The following terms and conditions shall govern your participation in the mediadirectcurriculum.com Affiliate Program. This Agreement is entered into between you, the Affiliate (known as "you"), and Media Direct Curriculum (terms used: "we" "us" "our" and "ours".  Media Direct Curriculum operates an ecommerce site on the World Wide Web at www.mediadirectcurriculum.com. This agreement is for the one site only.

 By clicking "I AGREE" below it is understood that you agree to be bound by all of the terms and conditions contained in this Affiliate Program Agreement ("Agreement"). This Agreement supersedes any and all prior agreements whether oral or written by and between you and us with respect to any and all our Affiliate Program(s).

a.  We will provide you with an affiliate ID number, password, graphics and instructions on how to link your site to mediadirectcurriculum.com.

b.  You will place mediadirectcurriculum.com graphics on your website and create links to our site so you can offer our products for sale to visitors to your website. You may create as many or as few links as you desire. We encourage you (but not required) to include a link to the mediadirectcurriculum.com home page. You will be responsible for the placement of the graphics and the appearance of your web site, and you will be responsible for maintenance of the graphics and links.

c.  Media Direct Curriculum does not provide computer software, hardware assistance, or guidance when affiliates are establishing their websites.

d.  All links that you, wish to receive credit for must be created from our Affiliate Sign-up page. Copy and paste the html, exactly as it has been generated, and don't attempt to modify it in anyway. If links are not created through our sign-up page, mediadirectcurriculum.com will not be able to track orders generated from your site.  Media Direct Curriculum will not be responsible for any sales that may be lost.

a.  We have the right and responsibility to process product orders placed by customers ("customers") who access mediadirectcurriculum.com via the links(s) in the session(s) commenced with their arrival at mediadirectcurriculum.com ("orders"), including, but not limited to, handling customer payments, packing and shipping customer orders, and customer service.

b.  Orders will be governed by our then-applicable terms and conditions of sale, and all agreements relating to such terms and conditions will be by and between the customer and us. Those terms and conditions may be changed at any time for any reason, without notice to affiliates. Selling prices for the products will be set by us at our sole discretion, and may be changed at any time. We may refuse an order for any reason or for no reason at all.

c.  If for any reason an order has to be canceled, for example, due to an out of print book or a book no longer available, however it is still listed on our site, the cancellation carries on to the affiliate commision.

3. AFFILIATE COMMISSION

a.  As payment for posting an affiliate link on your web site, you will receive a 5%commission.  This commission may be changed (see SECTION 12 MODIFICATION).

 - The commission earned is based on the Net Selling Price of the item(s) shipped on an Order received from your URL and shipped by us.

 - The Net Selling Price is the unit price paid for the Order(s) by the Customer not including and less any charges or costs for shipping, handling, returns, gift-wrapping, taxes, service charges, or other charges incurred by the Customer.

If the customer returns an item for which you were paid a commission, your future commission dollars will be reduced based on the commission credited or paid for the returned item(s).

 - Payments will be made following each calendar quarter, for all commissions equal to or more than $30.00.

In the event fees are less than $30.00, your payment may be carried forward to the next quarterly pay period until such time as the payments are $30.00 or more.

Media Direct Curriculum reserves the right to review the activity of the affiliate at any given time.  If activity falls to a minimum standard over a one year period, we have the right to terminate the affiliate agreement with 30 days notice. A check for any remaining commissions earned at that point will be forwarded to the affiliate.

In order to comply with certain IRS regulations, you will be asked to provide us with your social security number or taxpayer identification number and address.

a.  All materials, including but not limited to, reviews, articles, ad banners, photographs, images, illustrations, music, sounds, images, databases and software, appearing on mediadirectcurriculum.com ("content") are protected by patent, copyright, trademarks and unfair competition law pursuant to U.S. (federal and state) and/or foreign patent, copyright, trademark and unfair competition laws and/or international treaties or conventions.

b.  Except as set forth in this section (Section 4), you may not use, transmit, distribute, sell, reproduce or otherwise copy any of the Content without express written authorization from the copyright and/or trademark owner of such materials.

c.  By this Agreement we grant you a non-exclusive, revocable right to use the graphics displayed on mediadirectcurriculum.com, solely for the use of providing Links. You may not distribute, modify or create derivative works from those graphics in any way and you may not sublicense, assign or transfer your license, and any attempt at such sublicense, assignment or transfer is void and considered a breach of this Agreement.  No transfer whatsoever is acceptable.

d.  We reserve all right, title and interest in our web sites and all content therein, including without limitation, all intellectual property rights. Except as expressly set forth in this Section 4, we do not grant you, your employees, agents or assigns, any right or license in or to our web sites, content or trademarks or service marks.

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We expressly disclaim any and all liability for these matters. Furthermore, you hereby agree to indemnify and hold us harmless from all claims, damages and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance and content of your site.  Media Direct Curriculum prohibits links to sites with adult content, questionable content, and content that is derogatory in any nature.  Media Direct Curriculum will have sole discretion when it comes to prohibiting links on websites.

