Terms and Conditions Agreement

Last updated 04/17/07

This TERMS AND CONDITIONS AGREEMENT sets forth the agreement between Maritime Lobster Express and each Affiliate marketer.

Please read this agreement carefully before joining the Maritime Lobster Express Affiliate program. By joining the Maritime Lobster Express Affiliate program, you signify your assent to this Terms and Conditions Agreement. 

   1.     Term 

The term of this agreement  will begin upon our approval of your Affiliate application and will end when terminated  by either party. 

   2.      Modification

   3.     Eligibility Requirements

Participants in The Maritime Lobster Express Affiliate Program must meet at least one of the following criteria.

• the website promotes and/or sells gourmet foods 

• the website promotes and/or sells culinary products or services

• the website promotes the Canadian Atlantic Provinces

• the website sells competitive products such as lobster and seafood but does not offer a Canadian shipping option.

   4.     Approval Process

Maritime Lobster Express will evaluate Affiliate's Program Application and will notify Affiliate of Affiliate's acceptance or rejection in a timely manner. Only Affiliate websites that have been found to be credible, reputable and relevant will be selected to join.  Maritime Lobster Express has the right to refuse any Affiliate application that it deems a risk to the security and integrity of the program. Acceptance into the program will be at the sole discretion of Maritime Lobster Express. 

   5.     Revocation of Affiliate Status

In order to maintain our integrity and recognizable brand name in the marketplace, an Affiliate's status in the program may be suspended and/or terminated for any of the following reasons:

• Failing to meet the eligibility requirements

• Inactivity for a 24 month period

• Inappropriate advertisements (false claims, misleading hyperlinks, etc)

• Spamming (see below for additional details)

• Operating or utilizing a website or email link to websites that contain or promote any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking, or that offer any illegal good or service, or link to a website that does.

• Violation of intellectual property rights

• Programming or Scripting that automates or propagates links (clink thru's or popup windows).

Upon sending an e-mail notification to the last Affiliate e-mail address in the Affiliates account profile, Maritime Lobster Express may immediately terminate this Agreement, in whole or in part, if Affiliate breaches this Agreement or if Maritime Lobster Express determines, in Maritime Lobster Express’s sole discretion, that Affiliate’s participation in the Program and/or Affiliate’s related actions or activities are unsuitable, offensive or inappropriate. In addition, Maritime Lobster Express may immediately disable or deactivate Affiliate’s account and withhold payment of associated commissions pending resolution of any claim of breach of this Agreement.

   6.     Spam Policy

Maritime Lobster Express does not tolerate spam (unsolicited bulk e-mail) in any form and will immediately remove anyone from our program without being paid accumulated commissions upon notification.

   7.     Referral Fee

Affiliates will receive 10% referral fee of the subtotal  (excludes delivery & taxes) of all sales that result from traffic generated through the link on the affiliate's site. Referral fees will also be paid for all phone orders received as a result of the Affiliate's referral. Referral fees may differ for each affiliate depending on volume and positioning and are subject to change. 

Refunds, credit card chargebacks, or any other revenue loss items associated with an affiliates account will be deducted from the accumulated account balance when the charge is incurred. These deductions will be noted in Affilifate's  account payment details.

   8.     Payments

Payments to Affiliates will be made within 15 days of the end of the month following the sale. A payment threshold of $50 is applicable. Fees less than the threshold will be accumulated and paid when the threshold is reached. Payments are made in CDN funds to Paypal accounts. In lieu of payment, fees can be applied to orders placed with Maritime Lobster Express Inc upon request. 

   9.     Affiliate Tracking

Maritime Lobster Express shall assign Affiliate a unique tracking number/code for the purposes of tracking and processing of referral fees. The Affiliate will have access to online real-time account information including accumulated fees and payment history.

Affiliate Links: When a web surfer clicks through the Affiliate's link, a cookie is set in their browser that contains the affiliate's tracking number. When an order is placed during this browser session, the affiliate is credited with the referral fees. Customers must have cookies enabled in order for the tracking to occur.

Affiliate Phone Referrals: When a phone order is placed as a result of the affiliate's referral, the affiliate is credited with the referral fees. The customer must inform Maritime Lobster Express of the Affiliate's tracking number or business name at time of order. Subsequent orders placed by the same customer within 6 months of the initial order will be credited to the affiliate.  

  10.     Affiliate Links

The Affiliate may use graphic and text links both on their website and in emails. The site may also be advertised "offlilne" in classified ads, magazines, and newspapers. The affiliate is free to choose from our options  the advertising banners that best compliment their marketing strategies. The affiliate may create their own graphic and text as long as they are approved by Maritime Lobster Express. Affiliate websites will be monitored by Maritime Lobster Express to ensure they comply with our link criteria. Links used that do not meet the above criteria will not earn referral fees. Violations of the link criteria will terminate the agreement. All links must be removed from the Affiliate's site immediately upon termination of Affiliate status.

  11.     Trademarks and Copyrights

All website design, text, graphics, and other content, and the selection and arrangement thereof, are the property of Maritime Lobster Express and are protected by Canadian and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of promoting the Maritime Lobster Express Affiliate Program or using this website as a shopping vehicle. Any other use of materials on this site, including without limitation, reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Maritime Lobster Express is strictly prohibited.

  12.     Limitation of Liability

Maritime Lobster Express will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. Maritime Lobster Express does not make any expressed or implied warranties with respect to the Affiliate program and/or products sold at this site. Maritime Lobster Express makes no claim that the operation of the Affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.

Affiliate further agrees and warrants that it will comply with all local, state/provincial and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.

Affiliate shall indemnify and hold Maritime Lobster Express harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of Affiliate. Under no circumstances will Maritime Lobster Express be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, Maritime Lobster Express aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to Affiliate under this agreement.

Maritime Lobster Express will own all right, title and interest in and to all information that is created or collected in the operation of the Maritime Lobster Express Affiliate Program.

  13.     Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Affiliate hereby expressly consents to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to this Agreement. Notwithstanding the foregoing, any disputes arising from this Agreement shall be resolved by arbitration under the Commercial Arbitration Act (Ontario) by a single arbitrator in Toronto, Ontario, Canada in the English language.  

  14.     Miscellaneous

The Affiliate Program does not constitute a business partnership. The Affiliate and Maritime Lobster Express are not partners or joined in business and maintain separate legal entities

This is a binding and enforceable agreement between affiliate and Maritime Lobster Express. By clicking on the "send" button on the online application, Affiliate agrees that Affiliate is affirmatively stating that Affiliate has carefully read and understands the terms set forth in this agreement and Affiliate agrees to be bound by the Terms and Conditions of this Agreement.