Half Price Spa .com, 50% off Discounts, Buy 30 Days in Advance Discounts

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Please read Marketing Affiliate Agreement:
1. AGREEMENT
By completing and sending in the accompanying registration form you are agreeing to the terms and conditions of this Agreement, and entering into a legal agreement with the Spa Owner you are selling discounts for and halfpricespa.com, which contains all of the terms and conditions below and governs your participation in the halfpricespa.com (as defined below) Affiliate Program.

2. DEFINITIONS
For purposes of this Agreement, the following terms will have the indicated meanings:

1.  Affiliate:  The name of the company or individual or other corporate entity provided in the registration form. 
2.  Affiliate's Web Site:  The web pages of Affiliate, as indicated in Affiliate's registration form "URL of Site."
3.  Sale:  When a user of Affiliate's Web Site or the Affiliate clicks on the halfpricespa.com button, banner or text link and purchases one or more Services.

3.GRANT OF LICENSE
1.License: Subject to the terms and conditions of this Agreement, Spa Owner / halfpricespa.com grants to Affiliate a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable royalty-free  license during the term of this Agreement to display
the Licensed Materials on Affiliate's Web Site, solely in connection with the exercise of Affiliate's rights under this Agreement.
2.Use: Affiliate shall apply, use, display and reproduce the Licensed Materials, in the size, place, and manner Spa Owner / halfpricespa.com may indicate from time to time, on Affiliate's Web Site and related materials. Affiliate shall display such Licensed Materials only in a manner that complies in all material respects with  halfpricespa.com's Usage Guidelines attached hereto as Exhibit B, and as modified from time to time by Spa Owner / halfpricespa.com in its sole discretion.
3.Ownership: Affiliate acknowledges that all rights, title and interest in the Licensed Materials are exclusively owned by Spa Owner / halfpricespa.com and/or its licensors, and that no right other than the limited license granted herein is provided to Affiliate.  Affiliate shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the Licensed Materials or in any element, derivation, adaptation, variation or name thereof.  Without limiting the foregoing, Affiliate hereby assigns to Spa Owner / halfpricespa.com all worldwide right, title and interest in the Licensed Materials and in any material
objects consisting of the Licensed Materials and/or any Spa Owner / halfpricespa.com trademark, tradename or service mark.
4.Ownership of Goodwill: Affiliate agrees that its use of the Licensed Materials, including all Spa Owner /  halfpricespa.com trademarks, service marks and/or  tradenames incorporated therein, inures to the benefit of Spa Owner / halfpricespa.com. All goodwill or reputation in the Licensed Materials shall automatically vest in Spa Owner / halfpricespa.com when the Licensed Materials are used by Affiliate pursuant to this Agreement. Affiliate shall not contest the validity of any of the Spa Owner / halfpricespa.com trademarks, service marks or tradenames or Spa Owner / halfpricespa.com's exclusive ownership of them. During the term of this Agreement, Affiliate shall not adopt, use, or register, or apply  for registration of, whether as a corporate name,trademark, service mark or other indication of origin, any of the  Spa Owner / halfpricespa.com trademarks, service marks or tradenames, or any word or mark confusingly similar to them in any jurisdiction.

4. Spa Owner / halfpricespa.com's  RIGHTS AND 
RESPONSIBILITIES
1. Spa Owner / halfpricespa.com Placement at Affiliate's Site: The Banner, Images, Button or Text Links will be displayed on Affiliate's Web Site, in a form, manner and presentation in accordance with the Usage Guidelines attached hereto as Exhibit B and instructions posted by Spa Owner / halfpricespa.com, as modified by Spa Owner / halfpricespa.com from time to time.

5. AFFILIATE'S RESPONSIBILITIES
1.Affiliate's Implementation Responsibilities: Affiliate shall enable users of Affiliate's Web Site to enter halfpricespa.com  ffiliate Show List Page.
2.Changes: Affiliate shall not change the Licensed Materials or any other material that may be licensed to Affiliate.
3.Affiliate's Site: Affiliate agrees that it is solelyresponsible for the development, maintenance and operation of Affiliate's Web Site and for all materials and content that appear on Affiliate's Web Site. 
4.Publicity: Affiliate may not create, publish, or distributeany item that references Spa Owner / halfpricespa.com without first submitting those  items to Spa Owner / halfpricespa.com and receiving both Spa Owner and halfpricespa.com's written consent. Affiliate may not issue any press release or other  public statements regarding this Agreement without both Spa Owner's and halfpricespa.com's prior written  approval. The failure to obtain the prior written  approval shall be deemed a material breach of this Agreement.
5.Earnings Disclaimer: The amount of money that an individual or company can make with our affiliate program will vary.  Not all affiliates will make money.  If you sign up for our affiliate program, it is not a guarantee that you automatically make money.  With any business interest the amount of effort, exposure, dedication, your audience, volume of potential customers you come in contact with, the potential customer may or may not need the products or services and how you display your affiliate information to others is all direct relation to the amount of money you can generate.  Each affiliate must agree to take responsibility for their own actions.

