1. Agreement

By completing and sending in the accompanying Bathtub Doctor.com, ("Bathtub Doctor") Affiliate Program ("Affiliate Program") application form , you are agreeing to enter into a legal agreement with Bathtub Doctor, which contains all of the terms and conditions below and governs your participation in Bathtub Doctor Affiliate Program. As used in the Agreement, "Bathtub Doctor", "we", "us" or "our" means Bathtub Doctor.com., a New York corporation, with its principal place of business at 180 Wantagh Ave. Bethpage, NY 11714 and "Applicant", "you", "your" and "yours" means you, the applicant. "Affiliate" means an applicant that has completed the application packet described above and that has been accepted by Bathtub Doctor into the Affiliate Program.

"Your Site" or “Affiliate Site” means the World Wide Web site that you specify in the application that is owned by you. The "Bathtub Doctor Site(s)" shall mean http://www.Bathtub Doctor.com/ and other sites owned and operated by Bathtub Doctor. The "Bathtub Doctor Service" shall mean Bathtub Doctor's bathtub refinishing and wall tile refinishing services, which are available at the Bathtub Doctor Site(s).

The purpose of this Agreement is to allow HTML linking between Your Site and the Bathtub Doctor Site(s).

2. Statement of Investigation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You acknowledge that you have independently  evaluated the desirability of participating in Bathtub Doctor's Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

3. Application to the Bathtub Doctor Affiliate Program

To begin the application process, you must submit a complete Affiliate Program application . Bathtub Doctor will evaluate your application in good faith and will notify you in a timely manner regarding acceptance or rejection of your application. Bathtub Doctor may reject your application if it determines (in its sole discretion) that Your Site is unsuitable for the Bathtub Doctor Affiliate Program for any reason, including, but not limited to, if Your Site incorporates images or content that is in any way competitive, unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable. If Bathtub Doctor rejects your application, you may reapply at any time, and Bathtub Doctor will reconsider the application.

4. No Spamming: Promoting Bathtub Doctor via unsolicited email is strictly prohibited, and affiliate agrees to not reference Bathtub Doctor in any way, shape, or form, in any email that Affiliate sends in which the recipient has not specifically asked to receive it. In the case of mailings which are conducted by a third party on Affiliates behalf, Affiliate assumes full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may not link to Bathtub Doctor from any URL that is promoted via unsolicited email. Finally, Affiliate may not advertise or reference Bathtub Doctor via USENET newsgroup postings in any way, shape, or form.

Affiliate agrees that Bathtub Doctor will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.

5. Linking Your Site to Bathtub Doctor/Limited License Grant

As an Affiliate Site, we will make available to you banner advertisements, button links, or text links to the Bathtub Doctor Site(s), containing Bathtub Doctor.com's, service marks, trade names, logo and words identifying Bathtub Doctor.com (the “Bathtub Doctor Marks”) (each of these advertisements and links referred to herein as "Links," or individually as a "Link"), which, subject to the terms and conditions hereof, you may display on Your Site. In utilizing the Links, you agree that you will cooperate fully with Bathtub Doctor in order to establish and maintain such Links. All Affiliates shall display such Links prominently throughout the Affiliate Site as approved by Bathtub Doctor in writing. A Link may only be modified and/or expanded with Bathtub Doctor’s prior written consent. Each Link connecting users of Your Site to Bathtub Doctor’s Site will in no way alter the look, feel or functionality of Bathtub Doctor’s Site. Bathtub Doctor has the right in its sole discretion to monitor Your Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.  You also agree that you will substitute such images with any new images provided by Bathtub Doctor from time to time throughout the term of this Agreement.  

Subject to the terms and conditions of this Agreement, Bathtub Doctor grants you a limited, non-exclusive, non-assignable, non-transferable, royalty-free license (without the right to sublicense) to (1) place Links on the Affiliate Site during the term of this Agreement; and (2) to use the Bathtub Doctor Marks as incorporated into the Links, for the sole purpose of linking to the Bathtub Doctor Site(s). 

