Program Application






Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 10.00%

If you have any questions on our policies, please do get in touch.





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TERMS

& CONDITIONS





1. Overview



The following Terms and Conditions ("T&C") apply to you becoming an affiliate in La Menagerie Affiliate Programme.

Please note that throughout T&C, "we," "us," and "our" refer to Menagerie Products Ltd (the owner of lamenagerie.co),

and "you," "your," and "yours" refer to the Affiliate.



2. Affiliate Obligations



2.1. To begin the enrolment process, you will complete and submit the online application at the Refersion.com server. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:





2.1.1. Promotes sexually explicit materials,



2.1.2. Promotes violence,



2.1.3. Promotes discrimination based on race, sex, religion, nationality,

disability, sexual orientation, or age,



2.1.4. Promotes illegal activities,



2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law,



2.1.6. Includes "La Menagerie" or variations or misspellings thereof

in its domain name,



2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion,



2.1.8. Contains software downloads that potentially enable diversions of
commission from other affiliates in our program,



2.1.9. You may not create or design your website or any other website that you
operate, explicitly or implied in a manner which resembles our website nor
design your website in a manner which leads customers to believe you are lamenagerie.co
or any other affiliated business.


2.2. As a member of La Menagerie Affiliate Programme, you will
have access to Affiliate Dashboard. Here you will be able to review our
Program’s details, copy your affiliate links to web pages within lamenagerie.co
web site and banner creatives, browse and get tracking codes for our coupons
and deals (if available). In order for us to accurately keep track of all guest
visits from your site to ours, you must use the exact code that we provide for
each banner, text link, or other affiliate link we provide you with.


2.3. We reserve the right, at any time, to review your placement
and approve the use of Your Links and require that you change the placement or
use to comply with the guidelines provided to you.


2.4. The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make sure that
it is up-to-date and to notify you of any changes that we feel should enhance
your performance.


2.5. It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You must have
express permission to use any person's copyrighted material, whether it be a
writing, an image, or any other copyrightable work. We will not be responsible
(and you will be solely responsible) if you use another person's copyrighted
material or other intellectual property in violation of the law or any third
party rights. 





3. Our Rights and Obligations





3.1. We have the right to monitor your site at any time to
determine if you are following the Terms and Conditions. We may notify you of
any changes to your site that we feel should be made, or to make sure that your
links to our web site are appropriate and to notify further you of any changes
that we feel should be made. If you do not make the changes to your site that
we feel are necessary, we reserve the right to terminate your participation in La
Menagerie Affiliate Programme.





3.2. We reserve the right to terminate your participation in La
Menagerie Affiliate Programme immediately and without notice to you should you
commit fraud in your use of La Menagerie Affiliate Programme or should you
abuse this program in any way. If such fraud or abuse is detected, we shall not
be liable to you for any commissions for such fraudulent sales.





3.3. These Terms and Conditions will begin upon our acceptance
of your Affiliate application, and will continue unless terminated hereunder.




4. Termination





Either you or we may end our cooperation AT ANY TIME, with or
without cause, by giving the other party written notice. Written notice can be
in the form of mail, email or fax. In addition, our cooperation will terminate
immediately upon any breach of these T&C by you.




5. Modification





We may modify any of the Terms and Conditions at any time at our
sole discretion. In such event, you will be notified by email. Modifications
may include, but are not limited to, changes in the payment procedures and La
Menagerie Affiliate Programme rules. If any modification is unacceptable to
you, your only option is to end our cooperation. Your continued participation
in La Menagerie Affiliate Programme following the posting of the change notice
or new rules on our site will indicate your agreement to the changes. 





6. Payment





We use a third party to handle all of the tracking and payment.
The third party is the Refersion.com affiliate network. Kindly review the
network’s payment terms and conditions. 





7. Access to Affiliate Dashboard





You will create a password so that you may enter your secure
Affiliate Dashboard. From that site you will be able to receive your reports
that will describe our calculation of the commissions due to you.





8. Promotion Restrictions





8.1. You are free to promote your own web sites, but naturally
any promotion that mentions lamenagerie.co could be perceived by the public or
the press as a joint effort. You should know that certain forms of advertising
are always prohibited by us. For example, advertising commonly referred to as
"spamming" is unacceptable to us and could cause damage to our name.
Other generally prohibited forms of advertising include the use of unsolicited
commercial email (UCE), postings to non-commercial newsgroups and cross-posting
to multiple newsgroups at once. In addition, you may not advertise in any way
that effectively conceals or misrepresents your identity, your domain name, or
your return email address. You may use mailings to customers to promote lamenagerie.co
as long as the recipient is already a customer or subscriber of your services
or web site, and recipients have the option to remove themselves from future
mailings. Also, you may post to newsgroups to promote lamenagerie.co as long as
the news group specifically welcomes commercial messages. At all times, you
must clearly represent yourself and your web sites as independent from lamenagerie.co.
If it comes to our attention that you are spamming, we will consider that cause
for immediate termination of our cooperation and your participation in La
Menagerie Affiliate Programme. Any pending balances owed to you will
not be paid if your account is terminated due to such unacceptable advertising
or solicitation
.