6. CONSIDERATION
1.Consideration: Spa Owner will be solely responsible for paying Affiliate a commission as previously agreed upon by Spa Owner and Affiliate.  halfpricespa.com has no obligation to pay Affiliate for commissions for any sales.   
2.Terms: Spa Owner will pay Affiliate as predetermined between Affiliate and Spa Owner for all commissions earned under Section 6.1 during the time period, less any taxes Spa Owner may be required to withhold, and less any amount Spa Owner determines, in its sole discretion, was not validly earned from proper use of the Licensed Materials on Affiliate's Web Site. If commissions earned during any month are less than $25, then Spa Owner, in its sole discretion,  may hold those commissions until the month in which the total amount due is at least $25 or (if earlier) until this Agreement is terminated.
3.Reporting:   Spa Owner / halfpricespa.com will provide Affiliate with the ability to obtain a password that will enable Affiliate to enter a password-protected site or an area of a site communicated to Affiliate by halfpricespa.com.Affiliate may use the password to log in to that site solely to access information about the number of Sales they have generated and commissions earned current and previous. Affiliate understands and agrees that Spa Owner pays commissions based only on Sales and that the number of information requests generated may not be the same as the number of Sales  

7. REPRESENTATIONS AND WARRANTIES
1. Spa Owner / halfpricespa.com Warranties: Spa Owner /  halfpricespa.com represents and warrants that it has full power and authority to enter into this Agreement.Spa Owner / halfpricespa.com does not warrant that the Affiliate Program, services or various products or the Licensed Materials will meet all of Affiliate's requirements or that performance of the Affiliate Program or Licensed Materials will be uninterrupted or error-free. halfpricespa.com  

IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD  PARTIES (INCLUDING Spa Owner / ADVERTISERS) OR FOR ANY THIRD PARTY SITES.  HALFPRICESPA.COM AND ITS LICENSORS / SPA OWNERS MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING  WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. HALFPRICESPA.COM WILL PERIODICALLY ADD OR DEDUCT SPA DISCOUNTS AND OTHER SERVICES AND PRODUCTS AT  HALFPRICESPA.COM SOLE DISCRETION.

2.Affiliate Warranties: Affiliate represents and warrants that: (i) it has full power and authority to enter into this Agreement, (ii) the content on Affiliate's Web Site, and/or the technology used by Affiliate in connection with Affiliate's Web Site and/or the means by which users access Affiliate's Web Site (a) are owned, validly licensed for use by Affiliate or in the public domain; (b) do not  constitute defamation,libel, obscenity; (c) do not violate applicable law or regulations; (d) do not infringe or violate any copyright,patent, trademark or other similar intellectual property right, or otherwise violate or breach any duty toward, or rights of any person or entity, including without limitation, rights of privacy and publicity; and (e) do not result in any consumer fraud, product liability, breach of contract to which Affiliate is a party or cause injury to any third party.

8. CONFIDENTIALITY
1.During the term of this Agreement, Affiliate may have access to certain non-public information of Spa Owner / halfpricespa.com, which information a reasonable person would consider confidential or which is marked as  "confidential" or "proprietary" by halfpricespa.com ("Confidential Information").Confidential Information does not include information that is generally known and available, or in the public domain through no fault of Affiliate's. Affiliate agrees (i) not to disclose any  Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except to  carry out its rights and responsibilities under this Agreement and (iii) to keep the Confidential Information confidential using the same degree of care Affiliate uses to protect its own confidential information, as long as it uses at least reasonable care. Each party acknowledges and agrees that due to the unique nature of the Confidential Information, there can be no adequate remedy at law for any breach of its  obligations hereunder, that any such breach may allow one party or third parties to unfairly compete  with the other party resulting in irreparable harm to non-breaching party and, therefore, that upon any such breach or threat thereof, the non-breaching party shall be entitled to injunctions and other appropriate equitable relief in addition to whatever  remedies it may have at law. In addition, if the non-breaching party prevails in any legal dispute hereunder, it shall be entitled to collect its reasonable attorneys' fees and expenses.  The sole jurisdiction and venue for actions related to the  subject matter hereof shall be the Nevada state and U.S. federal courts having within their jurisdiction the location of halfpricespa.com's principal place of business.  Each party consents to the jurisdiction of such courts. All obligations under this Section 8 survive for 3 years after termination of the Agreement.