6. Ownership of Links and Bathtub Doctor Marks.

You acknowledge that all right, title and interest in the Links and the Bathtub Doctor Marks are exclusively owned by Bathtub Doctor and/or its licensors, and that no right other than the limited license granted herein is provided to you. You shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the Links or the Bathtub Doctor Marks or in any element, derivation, adaptation, variation or name thereof.

You agree that your use of the Links and the Bathtub Doctor Marks incorporated therein, inures to the benefit of Bathtub Doctor. All goodwill or reputation in the Links and the Bathtub Doctor Marks shall automatically vest in Bathtub Doctor when the Links are used by you pursuant to this Agreement. You shall not contest the validity of any of the Bathtub Doctor Marks or Bathtub Doctor's exclusive ownership of them. During the term of this Agreement, you 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 Bathtub Doctor Marks, or any word or mark confusingly similar to them in any jurisdiction.

Use of the Links and the Bathtub Doctor Marks is subject to Bathtub Doctor's Linking and Trademark Guidelines, which appear as Appendix A at the end of this Agreement. Bathtub Doctor may modify the Linking and Trademark Guidelines from time to time, and will take commercially reasonable steps to notify you of the modifications. 

7. Referral Fees

Qualifying Services: All Services sold by Bathtub Doctor to customers originating from Affiliate's Referring Web Site or Referral URL -- and processed via Bathtub Doctor's online order forms, telephone or fax numbers, or mailing address -- qualify to earn Affiliate referral fees as described below. Bathtub Doctor reserves the right to reject any order that does not comply with Bathtub Doctor policy.

Referral Fee Amounts: Purchase of the Service by Affiliate's referred customers will earn Affiliate a referral fee equal to Five US$ dollars for a bathtub refinishing lead for the Service. Should Affiliate choose to optionally introduce others to the Bathtub Doctor Affiliate Program, Affiliate will also earn Five US$ dollars for the qualified lead for the Service paid by Affiliate's Sub-Affiliates' referred customers. Only Qualifying Services for which Bathtub Doctor has received a fully completed Lead Form and verified by BDI staff as a “Qualified” lead will qualify for referral fees.

Qualifying Leads: Bathtub Doctor provides its services in the NY metro area including NYC, Nassau and Suffolk counties, a qualified lead is a lead that is located in the NY metro area including NYC, Nassau and Suffolk counties only.

Definition Of Sub-Affiliates: A Sub-Affiliate is defined as a third party that is in no way related to Affiliate, either personally or commercially. Affiliate is not permitted to register for the Bathtub Doctor Affiliate Program more than once, and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement.

Affiliate understands that Bathtub Doctor monitors all affiliate registrations and orders, and agrees that Bathtub Doctor will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.

Referral Fee Payments: Bathtub Doctor will mail a referral fee payment in U.S. dollars for the applicable referral fees (less any taxes required to be withheld under applicable law) on the 28th of each calendar month for the previous month's referral fees. However, if the Referral Fees payable to you for any month are less than $50.00, we will hold these Referral Fees until the total amount due to you is at least $50.00 or, (if earlier), until this Agreement is terminated. An online statement of customer purchase activity is available to Affiliate at all times.

Returns And Cancellations: If referral fee qualifying Services are returned or cancelled by Affiliate's customer, the corresponding referral fee(s) will be deducted from Affiliate's next monthly referral fee payment.

Tax Reporting: By law, if referral fee payments to Affiliate accumulate to $599 in a calendar year and Affiliate is a resident of the United States of America , Affiliate will be required to provide Bathtub Doctor with a signed W-9 Form for tax reporting purposes before Bathtub Doctor can make additional referral fee payments to Affiliate during the same calendar year.

Any customers who register with the Bathtub Doctor Service will be deemed to be customers of Bathtub Doctor, and accordingly, all Bathtub Doctor rules, policies, and operating procedures will apply to those customers. We will determine the prices charged for the Bathtub Doctor Service provided to customers under this Affiliate Program in accordance with our own pricing policies. Bathtub Doctor, at its sole discretion, may change its rules, policies, operating procedures, services offered, pricing and referral fees at any time without prior notice.

You agree not to use any automated, manual or other system to register for the Bathtub Doctor Service except by individual end users who link from Your Site to the Bathtub Doctor Site(s) for the purposes of registering for and using the Bathtub Doctor Services.  Bathtub Doctor reserves the right to withhold any Referral Fees if it determines, in its sole discretion, that any fraud of any kind has been committed by the Affiliate.