8.2. Affiliates that among other keywords or exclusively bid in
their Pay-Per-Click campaigns on keywords such as lamenagerie.co, www.lamenagerie.co, la menagerie and/or
any misspellings or similar alterations of these – be it separately or in
combination with other keywords – and do not direct the traffic from such
campaigns to their own website prior to re-directing it to ours, will be
considered trademark violators, and will be banned from La Menagerie Affiliate
Programme. We will do everything possible to contact the affiliate prior to the
ban. However, we reserve the right to expel any trademark violator from our Affiliate
Programme without prior notice, and on the first occurrence of such PPC bidding
behavior.





8.3. Affiliates are not prohibited from keying in prospect’s
information into the lead form as long as the prospects’ information is real
and true, and these are valid leads (i.e. sincerely interested in lamenagerie.co's
service).





8.4. Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,”
“Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive
pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a
qualifying link until such time as the consumer has fully exited lamenagerie.co
website (i.e., no page from our site or any lamenagerie.co’s content or
branding is visible on the end-user’s screen).





As used herein “Parasiteware™” and “Parasitic Marketing” shall
mean an application that (a) through accidental or direct intent causes the
overwriting of affiliate and non affiliate commission tracking cookies throug
any other means than a customer initiated click on a qualifying link on a we
page or email; (b) intercepts searches to redirect traffic through an installe
software, thereby causing, pop ups, commission tracking cookies to be put i
place or other commission tracking cookies to be overwritten where a user would
under normal circumstances have arrived at the same destination through the
results given by the search (search engines being, but not limited to, Google,
MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory
engines); (c) set commission tracking cookies through loading of lamenagerie.co
website in iframes, hidden links and automatic pop-ups that open lamenagerie.co’s
website; (d) targets text on web sites, other than those web sites 100% owned
by the application owner, for the purpose of contextual marketing; (e) removes,
replaces or blocks the visibility of Affiliate banners with any other banners,
other than those that are on web sites 100% owned by the owner of the
application. 





9. Grant of Licenses





9.1. We grant to you a non-exclusive, non-transferable,
revocable right to (i) access our site through HTML links solely in accordance
with these Terms and Conditions and (ii) solely in connection with such links,
to use our logos, trade names, trademarks, and similar identifying material
(collectively, the "Licensed Materials") that we provide to you or
authorize for such purpose. You are only entitled to use the Licensed Materials
to the extent that you are a member in good standing of La Menagerie Affiliate
Programme. You agree that all uses of the Licensed Materials will be on behalf
of lamenagerie.co and the good will associated therewith will inure to the sole
benefit of lamenagerie.co.





9.2. Each party agrees not to use the other's proprietary
materials in any manner that is disparaging, misleading, obscene or that
otherwise portrays the party in a negative light. Each party reserves all of
its respective rights in the proprietary materials covered by this license.
Other than the license granted in these T&C, each party retains all right,
title, and interest to its respective rights and no right, title, or interest
is transferred to the other. 





10. Disclaimer





LAMENAGERIE.CO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING LAMENAGERIE.CO SERVICE AND WEBSITE OR THE PRODUCTS OR
SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LAMENAGERIE.CO ABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED
AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR
SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 





11. Representations and Warranties





You represent and warrant that:





11.1. These T&C has been duly and validly executed and
delivered by you and constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms;





11.2. You have the full right, power, and authority to enter
into and be bound by the Terms and Conditions and to perform your obligations
under these T&C, without the approval or consent of any other party;




11.3. You have sufficient right, title, and interest in and to
the rights granted to us in these T&C. 




12. Limitations of Liability





WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER
OF THESE T&C'S UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR
GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LAMENAGERIE.CO'S
CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR
EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THESE
T&C. 





13. Indemnification





You hereby agree to indemnify and hold harmless lamenagerie.co,
and its subsidiaries and affiliates, and their directors, officers, employees,
agents, shareholders, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i) any claim that
our use of the affiliate trademarks infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us. 





14. Confidentiality





All confidential information, including, but not limited to, any
business, technical, financial, and customer information, disclosed by one
party to the other during negotiation or the effective term of this Agreement
which is marked "Confidential," will remain the sole property of the
disclosing party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without express
written permission of the disclosing party. 





15. Miscellaneous





15.1. You agree that you are an independent contractor, and
nothing in these T&C will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between you and lamenagerie.co.
You will have no authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on Your Site or any other
of Your Site or otherwise, that reasonably would contradict anything in this
Section.





15.2. Neither party may assign its rights or obligations under
these T&C to any party, except to a party who obtains all or substantially
all of the business or assets of a third party.





15.3. These Terms and Conditions shall be governed by and
interpreted in accordance with the laws of the United Kingdom without regard to
the conflicts of laws and principles thereof.





15.4. You may not amend or waive any provision of these T&Cs
unless in writing and signed by both parties.





15.5. These T&C represents the entire agreement between us
and you, and shall supersede all prior agreements and communications of the
parties, oral or written.





15.6. The headings and titles contained in these Terms and
Conditions are included for convenience only, and shall not limit or otherwise
affect the terms of our cooperation.





15.7. If any provision of these T&C is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum
extent necessary such that the intent of the parties is effectuated, and the
remainder of these T&C shall have full force and effect.