We reserve the right to disclose information about sales and usage generated by our Affiliate Program in forms that do not reveal your personal identity.

a.  You represent and warrant that any material which is provided by you and displayed on your web site will not: (i) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

b.  You represent and warrant that you have used your true legal name in registering for the our Affiliate Program; that you have the power and authority to enter into this Agreement and perform the obligations set forth herein and that, if you are a natural person, you are an adult of at least eighteen (18) years of age.

c.  You shall indemnify and hold mediadirectcurriculum.com harmless and its parent companies, subsidiaries and Affiliates, and its respective directors, officers, employees, agents, shareholders and partners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to any obligation undertaken or representation or warranty made by you, your employees, agents or assigns; or any breach by you, your employees, agents or assigns of any covenant or agreement made herein; or any content, trademark, copyright or intellectual property used, created or distributed by you, your employees, agents or assigns.

THE MEDIADIRECTCURRICULUM.COM AFFILIATE PROGRAM AND mediadirectcurriculum.com ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE MEDIADIRECTCURRICULUM.COM AFFILIATE PROGRAM OR mediadirectcurriculum.com WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. By executing this Agreement you acknowledge and expressly agree to and accept this Disclaimer of Warranty.

EXCEPT FOR COMMISSIONS DUE AND OWING TO YOU, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR INDEMNITY, ARISING OUT OF THE USE OF OR INABILITY TO USE OR LINK mediadirectcurriculum.com, LOSS OF PROFITS, REVENUE OR DATA, EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY PART OF THIS SECTION 9 SHALL BE HELD UNENFORCEABLE OR INVALID UNDER THE LAWS OF AN APPLICABLE JURISDICTION, THE REMAINING PARTS HEREOF SHALL NEVERTHELESS CONTINUE TO BE VALID AND ENFORCEABLE AS THOUGH THE OFFENDING PORTIONS HAD NOT BEEN A PART HEREOF. IN ADDITION, IF THE LIMITATIONS ON WARRANTY OR LIABILITY THEREUNDER ARE HELD TO BE UNENFORCEABLE UNDER THE LAWS OF AN APPLICABLE JURISDICTION, SUCH LIMITATION SHALL, FOR PURPOSES OF THIS SECTION 9, BE REDUCED SUCH THAT OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE CLAIMANT TO US WITHIN SIX (6) MONTHS PRECEDING THE DATE ON WHICH ANY CLAIM IS ORIGINALLY MADE, OR SHALL BE REDUCED TO THE EXTENT NECESSARY TO RENDER THEM ENFORCEABLE.

a.  You may terminate this Agreement at any time by sending notice to us via e-mail to affiliatedept@mediadirectcurriculum.com. You will be credited with all commissions earned through the date of termination.

b.  We may, in our sole discretion, terminate this Agreement at any time for any reason(s), whatsoever, or for no reason at all, including, without limitation, your breach of this Agreement.

c.  As mentioned in Section 3, if an affiliate has not earned at least $30 in affiliate commissions during the previous year, then this account may be considered an inactive affiliate account and will be closed. A check for any remaining commissions earned at that point will be forwarded to the affiliate.

a.  Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between you and us. Neither party, by virtue of this Agreement, is authorized as, or shall be deemed, an agent, employee or representative of the other. Neither party shall have the power to control the activities and operations of the other and neither party shall act on behalf of the other party. Neither party shall represent to any others that it is an agent or representative of the other party.

b.  You will not make any statement, whether on your web site or otherwise, that would contradict anything in this Section.

We may modify this Agreement, at any time and at our sole discretion, by posting a change notice or new agreement on mediadirectcurriculum.com (or any successor web site). Modifications may include, but are not limited to, changes in the scope of available services, commissions, commission schedules, payment procedures and methods of linking to mediadirectcurriculum.com. 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.

We reserve the right, in our sole discretion, to discontinue operation of mediadirectcurriculum.com at any time without notice to you and to redesign or modify the organization, structure, "look and feel," navigation, content and any other elements of our website.

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

All notices to you will be sent to the e-mail address provided by you when you register for our Affiliate Program. All notices to us will be sent to affiliatedept@mediadirectcurriculum.com.

16. GOVERNING LAW

This Agreement will be governed and construed pursuant to the laws of the State of Washington applicable to contracts entered into and performed entirely within the State of Washington, without regard to its conflict of law provisions. In the event of any dispute regarding the our Affiliate Program or any matter related to this Agreement, you agree that litigation shall be in the state or federal courts of Seattle, Washington. Any process, in any action or proceeding arising under or relating to this Agreement, may, among other applicable methods, be served by delivering or mailing the same by registered or certified mail return receipt requested, directed to us at:

This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior contemporaneous agreements, oral or in writing.

If you agree to the above terms and conditions, click "I Agree" to submit your request.