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AFFILIATE PROGRAM TERMS
AND CONDITIONS
The following
are terms and conditions for participating in the PartnershipBusinessAgreement.com
Affiliate Program. "Affiliate" refers to you, and "PartnershipBusinessAgreement.com"
refers to PartnershipBusinessAgreement.com and its corresponding
entities.
PartnershipBusinessAgreement.com
reserves the right to amend this agreement as needed from time to time,
and Affiliate agrees that any such amendment will apply to Affiliate.
The continuation of Affiliate status or Affiliate's acceptance of income
or bonuses shall constitute Affiliate's acceptance of any and all
amendments.
1. Affiliate represents
and warrants that he or she is of the legal age of consent in all
applicable jurisdictions or countries and, in any event, is at least 18
years of age.
2. Affiliate will not
engage in any SPAM of any kind, nor will Affiliate engage in any
unauthorized message board, messenger service or other online posting. PartnershipBusinessAgreement.com
also considers ANY type of advertisement about PartnershipBusinessAgreement.com
posted to a newsgroup or chat room to be SPAM. For the purpose of this
agreement , SPAM is defined as e-mailing ANYONE, in bulk or by single
mailing, about PartnershipBusinessAgreement.com, who has not
specifically requested the information directly from Affiliate.
"Unsolicited" and "Unauthorized" are defined as any
solicitation not expressly requested or warranted by any organization or
site mentioned above. Use of SPAM may result in the immediate suspension
or termination of Affiliate account. Affiliate will also be in violation
of the PartnershipBusinessAgreement.com Affiliate Agreement and subject
to legal action and be held liable for any financial loss incurred by PartnershipBusinessAgreement.com.
3. Affiliate will not
engage in any advertising utilizing spyware or adware of any kind. This
includes "permission" based adware software, used exclusively
for the delivery of popup or related ads. In the event that you have an
application that delivers advertisements, express permission must be
granted in writing from PartnershipBusinessAgreement.com to allow any
promotion. Affiliate will also not attempt to "bundle" PartnershipBusinessAgreement.com
from PartnershipBusinessAgreement.com with any other software,
regardless of user permission or otherwise, unless expressly permitted
to do so in writing by PartnershipBusinessAgreement.com. PartnershipBusinessAgreement.com
has no past or existing "bundling" arrangement of any kind, so
Affiliate shall not bundle PartnershipBusinessAgreement.com software
with any other unless expressly permitted in writing to do so by PartnershipBusinessAgreement.com.
4. Affiliate will not
engage in any browser hijacking of any kind, or any other interference
with the normal functioning of a potential website visitor's computer.
This could include starting any process(es) not expressly started by
potential website visitor, including opening of a CD rom, or any other
program or application. In keeping with this, Affiliate is directly
responsible to be in full compliance with all pertinent law and the
following two laws specifically: HR2929, the Securely Protect Yourself
Against Cyber Trespass Act, and HR4661, the Internet Spyware Prevention
Act of 2004.
5. Affiliate will not
intentionally mislead any potential website visitor to believe that a PartnershipBusinessAgreement.com
product is any other product. This could include website content, or ads
run on any search engine. Affiliate will not use any product name in
context of advertising which could be misunderstood to be a PartnershipBusinessAgreement.com
product, and therefore be misleading to the potential website visitor.
6. Affiliate will not
use advertising which is directly false or misleading. This could
include claims that "Porn" has been found on a user's machine
when no actual scan for such items has been done, or directly using a
customer's system information to falsely induce a click or purchase.
This could include showing contents of particular sections of the
potential website visitor's hard drive, cookie folder, or system
settings, as well as specific information, such as IP address, operating
system, or any other "non critical" system information.
"Non Critical" is defined for purposes of this document as any
specific system information that has no direct connection with any
spyware/adware or any specific system problem PartnershipBusinessAgreement.com
will assist in repairing.
7. Affiliate agrees to
assume sole responsibility for compliance with all applicable
intellectual property laws and all other federal, state and
international laws. In the event that PartnershipBusinessAgreement.com
should receive any notification of claimed infringement by Affiliate,
Affiliate agrees to cooperate with PartnershipBusinessAgreement.com in
expeditiously responding to such notification and resolving any claim of
infringement. In the event that an affiliate is unresponsive or
unwilling to assist, PartnershipBusinessAgreement.com will take any and
all measures to prevent Affiliate from further involvement in our
program, and will further cooperate in any law enforcement action as a
result of said Affiliate's actions.
8. Affiliate will be
directly responsible for all tax liabilities, including without
limitation, liabilities to any agency with respect to any earnings or
payments made as a result of affiliate's promotion of PartnershipBusinessAgreement.com.
Affiliate further agrees to indemnify and reimburse PartnershipBusinessAgreement.com
in the event of any claim for assessment by any foreign, United States
federal, state, and/or local taxing authority.
9. Affiliate agrees that
a PartnershipBusinessAgreement.com Affiliate is an independent
contractor and not an employee, agent, partner, legal representative, or
franchisee of PartnershipBusinessAgreement.com. Affiliate further agrees
not to incur any debt, expense, obligation on behalf of, for, or in the
name of PartnershipBusinessAgreement.com.
10. All Affiliate
applications are subject to approval by PartnershipBusinessAgreement.com
11. Affiliate agrees to
receive PartnershipBusinessAgreement.com e-mail, including but not
restricted to sales reports, training, plus messages from Affiliate's
Team Leader and/or Group Leader.
12. Affiliate agrees to
present PartnershipBusinessAgreement.com products and services as set
forth at the official PartnershipBusinessAgreement.com Website.
Affiliate will make no claims regarding products or services beyond what
is stated at the official PartnershipBusinessAgreement.com Website.
13. PartnershipBusinessAgreement.com
is not responsible for technical problems, acts by third parties, or
other events outside our reasonable control which may temporarily
disrupt or diminish service.
14. PartnershipBusinessAgreement.com
reserves all rights in or to its trademarks and servicemarks but may be
used by Affiliate in accordance with this agreement. Affiliate may in no
way display a PartnershipBusinessAgreement.com logo, image, or trademark
which may be distasteful, defame, or misrepresent PartnershipBusinessAgreement.com.
15. Affiliate may not
assign rights or delegate duties under this Agreement without the prior
written consent of PartnershipBusinessAgreement.com. Upon request, PartnershipBusinessAgreement.com
will provide Affiliate with guidelines for the sale, transfer, or
assignment of Affiliate's PartnershipBusinessAgreement.com business.
16. Affiliate agrees not
to present others' creative works-in full or in part-as his or her own
nor engage in violation of copyright agreements for any reason. Such
violations could result in suspension or termination of membership.
17. PartnershipBusinessAgreement.com
makes no warranties expressed or implied with regard to Affiliate
Program except as outlined in this Agreement.
18. In the event that a
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable, and the balance of the Agreement will remain in full force
and effect.
19. PartnershipBusinessAgreement.com
shall not be held liable for any indirect, incidental, special, or
consequential damages or any loss of revenue or profits arising under or
with respect to this Agreement or program, even if PartnershipBusinessAgreement.com
has been advised of the possibility of such damages. PartnershipBusinessAgreement.com
aggregate liability arising under or with respect to this agreement or
the program shall in no event exceed the amounts paid or payable by PartnershipBusinessAgreement.com
under this agreement.
20. Both PartnershipBusinessAgreement.com
and the Affiliate reserve the right to terminate this agreement at any
time. The term of this Agreement shall be for a period of one year from
the date hereof and shall automatically renew upon each anniversary
without further act of the parties unless either party has terminated
this Agreement by written notice to the other.
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