Slumber Cloud Terms and Conditions
Please read our Terms and Conditions to ensure your browsing experience is the best it can be.
Slumbercloud.com (the "Site") is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “Slumbercloud.com,” "Slumber Cloud," "we," "us," and "our" refer to Global Web Horizons LLC, dba Slumbercloud.com together with its affiliates and subsidiaries. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
This Site is operated by Global Web Horizons LLC. We are a company incorporated in Delaware and our principal place of business is located at 93 S Jackson St #72994 Seattle, WA 98104-2818.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Please review our Privacy and Security Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
You acknowledge that the Site contains Content in many forms that is protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietaryrights,and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining written permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise,except:(a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringingmaterials,and to terminateaccessof repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have agood faithbelief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By mail: Copyright Concern
Global Web Horizons LLC
93 S Jackson St #72994
Seattle, WA 98104-2818
By phone: 1-855-482-8802
By e-mail: email@example.com
Slumber Cloud, Slumbercloud.com and other marks which may or may not be designated on the Site by a "™" "®" "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of Global Web Horizons LLC, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Slumber Cloud. Slumber Cloud trademarks and trade dress may not be used in connection with any product or service that is not Slumber Cloud’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Slumbercloud.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Slumbercloud.com.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Slumber Cloud or its Associates without our express, prior written consent. You may not use anymeta tagsor any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through "My Account" and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "My Account" area of the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
Portions of the Site may be covered by one or more patents.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site isindependent fromus, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party orthird partyproduct or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither SlumberCloud,nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Slumber Cloud, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, Slumber Cloud makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States and Canada. Slumber Cloud specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Slumber Cloud or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Slumber Cloud or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Slumber Cloud records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Slumber Cloud has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content,merchandiseand services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or businessuse,unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam)throughthe Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Slumber Cloud, its Associates, ourusersand customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Slumbercloud.com or any third party. Notwithstanding the foregoing, neither Slumber Cloud nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Slumber Cloud, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
YOUR USER CONTENT POSTED ON THE SITE
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "User Content"), sent, transmitted, or uploaded by youonthe Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third partyincluding:copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Slumber Cloud uses temporary cookies to store visitors' preferences, record session information (such as items that visitors add to their shopping cart), and track our newsletter subscriber's behavior on the website. We also use remarketing services to display our ads to visitors across multiple third party sites. None of the cookies used on our site contain any personally identifiable information.
YOUR CONSENT FOR NOTICES WE SEND YOU
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typicallypersons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Slumber Cloud and/or its Associates.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Seattle, Washington, USA, except that, to the extent you have in any manner violated or threatened to violate Slumber Cloud intellectual property rights, Slumber Cloud may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, USA and you consent to exclusive jurisdiction and venueinsuch courts.Arbitrationshall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our Privacy and Security Policy, Shipping & Delivery Policy, Return Policy[MC1] and all other policies posted on the Site, all of which are incorporated herein by this reference. These incorporated policies also govern your visit to the Site. We reserve the right to make changes to the Site, any incorporated policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO ORDER THROUGH THE SITE
After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error inprice or where the product is no longer in our or our third party fulfillment provider's inventory.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelleddue to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
NOTICE TO SITE USERS ON COLLECTION OF TAX AND USER WAIVER OF DAMAGES OWING TO ERROR IN CALCULATION OF TAX
In states where we have no physical presence, we are not required to collect and remit sales tax for Site purchases. However, many states require that their residents filea salesor use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In somestateswe collect and remit sales tax. For purchases where sales tax isapplicableyou will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we mayovercollectorundercollectyour tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Slumber Cloud, its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we make every reasonable effort to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from Slumber Cloud are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
SPECIAL TERMS FOR OUR NON-U.S. CUSTOMERS
Slumber Cloud uses outside fulfillmentproviders,and assists us in getting products to our international customers.
Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers.
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 14 days.
If you access the Site from anywhere other than the United States or Canada, you agree that Delaware law will govern these Terms and Conditions and the purchase of products by you through the Site, and that any dispute of any sort that might arise between you and Slumbercloud.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the state of Washington.
TERMS AND CONDITIONS REVISIONS
We may change or add to this document, so we encourage you to review it periodically.
These Terms and Conditions were last updated and made effective on April 4, 2013. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.
SLUMBER CLOUD AFFILIATE TERMS AND CONDITIONS AGREEMENT
By signing up for Slumber Cloud Affiliate Program, each “Affiliate” agrees to the following terms and conditions for participation in the Slumber Cloud affiliate program. In this agreement, Slumber Cloud refers to the product owner and publisher, Global Web Horizons LLC.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the affiliate program, you must sign up as an affiliate and be approved. Affiliates will be notified of their acceptance status as soon as possible after their information is reviewed.
3. Affiliate URL
You will be issued a special URL once you become an approved member of the Slumber Cloud Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Affiliates will receive 8% of the revenue as a commission from orders placed through properly coded Affiliate links. Commissions may change at the discretion of the product publisher, Slumber Cloud.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
Slumber Cloud pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the affiliate to notify Slumber Cloud to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
6. Order Fulfillment
Slumber Cloud will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Slumber Cloud products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Slumber Cloud will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products through the Slumber Cloud Affiliate Program will be deemed to be customers of Slumber Cloud. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Slumber Cloud policies will always determine the price paid by the customer.
7. Qualifying Sites
Slumber Cloud reserves the right to refuse any site entry into the Slumber Cloud Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which: Promote sexually explicit materials, Promote violence, Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, Promote illegal activities, List coupon codes or discounts that were NOT officially provided to them by Slumber Cloud. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement, Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Global Web Horizons LLC, Slumber Cloud or any other site.
8. Permitted Usage
The following are permitted uses of the Slumber Cloud brand and marketing resources: Affiliates are permitted to use the graphical banners and design resources located in the Affiliate Program Banner Folder. If a specific size banner ad is not available, the affiliate may contact the Affiliate Program manager at firstname.lastname@example.org and request a new banner graphic be added to the available resources.
9. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account: Affiliates MAY NOT use the Slumber Cloud logo, logo marks or other Slumber Cloud website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Slumber Cloud/Global Web Horizons LLC. Affiliates MAY NOT use the term "Slumber Cloud" in ANY variation in their site URL ex. (slumbercloud.net, slumbercloudcouponcodes.com, slumber-cloud.com, wpslumbercloud.com, etc). Affiliates MAY NOT promote coupons that were not provided to them personally by Slumber Cloud. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement. Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
10. Slumber Cloud Anti-Spam Policy
Slumber Cloud strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following: Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription; Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after an investigation; Content posted on free blog websites for the sole purpose of keyword spamming or comments posted to legitimate blogs that violate the comment policy of the blog owner; Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system; Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Slumber Cloud, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the Slumber Cloud Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at email@example.com
11. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
12. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Slumber Cloud or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Slumber Cloud websites, and all Slumber Cloud trademarks and logos, other Slumber Cloud marks and all other materials provided in connection with this program.
13. Limitation of Liability
Slumber Cloud will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Slumber Cloud will not be liable for the consequences of any interruptions or errors.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Slumber Cloud Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.