9. INDEMNIFICATION
1.  Spa Owner / halfpricespa.com Indemnification: Spa Owner / halfpricespa.com shall defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Affiliate, which alleges facts that would constitute a breach of any warranty or representation made by Spa Owner / halfpricespa.com under this Agreement;  provided that Affiliate promptly notifies Spa Owner and  halfpricespa.com in writing of any such claim, promptly  tenders the control of the defense and settlement of any such claim to Spa Owner / halfpricespa.com (at Show  Owner / halfpricespa.com's expense and with  halfpricespa.com's choice of counsel), and cooperates fully with halfpricespa.com (at Spa Owner's / halfpricespa.com's request and expense) in defending or settling such claim, including but not limited to  providing any information or materials necessary for Spa Owner /  halfpricespa.com to perform the foregoing.  
2.Affiliate Indemnification: Affiliate shall defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Spa Owner / halfpricespa.com, which would constitute a breach of any warranty, representation or covenant made by Affiliate under this Agreement;  provided that Spa Owner / halfpricespa.com promptly  notifies Affiliate in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to Affiliate at Affiliate's expense and with  Affiliate's choice of counsel.  Spa Owner /  halfpricespa.com shall cooperate with Affiliate,  at Affiliate's expense, in defending or settling such claim. Affiliate will not enter into any settlement or  compromise of any such claim without Spa Owner's / halfpricespa.com's prior consent, which shall not be unreasonably withheld. 
3.Limitation of Liability: EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO BREACH OF THE CONFIDENTIALITY PROVISIONS HEREIN OR OBLIGATIONS UNDER SECTION 9, NEITHER PARTY OR  ANY OF HALFPRICESPAS SPA OWNERS WILL BE LIABLE FOR  ANY LOST PROFITS OR COSTS OF PROCUREMENT OF  SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT,  SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,  INCLUDING DAMAGES FOR LOST DATA, HOWEVER CAUSED AND  UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED  TO CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY AND  NEGLIGENCE, AND WHETHER OR NOT SUCH PARTY WAS OR  SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY  OF SUCH DAMAGE. IN NO EVENT WILL SPA OWNERS'S / HALFPRICESPA.COM'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT PAYABLE TO AFFILIATE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. 

10. TERM
1.Term: The term of this Agreement (the "Term") shall commence on the date Affiliate agrees to the terms and conditions of this Agreement and shall continue in force thereafter, unless earlier terminated as provided herein. 
2.Termination for Breach: If Affiliate breaches any covenant, representation and/or warranty of this  Agreement, or if Affiliate engages in any action that, in Spa Owner's or halfpricespa.com's sole discretion, reflects poorly on Spa Owner / halfpricespa.com or 
otherwise disparages or devalues Spa Owner /  halfpricespa.com's  trademarks,  service marks, tradename, reputation or goodwill, Spa Owner /  halfpricespa.com may terminate the Agreement immediately upon notice to Affiliate.
3.Termination for Convenience: Either party may terminate  this Agreement on ten days written notice to the other party for any reason.
4.Termination Due to Insolvency: Either party may suspend  performance and/or terminate this Agreement if the other  party makes any assignment for the benefit of creditors or has any petition under bankruptcy law filed against it, which petition is not dismissed within 60 days of such  filing, or has a trustee or receiver appointed for its business or  assets or any party thereof.
5.Effect of Termination: Upon the termination of this Agreement for any reason (i) all license rights granted  herein shall terminate immediately, and Affiliate shall immediately cease use of the Licensed Materials and of all Spa Owner / halfpricespa.com trademarks, service marks and tradenames incorporated in the Licensed Materials.

11.MISCELLANEOUS
1.Survival. In the event of any termination or expiration of this Agreement for any reason, Sections 3.3, 7, 8, 9, 10.5 and 11 shall survive termination. 

