Affiliate Terms

4HER4HIM.NET AFFILIATE PROGRAM AFFILIATE AGREEMENT 

The following is an Agreement between you (the “Affiliate”) and 4her4him.net, JGI (“Just God Incharge”) which governs the terms and conditions of your participation in the 4her4him.net Affiliate Program.  4her4him.net owns, operates, and maintains a website with a URL at www.4her4him.net (the “4her4him.net website”). 

1.         ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Your participation in the 4her4him.net Affiliate Program is conditioned on your prior acceptance of the terms and conditions of this Agreement.  By clicking on the I AGREE button provided below this Agreement you are agreeing to become a party to this Agreement as an Affiliate and to be bound by the terms and conditions of this Agreement.  You agree to use the 4her4him.net website and to participate in the 4her4him.net.  Affiliate Program solely in accordance and compliance with the terms of this Agreement.

The Affiliate shall complete the 4her4him.netAffiliate Program application accompanying this Agreement on the 4her4him.net website.  The Affiliate warrants and represents that all information contained in its application is true, accurate and complete.  4her4him.net reserves the right to accept or reject the Affiliate for participation in the 4her4him.net Affiliate Program in its sole discretion.

2.         MODIFICATIONS OF THIS AGREEMENT.

4her4him.net reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on 4her4him.net. or by emailing the Affiliate with a change notice or new agreement at the email address provided by the Affiliate as part of the application process (the “Affiliate’s email address”).  Your continued participation in the 4her4him.net Affiliate Program constitutes your prior acceptance of the terms of such change notice or new agreement.

3.         ADDITIONAL TERMS.

Certain features, functions, and sections of the 4her4him.net website and the purchase of products and services may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such products and services.  Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement.  In addition, 4her4him.net may establish guidelines, policies, and codes of conduct governing participation in the 4her4him.net Affiliate Program and use of the 4her4him.net website and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of this Agreement.

This Agreement incorporates the terms and conditions of the 4her4him.net Terms of Use Agreement which is available at Our Terms. You understand and acknowledge that your participation in the 4her4him.net Affiliate Program and your use of the 4her4him.net website is subject to the terms and conditions of the 4her4him.net Terms of Use Agreement.

4.         LINKS.

As soon as is practical after 4her4him.net receives and processes the Affiliate’s application, 4her4him.net shall send an email to the Affiliate indicating the applicant’s participation status (accepted/denied) in the 4her4him.net Affiliate Program. At that time, 4her4him.net shall provide the Affiliate with an affiliate ID number, user name, password, and instructions on how to create hyperlinks (“the links”) between the Affiliate website and the 4her4him.net website that will allow the Affiliate to access and download certain text and graphics onto the Affiliate website and the 4her4him.net website.  All such instructions, text, graphics and other material provided to the Affiliate by 4her4him.net are hereinafter referred to as “4her4him.net Content”.

The establishment, placement, and maintenance of the Links and the 4her4him.net Content on the Affiliate website are the sole responsibility of the Affiliate provided, however, that  4her4him.net reserves the right to direct the Affiliate to remove or revise a Link or any 4her4him.net Content and the Affiliate will so remove or revise such Link or 4her4him.net Content upon notice from 4her4him.net. The Affiliate shall only use on the Affiliate website such hyperlinks and 4her4him.net Content as are provided to the Affiliate by 4her4him.net in connection with participation in the 4her4him.net Affiliate Program.  4her4him.net reserves the right to revise or substitute the Links and any 4her4him.net Content and the Affiliate agrees to use such revised or substituted Links and 4her4him.net Content upon receipt from 4her4him.net. The Affiliate understands and acknowledges that for a hyperlink to qualify for participation in the 4her4him.net Affiliate Program, the link must be created through use of the 4her4him.net affiliate login.

5.         INTELLECTUAL PROPERTY RIGHTS.

All right, title and interest in the Links and the 4her4him.net Content are and remain in and with 4her4him.net.  No license or permission is given to the Affiliate to use the Links and 4her4him.net Content except to the extent specifically provided herein.

All trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on the 4her4him.net website are owned by 4her4him.net, its affiliated companies, its suppliers, or its licensors.  All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners.  No license or permission is given to the Affiliate to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner except to the extent specifically provided to the contrary herein.  The copyright in the 4her4him.net website, the content of the 4her4him.net website, and software utilized in the 4her4him.net website are owned by 4her4him.net and its suppliers and licensors.  All rights in and to such copyrights are reserved to their respective owners.  No license or permission is given to the Affiliate to use such copyrighted material in any manner.  The Affiliate shall not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warn­ings which are included in or on the 4her4him.net Content, the 4her4him.net website or any service or product offered for use or sale through the 4her4him.net website.

6.         LIMITED LICENSE.

During the term of this Agreement, 4her4him.net hereby grants, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited license to reproduce and display the Links and 4her4him.net Content on the Affiliate website solely in connection with the Affiliate’s participation in the 4her4him.net Affiliate Program.  All such use by the Affiliate of the Links shall be subject to the approval of 4her4him.net and the Affiliate shall revise such use or cease such use upon notice from 4her4him.net.  Any and all goodwill associated with the use of the Links and 4her4him.net Content shall inure exclusively to the benefit of 4her4him.net.

7.         RESPONSIBILITY FOR AFFILIATE WEBSITE AND PROPER USAGE.

The Affiliate is solely responsible for the ownership, development, operation, and maintenance of the Affiliate website and all software and hardware used in connection therewith.  The Affiliate shall not operate the Affiliate website nor use the 4her4him.net website (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of 4her4him.net or is otherwise harmful to 4her4him.net; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter the 4her4him.net website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of the 4her4him.net website by any third party.  The Affiliate shall not post on or transmit through the Affiliate website or the 4her4him.net website any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.

The Affiliate shall comply with all laws, statutes, ordinances, rules, regulations, and orders applicable to the Affiliate and the operation of the Affiliate’s business including, without limitation, those governing the use of electronic mail or other communications.

The Affiliate shall not develop, maintain or operate the Affiliate website in any manner as to copy or resemble the appearance of the 4her4him.net website or as to create the impression that the Affiliate website is part of the 4her4him.net website or that the Affiliate website is owned, operated or maintained by 4her4him.net.  The uniform resource locators (URLs), domain names, and other identifiers of the Affiliate website including, without limitation, website names, website descriptions, and meta information, shall not contain, in whole or in part, any trademarks, trade names, product names, company names, corporate names, or logos which are owned by 4her4him.net or its affiliated companies or which are derivatives thereof or confusingly similar thereto without the expression written permission of 4her4him.net.  The Affiliate shall not contract or otherwise arrange with any third party to use or otherwise exploit the trademarks, trade names, product names, company names, corporate names, or logos which are owned by 4her4him.net or its affiliated companies or which are derivatives thereof or confusingly similar thereto for purposes of causing the Affiliate website to appear as a search result of any search engine or for any other reason.

8.         ORDER PROCESSING

4her4him.net shall have the sole right and responsibility for processing and fulfilling product orders placed by Customers through the use of the Links as hereinafter provided.  4her4him.net’s responsibilities shall include order entry, payment processing, packing, shipping, cancellations, returns, and customer service.  All such product orders and sales are at the price and subject to such terms and conditions as 4her4him.net shall determine in its sole discretion.  4her4him.net reserves the right to refuse an order for any reason and shall have no liability to the Affiliate for any order so refused.

The parties acknowledge and agree that all users who visit the 4her4him.net website, including, without limitation, all Customers who place product orders through the use of the Links, are customers of 4her4him.net and are subject to the guidelines, policies, procedures, codes of conduct, and other terms and conditions imposed by 4her4him.net.

9.         CONSIDERATION

In consideration of the Affiliate establishing, placing, and maintaining the Links on the Affiliate website, and of all other obligations and agreements of the Affiliate hereunder, 4her4him.net shall pay to the Affiliate during the term hereof a fee based on the Net Sales Price for all products and services purchased by a Customer through the use of the Links in accordance with the following schedule:

The term “Net Sales Price” as used herein shall mean the gross revenue received by 4her4him.net from Customers for products and services purchased from 4her4him.net through the use of the Links as herein provided less sales taxes, duties, other taxes, shipping fees, handling fees, gift-wrapping charges, service charges, returns, and other charges incurred by the Customer. 

No fee shall be due to the Affiliate for the purchase of gift certificates, or wholesale sales. 