8. Publicity

9. Obligations Regarding Your Site

You are solely responsible for the development, operation, and maintenance of Your Site and for all materials and content that appear on Your Site. Bathtub Doctor will not be responsible for and disclaims all liability for any of the foregoing. You agree to indemnify and hold Bathtub Doctor harmless from all damages, claims, fees (including attorneys' fees), and expenses arising from or relating to the development, operation, or maintenance of Your Site and any content displayed on Your Site including but not limited to any claim that content displayed on Your Site infringes or misappropriates any intellectual property right of a third party.

10. Term of the Agreement

The term of this Agreement begins upon Bathtub Doctor's acceptance of your application for the Affiliate Program, and ends when terminated by either party in accordance with this Agreement. Either you or Bathtub Doctor may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by you or Bathtub Doctor), you must remove the Bathtub Doctor Links and any other Bathtub Doctor Marks from Your Site and you must destroy or erase from computer memory or any other storage device any items you might have that contain Bathtub Doctor Links, Bathtub Doctor Marks or Bathtub Doctor Confidential Information (as defined herein).. Bathtub Doctor will pay you any commissions you might have earned before termination 45 days after the end of the calendar quarter in which this Agreement has been terminated.

11. Modification

Bathtub Doctor may modify any of the terms and conditions contained in this Agreement and will notify you of the modification via email, and a change notice will be posted on the Bathtub Doctor Site from which you retrieve the reports or other information made available by Bathtub Doctor. If a modification is unacceptable, you may terminate this Agreement by giving notice of termination to Bathtub Doctor and following the procedures in Section 10 (Term of Agreement). If you do not give Bathtub Doctor notice of termination in accordance with Section 10 and continue to display the Links on Your Site, then you will be deemed to have accepted the modifications.

12. Relationship of the Parties

You and Bathtub Doctor are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Bathtub Doctor. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Bathtub Doctor. You may not make any statement, whether on Your Site or otherwise, that would contradict anything in this section.

13. Confidentiality

During the term of this Agreement, you may have access to certain Confidential Information (as defined below) of Bathtub Doctor... You agree (i)not to disclose any Confidential Information to any third parties (other than your employees and/or consultants reasonably requiring such Confidential Information for purposes of this Agreement who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without the express prior written consent of Bathtub Doctor, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement, and (iii) to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. For purposes of this Agreement, "Confidential Information" means, any and all information in written, representational, electronic or other form relating directly or indirectly to the present or potential business, operation or financial condition of Bathtub Doctor (including, but not limited to, marketing plans, customer and supplier lists and product data) excluding any such information which at the relevant time (I) is known to the public (through no act or omission of the Affiliate in violation of this Agreement), (ii) is lawfully acquired by the Affiliate from an independent source having no obligation to Bathtub Doctor maintain the confidentiality of such information or (iii) was known to the Affiliate prior to its disclosure under this Agreement.

14. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, BATHTUB DOCTOR MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AFFILIATE PROGRAM, THE LINKS, TRADEMARKS, THE BATHTUB DOCTOR SITES, THE BATHTUB DOCTOR SERVICE, AND ANY OTHER SERVICE PROVIDED BY BATHTUB DOCTOR HEREUNDER, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE OR TRADE USAGE. BATHTUB DOCTOR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF THE BATHTUB DOCTOR SITE.

You understand that the operation and/or use of the Links or the Bathtub Doctor Site(s) may not be uninterrupted or error free, and may have errors or omissions. You agree that Bathtub Doctor will not be liable for any interruptions or errors in using the Links.

15. Limitation of Liability

BATHTUB DOCTOR WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LINKS, THE BATHTUB DOCTOR SERVICE OR BATHTUB DOCTOR'S AFFILIATE PROGRAM, EVEN IF BATHTUB DOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF DATA OR LOSS OR INTERRUPTION OF SERVICES OR COMMUNICATIONS. FURTHER, BATHTUB DOCTOR'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

16. Miscellaneous Provisions

This Agreement will be governed by the laws of the United States without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the county courts located in New York state, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.