Welcome to Beehopr (the Website). Beehopr LLC is an informational website owned and operated at PO Box 1859, New York, NY, 10010.
WEBSITE ACCESS AND USE
CONDITIONS FOR LINKING TO WEBSITE
In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website. Anyone under the age of eighteen is not permitted to use this Website or download and/or copy any of the Website’s content.
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your Membership.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You are not authorized to distribute any User Content on the Website that violates any federal, state or local law. You are further expressly prohibited from displaying or exchanging any pornographic materials, sexual solicitations or invitations for sexual favors and any content that involves gambling or the solicitation of gambling.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third parties right without the express written permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You agree to indemnify, defend and hold harmless Beehopr LLC against any and all claims from third parties which claim that you have in any way acted inappropriately or without those third parties’ express written consent to use any of their content.
You represent, warrant, and covenant that you will not submit any User Content that:
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole, absolute and exclusive discretion. You have no right to maintain or access your User Content after you have placed it on the Website and we have no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Beehopr , P.O. Box 1859, New York, NY 10010 and firstname.lastname@example.org.
WEBSITE CONTENT & THIRD PARTY LINKS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BEEHOPR LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
LIMITATION ON LIABILITY
CHOICE OF LAW
AMENDMENT; ADDITIONAL TERMS
California Privacy Rights
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per the calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at Beehopr, LLC, P.O. Box 1859, New York, NY, 10010 and email@example.com.
Third Party Ad Server Networks
Keeping Your Information Secure
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice of a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
Other Sites; Links
Our Website may link to or contain links to other third-party Websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all third-party Websites before submitting any personally identifiable information.
Contact and Opt-Out Information
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Beehopr, LLC’s Affiliate Program (the Program) which is administered by Beehopr, LLC. As used in this Agreement, we mean the Company, and you or Affiliate means the Applicant. Site means a World Wide Web site and, depending on the context refers either to the site of Beehopr, LLC or to the site(s) or e-mail messages that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Beehopr, LLC’s application to participate in the program via our site, and will receive immediate conditional acceptance and a unique Agent Code/URL. We will then evaluate your application in good faith and will notify you if there is the need for rejection. We may reject your application at any time if we determine (at our sole discretion) that your site is unsuitable for the program for any reason, including, but not limited to, if your site includes images or content that promotes sexually obscene materials, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights and/or copyrights or trademarks.
If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application and your site is later determined (at our sole discretion) to be unsuitable for the program based on, but not limited to the same criteria listed above, we may terminate this Agreement.
2. Links on Your Web Site or E-mail Messages
Upon acceptance of your affiliate application, we will provide you with guidelines and graphical artwork, including banner advertisements, button links to our site and/or a text link to our site to use in linking to our site, which will include the logo of Beehopr, LLC and words identifying Beehopr, LLC. Each of these graphic and text links will herein be referred to as Links or individually as a Link and are subject to the terms and conditions of this Agreement. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. A Link may only be modified with our consent and will in no way alter the look, feel, or functionality of our site. We have the right to monitor your site at any time to determine if you are in compliance with the terms of this Agreement. In addition, spamming or other improper use of Links to our site in your e-mail messages to sell our memberships is not acceptable and may result in termination of this Agreement.
3. Order Processing
We will process all membership orders placed by customers who follow the Links from your site to the Beehopr, LLC site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish (such as, but not limited to, false names and/or addresses, prank orders, etc.). We will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, processing payments, cancellations, and customer service requests. We will track sales made to customers who purchase a membership using Links from your site to our site and will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted with your unique Agent Code/URL.
We will pay you the Affiliate Agent Commission Rate (defined in 4-C) on all Qualifying membership subscription sales (defined in 4-A).
A. Qualifying membership subscription for the Affiliate Agent Commission Rate:
For a membership subscription sale to generate a commission at the Affiliate Agent Commission Rate, the customer must follow an Affiliate Link, provided by Beehopr, LLC, from your site to the Beehopr.com site; purchase a membership via our site; and remit full payment to us.
C. Affiliate Agent Commission Rate: You will earn the Affiliate Agent Commission Rate based on the sale price of qualifying membership subscription, at the commission rate establishedBeehopr, LLC. Sale price means the sale price listed on our Beehopr.com site. The Affiliate Agent Commission Rate is 10% on all paid Qualifying Membership Subscription Sales for affiliates maintaining Beehopr, LLC as the Exclusive Business Networking Link on their web site.
5. Commission Payment
Beehopr, LLC will pay you commissions on a monthly basis. Approximately fifteen  days following the end of each month, we will remit to you a check, wire, EFT, or other forms of payment for the commissions earned on qualifying membership subscriptions that were purchased during the preceding month (less any taxes that we are required by law to withhold). However, if the commissions payable to you for any calendar month are less than fifteen dollars, we reserve the right to hold those fees until the total amount due is at least fifteen dollars or (if earlier) until this Agreement is terminated. If a qualifying membership subscription that generated a commission is canceled by the customer, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, Beehopr, LLC will send you a bill for the canceled commission amount and you will reimburse Beehopr, LLC promptly for that amount.
6. Policies and Pricing
Customers who buy a membership subscription through this program will be deemed to be customers ofBeehopr, LLC. Accordingly, all Beehopr, LLC’s rules, policies, and operating procedures concerning customer orders, customer service, and membership subscription sales will apply to those customers. We may change our policies and operating procedures at any time and without notice. We will determine the prices to be charged for membership subscriptions sold under this Program in accordance with our own pricing policies. Membership subscription prices and availability may vary from time to time. Because price changes may affect membership subscriptions that you already have listed on your site, you may not include price information in your membership subscription descriptions without our prior authorization. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular membership subscription.
7. Non-Exclusive Limited License
All images, trademarks, service marks, product names, company names, or logos appearing on the Beehopr, LLC web site, other than the Licensed Materials owned by Beehopr, LLC are the property of their respective owners. Any use of such images, trademarks, service marks, product names, company names, or logos, including the reproduction, modification, distribution, or republication of same, without the prior written permission of the owner of same, is strictly prohibited.
We grant you a non-exclusive, non-transferable, revocable right to use the approved Beehopr, LLC images and graphics, solely for the purpose of selling membership subscriptions on your site for Beehopr, LLC in accordance with our affiliate program. Pursuant to this license, you may not reproduce, modify, distribute, or republish any of the approved images and graphics, except as permitted pursuant to this affiliate operating agreement. The license shall terminate upon the effective date of the expiration or termination of this Agreement.
8. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site, including, but not limited to, the technical operation of your site and all related equipment, creating and maintaining links to Beehopr, LLC on your site, and the accuracy and appropriateness of materials posted on your site (including, among other things, all membership subscription-related materials), ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
9. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales of qualifying membership subscriptions occurring during the term of this agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time, without prior notice and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, payment schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
11. Relationship of Parties
You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
12. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, 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 you under this Agreement.
We make no express or implied warranties or representations with respect to the program or any membership subscriptions sold through the program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the State of New York, without reference to rules governing choice of laws. 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