To register as an Affiliate, You must be at least 18 (eighteen) years of age, and be legally eligible to enter such an Agreement.
As part of the registration process, the Affiliate will select a username and password combination to access his account. The Affiliate shall be responsible for maintaining the confidentiality of his username and password and is responsible for all usage and activity on the Affiliate’s Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for account termination and referral to the appropriate law enforcement agencies.
Either party may terminate this Agreement at any time, with or without cause and without notice.
The Company respects the privacy of its users and Affiliates and will not disclose personal information to third parties without express written permission.
As an Affiliate, you may place and remove links, banners, and other marketing materials on your site, as you see fit and within non-spam emails.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Marketing Material of the Company, including but not limited to links, ads and/or banners must be placed in such a way that it is not misleading to any Visitor and with the intention of delivering valid sales, leads, or clicks to the Company’s site.
The Affiliate may not promote, distribute, place or otherwise publish any content of the Company on any site which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law.
The Affiliate shall not modify, adapt, enhance, extend, decompile, or disassemble any Marketing Materials provided by the Company, without the express written permission of the Company. The Affiliate shall not make any representation or warranty whatsoever on behalf of the Company concerning the quality, performance or other characteristics of the Company or any of its products other than those which are consistent in all respects with the description of the products provided on the Company’s site.
The Affiliate represents that any content he provides to the Company is owned solely by the Affiliate; does not infringe upon any other individual's or organization's rights; and is not defamatory, libelous, unlawful or otherwise objectionable.
OWNERSHIP AND LICENSES
The Affiliate is granted a non-exclusive, limited, revocable right to use the Company’s provided Marketing Materials, including, but not limited to trademarks, link ads, and banners. All images, technology and content provided for the Affiliate’s use shall remain the sole property of the Company. No part thereof shall be deemed assigned or licensed to the Affiliate except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Company’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided in any way, without express written permission by the Company.
The Affiliate may use the trademarks, trade names, service marks and logos that relate to the Company (the "Marks") solely in connection with this Agreement provided that the Affiliate clearly identifies the Company’s ownership of such Marks. The Marks remain the exclusive property of the Company and the Affiliate will not register the Marks or take any action that jeopardizes the Company’s proprietary rights in the Marks. The Affiliate agrees to cooperate with the Company’s instructions and quality control procedures relating to the Marks and shall only use the Marks in unaltered form. The Company reserves the right to require the Affiliate to discontinue use of any advertising or marketing materials relating to the Company, the Marks or the Products.
The Company shall issue payment to the Affiliate for sales generated from a customer who has clicked into the Company’s site from the link on the Affiliate’s site.
Payment will be issued when an Affiliate’s balance reaches $50, at which time the Affiliate’s total balance shall be paid according to the Payment Schedule of the Company.
To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to (A) that the service will be uninterrupted or error-free; (B) that defects will be corrected; (C) that there are no viruses or other harmful components. The Company will make reasonable commercial efforts to keep its service virus-free and operational.
LIMITATION OF LIABILITY
The Company shall have no liability for unauthorized access to, or alteration, theft, or destruction of any website of an Affiliate, or affiliate customer data files or systems through accident or fraudulent means or devices.
The Company shall not be held liable for any (A) Indirect, special, incidental, or consequential damages of any character arising out of the use of or inability to use the Company’s service or any information provided by the company; (B) Any claim attributable to errors, omissions, or other inaccuracies in the Company.
The Affiliate agrees that the Company has no responsibility or liability as a result of the placement of the Company’s links on the Affiliate’s site, and agrees to indemnify and hold harmless the Company from and against any and all liability, claims, losses, damages, injuries or expenses directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
The Company acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of the Affiliate’s Company and site. The Company agrees not to disclose or disseminate any Confidential Information without the Affiliate’s prior express written consent.
The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of the Company. The Company does not collect information about an Affiliate’s customer transactions, other than what is passed to it through the installed tracking code and displayed on the Affiliate’s own transaction reports. Any information the Company receives is used solely for tracking and Commission payment purposes.
Each provision of this Agreement is severable from the entire Agreement, and in the event that any provision is declared invalid or unenforceable, that provision shall be amended if possible to be enforceable, but in any event, the remaining provisions hereof shall remain in effect.
MODIFICATION OF AGREEMENT
The Company reserves the right to change, modify, add, or remove portions of this Agreement at any time. In the event of any material change, the Company will notify the Affiliate at least 7 days prior to the change taking effect, at which time the Affiliate may either agree to the change or withdraw from the Agreement.