1. The Program is expressly a business-to-business relationship and both Company and Affiliate enter into it in a business capacity and not as a customer.
2. By completing the accepting the Affiliate Application the Affiliate accepts, and agrees to abide by, all the terms and conditions of the Agreement.
3. This Agreement shall be binding on the Affiliate once the Affiliate Application has been submitted but shall not binding or enter into effect in relation to the Company until the Company approves the Affiliate Application.
4. The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (email) whether the Application is accepted or declined. The Company reserves the right to refuse any registration in its sole and absolute discretion.
5. This program is intended for professional website publishers.
1. The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until the Company or Affiliate notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either the Company or Affiliate. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
2. Upon termination Affiliate must remove all of the banners/materials and disable all links from the website/s. All right and licenses given in this Agreement shall immediately terminate. Affiliate will return to the Company any confidential information, and all copies of it in possession, custody and control and will cease all use of the Company related marks.
3. The Company may terminate this Agreement (in the Company sole discretion) if the Affiliate site is found unsuitable, remaining balance will be forfeited upon closure. Without limitation, unsuitable sites include:(1) Aimed at children, display pornography or other illegal sexual acts; (2)Promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3)Promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice
4. Fraudulent and Dormant affiliate account (6 months inactivity) is deemed to close, remaining balance will be forfeited upon closure.
5. During the term of this Agreement, Affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of the Affiliate Program (including, commission fee you have earned under the program). Affiliate agrees not to disclose or use the confidential information to third persons or outside parties unless prior written consent from the Company. Affiliate obligations with respect to confidential information shall survive the termination of this Agreement.
6. Afiliate will only be entitled to such Commission that is earned but unpaid as of the effective termination date of this Agreement; however provided that the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The affiliate will not be eligible to earn or receive commissions after the effective termination date.
7. If the Affiliate is terminated by the Company due to the Affiliate’s breach of any terms and conditions of this Agreement, the Company shall be entitled to withhold the Affiliate’s earned but unpaid Commissions as of the termination date as collateral for any claim arising from such breach.
8. The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach in relation to Confidential Information even if the breach arises at a time following the termination of this Agreement.
1. The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links. Affiliate may display the Links as often and in as many areas of their website/s as they desire
2. The Company shall administrate the turnover generated via the Links, record the net revenues and the total amount of commission earned via the Links, provide the Affiliate with commission statistics, and handle all customer services related to the business of the Company. A unique tracking identification code will be assigned to all referred customers. The Company shall make available to the Affiliate tools allowing the Affiliate to monitor the Commission and the payments of the said Commission into the Affiliate account using an online monitoring system at a secure website.
3. The Company shall pay the Affiliate its compensation depending on the net revenue and traffic generated subject to the terms and conditions of this Agreement.
4. The company reserves the right to refuse Affiliate member to register or close their accounts if necessary in its direction or in accordance of the Company website/s’ terms and conditions. By opening an account with the Company website/s, each Affiliate member agrees that all of such applicable rules, polices and operating produces will apply to them.
1. The Affiliate maintains and operates the Affiliate website/s.
2. The Affiliate shall use its best efforts to actively and effectively advertise, market, and promote the Company website/s as widely and aggressively as possible in order to maximize the benefit to the Company and Affiliate, and that will abide with the guidelines of the Company as may be amended from time to time.
3. It is the responsibility of the Affiliate to ensure that the correct tracking is utilized on its website. The Company is not responsible for Commission Fees generated from Affiliate members with incorrect or incomplete tracking information.
4. Any affiliates found to be spamming, will receive one warning only to cease these activities. Should the same affiliate be found to repeat the spamming, there will be immediate termination of agreement. Affiliate shall not make any claims or representations, or give any warranties in connection with the Company and Affiliate shall have no authority to and shall not bind the Company to any obligations.
5. Affiliate shall also refrain from registering or applying to register any domain name similar to a domain name used by or registered in the name of the Company website/s, or any other name that could be understood or implicated as the Company websites.
6. Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of the Company websites’ trademarks, variations, or include metatag keywords on the website which are identical or similar to any of the Company website/s’ trademarks.
7. Affiliate will only use approved advertising/marketing materials (such as banners, html mailers, images and logos) and will not alter the appearance nor refer to the Company website/s in any promotional materials other than those that are available from the Company websites. The appearance and syntax of the hypertext transfer links are designed and designated by the Company and constitute the only authorized and permitted representation of the Company website/s.
8. The Company reserves the right to freeze the Affiliates account and/or deduct money from the Affiliate if any traffic is deemed to have been referred through fraudulent means or results from a breach of the terms and conditions of the Agreement. In the event if Affiliate are connected parties displaying any suspicious behavior or activities (eg. collusion, hedging or placing small bets among a small group of members) with the sole intention to eligible for commission, the Company reserves the right to take any action including but not limited to forfeit of commission, termination of this Agreement and etc. The Company will investigate and judge each case and appeal on its own merit.
9. The Company established strict measures to protect Customer and Affiliate database and access to this database is restricted. However, it remains each Affiliate responsibility to protect against unauthorized access, to ensure no one else uses the login, to log off or exit from the Company website/s when not using and to keep the login credential secret.
Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such Party’s employees, agents, or representatives) as an employee, agent or legal representative of the other Party, nor to create any partnership, joint venture, association or syndication among or between the Parties, nor to confer on either Party any express or implied right, power or authority to enter into any agreement, commitment or to impose any obligation on behalf of the other Party."
1. The Company makes no express or implied warranties or representations with respect to the Affiliate program, our products or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, the Company makes no representation that the operation of the Company website/s will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered on the website and the Company database, the database shall be deemed accurate.
2. The Company will not be liable for direct, indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the affiliate program, even if the Company has been advised of the possibility of such damages. Further, the Company’s aggregate liability arising with respect to this Agreement and the affiliate program will not exceed the total Commissions paid or payable to the Affiliate under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Both Parties obligations under this Agreement do not constitute personal obligations of the Company directors, partners, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Commission generated.
3. The Affiliate shall defend, indemnify, and hold the Company, its directors, partners, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by the Affiliate of any warranty, representation or term contained in this Agreement, (b) the performance of the Affiliate duties and obligations under this Agreement, (c) the Affiliate negligence or (d) any injury caused directly or indirectly by the Affiliate negligent or intentional acts or omissions, or the unauthorized use of the banners and links or this Affiliate program.
4. The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection to this Agreement or its enforceability shall be governed and constructed in accordance with the laws.