4her4him.net will make payment to the Affiliate of all fees due, less any taxes required to be withheld under applicable law, within fourteen (14) days of the end of each calendar month.  In the event that the fees due are less than Twenty-five ($25.00) Dollars, no payment shall be made that month and the balance of the fee due will be carried to the next calendar month. 

10.       AFFILIATE’S WARRANTIES AND REPRESENTATIONS.

The Affiliate hereby warrants and represents as follows: (a) this Agreement has been duly and validly executed and delivered by or on behalf of the Affiliate and constitutes a legal, valid, and binding obligation of the Affiliate in accordance with the terms and conditions hereof; (b) that, if the Affiliate is a natural person, the Affiliate is at least eighteen (18) years of age; (c) that the Affiliate has the full power and authority to enter into this Agreement; and (d) that the Affiliate’s execution of, delivery of, and performance under this Agreement do not constitute a violation of law or a breach of the Affiliate’s contractual and/or fiduciary obligations or a infringement on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights.

11.       TERM AND TERMINATION.

The term of this Agreement shall commence upon the acceptance by 4her4him.net of the Affiliate’s 4her4him.net Affiliate Program application and shall continue until terminated by either party in accordance with the terms of this Agreement. Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party as hereinafter provided.  At the beginning of each year, 4her4him.net may review the entire 4her4him.net affiliate database and may terminate any Affiliate account from the 4her4him.net Affiliate Program that is more than twelve (12) months old and has earned less than Twenty-five ($25.00) Dollars in affiliate fees during the preceding twelve (12) month period.  Such termination shall also operate as a termination of the within Agreement and shall be effective upon written notice from 4her4him.net to the Affiliate. Upon termination of this Agreement, the Affiliate shall immediately remove all Links and other 4her4him.net Content from the Affiliate website and shall return all Links and other 4her4him.net Content to 4her4him.net.  Upon termination, the Affiliate shall be entitled to all fees hereunder accruing as of the date of termination provided that the related product orders are not cancelled or the product returned.  4her4him.net may withhold final payment upon termination for a reasonable period of time, not to exceed six (6) months to ensure that the correct amount is paid.

12.       APPLICABLE LAW, JURISDICTION AND VENUE.

The 4her4him.net website is created, controlled, owned and operated by 4her4him.net in the State of Maryland.  The laws of Maryland shall govern and control this Agreement, the performance of each party under this Agreement, participation in the 4her4him.net Affiliate Program, the use of the 4her4him.net website, and the purchase of services and products through the use of the 4her4him.net website.  The Affiliate and 4her4him.net each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in Maryland, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation in the 4her4him.net Affiliate Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the 4her4him.net website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the 4her4him.net website.  The Affiliate and 4her4him.net each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation in the 4her4him.net Affiliate Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the 4her4him.net website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the 4her4him.net website shall be commenced and maintained only in a court in Maryland.

13.       CUSTOMER INFORMATION.

The Affiliate acknowledges that as the result of the Affiliate’s participation in the 4her4him.net Affiliate Program and the creation and maintenance of the Links, 4her4him.net may receive information about users of the Affiliate website and the Affiliate agrees that 4her4him.net is authorized to access, receive, store, use and disclose such information.  The Affiliate further acknowledges and agrees that 4her4him.net is authorized to access, receive, store, use and disclose all information regarding Customers who connect to the 4her4him.net website or who place product orders through the use of the Links.

14.       BINDING EFFECT AND ASSIGNMENT.

This Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs, executors, administrators, personal representatives, successors and assigns.  This Agreement may not be assigned by the Affiliate without the express written consent of 4her4him.net, which consent 4her4him.net may withhold in its sole and absolute discretion.  This Agreement is freely assignable, in whole or in part, by 4her4him.net.

15.       MISCELLANEOUS.

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdic­tion, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.  Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. Any failure by 4her4him.net to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of 4her4him.net to enforce the provision at any subsequent time. The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity. If any provision of this Agreement or of any order is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable. In the event of termination of this Agreement, regardless of the manner or cause for termination, all provisions of this Agreement which by their nature survive such termination shall survive such termination.  The termination of this Agreement shall not relieve or operate as a waiver of any prior breach of or default under the terms hereof.