Affiliate Terms and Conditions

As an authorized affiliate (Affiliate) of Zoological Society of New Jersey, Inc (ZSNJ), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting ZSNJ as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to ZSNJ by your own website or personal referrals.

By signing up for the ZSNJ Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

Commissions will be paid on a quarterly basis. 5% of gross affiliate sales over the preceding quarter will be contributed from ZSNJ to the referring Affiliate. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

3. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. ZSNJ reserves the right to require license agreements from those who employ trademarks of ZSNJ in order to protect our intellectual property rights.
• Fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, ZSNJ reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

4. Affiliate Links

ZSNJ will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by ZSNJ. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

6. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.

The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.

7. Indemnification

Affiliate shall indemnify and hold harmless ZSNJ and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by ZSNJ to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

8. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Essex County, New Jersey.

In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

9. Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the ZSNJ affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the ZSNJ application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.