Enrollment in the Bryxen, Inc. d/b/a Toonly (“TOONLY”) Affiliate Program is subject to the following terms and conditions:
TOONLY will pay commissions from the sale of Products as follows:
* Net revenues means the revenues left after subtracting expenses and refunds. These are determined by TOONLY, at TOONLY’s sole discretion, and are deducted from affiliate payment amounts.
Commissions will be tracked via dedicated unique links provided by TOONLY. Each affiliate is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will be paid for revenue received net of refunds. Commissions will be paid within 30 days of the completion of any promoted launch – completion including the end of the 30 day money-back return guarantee as well as the completion of any payment plans (where applicable).
All payment processing shall be performed by TOONLY.
The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of TOONLY.
This agreement sets forth all of the terms of TOONLY’s Affiliate program.
The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of TOONLY’s programs.
This Agreement shall be construed in accordance with the laws of the state of Ohio. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in Columbus, Ohio in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
6724 Perimeter Loop Road #257
Dublin OH 43017