THIS CHALLENGE OR OFFER AND YOUR PARTICIPATION IN THE CHALLENGE OR OFFER ARE VOID WHERE PROHIBITED BY LAW.
2. The following terms apply if the Challenge or offer includes the opportunity for You to earn a commission:
a. Only products that are (i) sold by BBB, (ii) purchased by customers through a BBB approved graphical or textual internet hyper-link (“Link”) to the BBB website which You display, (iii) shipped and/or supplied by BBB (except orders placed for pickup in a store), and (iv) fully paid for will qualify for a commission (each, a “Qualifying Purchase”). BBB does not pay any commission on gift wrapping. Commission rates will be based on the amount actually paid to BBB for Net Sales of Qualifying Purchases. “Net Sales” means the total dollars paid to BBB for qualifying merchandise, minus any tax, shipping, handling, and similar charges and amounts due to credit card fraud and bad debt.
b. Indi shall be responsible for paying You the commissions You earn for valid transactions. You acknowledge and agree that BBB shall not be responsible for any payments to You, and You waive any right to bring an action against BBB to obtain a commission.
c. Other than the payment of the commission, You shall have no claims to any additional compensation, commissions, or business derived by or through Indi or a BBB Web site.
d. Indi and BBB are not responsible for missing or lost revenue/sales if You alter a Link.
e. You agree to maintain the confidentiality of all information regarding the commission you receive pursuant to these Forum Terms.
4. BBB makes no express or implied warranties or representations with respect to the Challenge, any offer hereunder, or any BBB products sold pursuant to these Forum Terms (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON–INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE).
5. You give Indi and BBB permission to use Your videos, photos, social media posts and all deliverables provided pursuant to these Forum Terms during and after the term of these Forum Terms as follows: Indi and BBB may reproduce, display, distribute, and otherwise use Your video, photos, social media posts and deliverables (including Your image, name, and likeness and any intellectual property rights contained therein) in connection with the websites www.bedbathandbeyond.com, www.buybuybaby.com, and blog.bedbathandbeyond.com, and for other advertising and marketing purposes, including without limitation in social media, email, digital, other websites not specifically referenced herein, and any other advertising and marketing. BBB and/or Indi will provide credit to You by tagging You.
6. BBB grants You a non–exclusive, non–transferable, revocable right to (i) access the BBB Web site through the Links solely in accordance with these Forum Terms, and (ii) solely in connection with such Links, to use the BBB trademark and logo and similar identifying material relating to BBB (but only in the form(s) provided by BBB) (collectively, the “Licensed Materials”), for the sole purpose of promoting BBB products. You may not alter, modify, or change the Licensed Materials in any way. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays BBB in a negative light.
7. YOU AGREE THAT INDI.COM AND BBB, AND THEIR RESPECTIVE COMPANIES, AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR AGENTS, DIRECTORS, OFFICERS, REPRESENTATIVES, SHAREHOLDERS AND EMPLOYEES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, DEATH, LOSSES, OR DAMAGES OF ANY KIND IN CONNECTION WITH THESE FORUM TERMS OR RESULTING FROM YOUR PARTICIPATION IN THE CHALLENGE, OR ANY OFFER HEREUNDER.
8. Your participation in the Challenge or any offer hereunder does not constitute an employment, broker or agency relationship between You and Indi or You and BBB nor does it create any partnership, joint venture, franchise, or sales representative relationship between any of the parties.
9. You agree to remove a Link to a BBB Web site immediately upon BBB’s request.
10. You may not conduct any search engine marketing, including but not limited to paid search campaigns, that use BBB trademarks.