Content Ownership
All content, including images, trademarks, service marks, product names, company names and logos, appearing on the www.SameDayMusic.com Web site and product datafeed, other than the Licensed Materials owned by SameDayMusic, are the property of their respective owners. Any use of such content is subject to restrictions determined by the vendor. If you use any vendors' content you agree to indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees and expert witness fees) in connection with your use of a Vendors' content.
Data Feed Pricing Policy
If you choose to omit SameDayMusic's prices on your site, the feed should be used to update your site at least monthly. Our customers want to see accurate information. If you show a product on your site that we no longer offer, this creates confusion and takes users away from products where you could be earning a referral fee. If your site displays SameDayMusic's prices, your website must be fully automated and do a daily update from the feed. If customers see one price on your site and then come to ours and see a different price, they will understandably believe that this is a bait-and-switch situation. They won’t buy and you will not profit. If we show that your site is repeatedly not posting updates in a timely manner, we will send you a notice that you need to resume your updates or remove the product links from your site. If you ignore the notice(s), we may suspend or terminate your affiliate account.
PPC Bidding on Trademarked Brand Terms Policy
SameDayMusic does not allowed trademark-related paid search on keywords related to our domain or derivatives thereof. Please contact the SameDayMusic affiliate manager for PPC advertising policies.
Special Requirements for SameDayMusic Affiliates Residing in New York State.
If you are an affiliate residing in the state of New York, the only permissible promotional activity you may engage in on behalf of SameDayMusic.com is placing a link (or links) on your Web site(s) to the SameDayMusic.com Web site. Affiliates residing in New York State are prohibited from engaging in any other solicitation activities in the state of New York that refer customers to SameDayMusic.com including, but not limited to: distributing flyers, verbal solicitation (e.g., in-person referrals); initiating telephone calls; and sending e-mails. In addition, if you represent an organization such as a club or a non-profit group, you must provide information on your Web site alerting your members to the prohibition against each of these solicitation activities.
Your acceptance of this Agreement indicates that you have not engaged in any prohibited solicitation activities in New York State, as described above, at any time during the past year. If you represent an organization, your acceptance of this Agreement also certifies that your Web site includes information directed at your members, alerting them to the prohibition against the solicitation activities described above. Note that this Agreement and any additional information you submit with it is subject to verification and audit by the New York State Tax Department.
Engaging in any of the prohibited solicitation activities described above as a resident of New York State may result in the termination this Agreement.
IF YOU ARE REPRESENTING AN ORGANIZATION, YOU MUST HAVE THE AUTHORITY TO EXECUTE BINDING CONTRACTS ON BEHALF OF YOUR ORGANIZATION. AS THE AUTHORIZED REPRESENTATIVE OF YOUR ORGANIZATION SIGNING THIS AGREEMENT, YOU MUST PROVIDE YOUR OWN NAME AND ADDRESS IN ADDITION TO THE NAME AND ADDRESS OF YOUR ORGANIZATION.