2. Notice. Any notice required for or permitted by this Agreement shall be in writing and shall be deemed  delivered if delivered as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, (iii) by telecopy or facsimile transmission when confirmed by  telecopier or facsimile transmission  report, (iv) by  certified or registered mail, return receipt requested,  upon verification of receipt; or (v) by the same day, when delivered by email. All notices must be sent to  the addresses first described above, or to such other address that the receiving party may have provided for  the purpose of notice in accordance with this Section. 

3. Assignment.  Affiliate may not assign its rights or  delegate its  obligations under this Agreement without the Spa Owner's / halfpricespa.com's prior written consent, except to the surviving entity in a merger or consolidation in which it participates or to a purchaser of all or substantially all of its assets, so long as such surviving entity or purchaser shall expressly assume in 
writing the performance of all of the terms of this Agreement.

4. No Third Party Beneficiaries. All rights and  obligations of the parties hereunder are personal to them. This Agreement is not intended to benefit, nor shall it be  deemed to give rise to, any rights in any third party.

5. Governing Law. This Agreement will be governed and  construed, to the extent applicable, in accordance with United States law, and otherwise, in accordance with Nevada law, without regard to conflict of law principles. Except for requests for injunctive relief, any dispute or  claim arising out of or in connection with this Agreement  shall be finally settled by binding arbitration in Clark County, Nevada under the Commercial Rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. Judgment on the award rendered by the arbitrator may be entered in any court having  jurisdiction thereof.

6. Independent Contractors. The parties are independent  contractors. This Agreement shall not be construed to  create a joint venture or partnership between the parties. No party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create  any obligation or responsibility on behalf of the other.

7. Force Majeure. No party shall be liable hereunder by reason of any failure or delay in the performance of its obligations (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, or any other cause that is beyond the reasonable control of such party.

8. Compliance with Law. Each party shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of its  obligations under this Agreement. 

9. Entire Agreement. This Agreement (including the  Agreement, these Terms and Conditions and all exhibits,  riders and mock ups attached thereto) constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of  this Agreement govern, any other prior or collateral agreements (including without limitation, any warranties) with respect to the subject matter hereof. Any amendments to this Agreement must be in writing and executed by an officer of the parties.

10. Severability. If any provision of this Agreement is held or made invalid or unenforceable for any reason,  such invalidity shall not affect the remainder of this  Agreement,and the invalid or unenforceable provisions  shall be replaced by a mutually acceptable  provision,  which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like  economic effect.

11. Waiver. The terms or covenants of this Agreement may be  waived  only by a written instrument executed by the party waiving compliance. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any party of the breach of any term or covenant contained in this Agreement, whether  by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing
waiver of any such breach or a waiver of the breach of any other term or covenant contained in this Agreement. 

12. Section Headings. The section headings contained herein are for  reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

EXHIBIT A
The Licensed Materials
For the display of the Licensed Materials provided as part of this Agreement, please see http://www.halfpricespa.com which is incorporated into and made part of this Agreement.

EXHIBIT B
HALFPRICESPA.COM GUIDELINES
1.You may use the Licensed Materials solely for the purpose authorized herein by Spa Owner /  halfpricespa.com and  only in compliance with the specifications, directions, information and standards supplied by  Spa Owner /  halfpricespa.com and modified by Spa Owner / halfpricespa.com from time to time.
2.You agree to comply with any requirements established by Spa Owner / halfpricespa.com concerning the style, design, display and use of the Licensed Materials; to correctly use the trademark symbol  " or registration symbol with every use of the trademarks, service marks and/or tradenames as part of the Licensed Materials as instructed by Spa Owner / halfpricespa.com; to use the registration symbol upon  receiving notice from Spa Owner / halfpricespa.com of registration of any trademarks, service marks and/or tradenames that are part of the Licensed Materials.
3.You may not alter the Licensed Materials in any manner, or use the Licensed Materials in any manner that may dilute, diminish, or otherwise damage Spa Owner's / halfpricespa.com's rights and goodwill in any Spa Owner / halfpricespa.com trademark, tradename and/or service mark that are part of the Licensed Materials. 
4.You may not use the Licensed Materials in any manner that implies sponsorship or endorsement by Spa Owner / halfpricespa.com of services and products other than those provided by Spa Owner / halfpricespa.com.
Only Submit Form once, duplicated submissions voids registration.