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AFFILIATE AGREEMENT
By signing up as an affiliate with www.InfoSteals.com, you agree to
the following Terms of Service:
This agreement is by and between www.InfoSteals.com and/or their
assigns and all subscribers. Unless the context requires otherwise,
www.InfoSteals.com, and/or their assigns shall be referred to as
"us, we, or our" and you shall be referred to as "you, your or
subscriber."
You understand that www.InfoSteals.com and/or their assigns does not
guarantee or predict any type of profit or response from said services.
Subscriber agrees to hold www.InfoSteals.com harmless from and
against any and all losses, claims, expenses, suits, damages, costs,
demands or liabilities, joint or several, of whatever kind or nature
which www.InfoSteals.com and/or their assigns may become subject
arising out of or relating in any way to the use of the services
provided under this agreement, including, without limitation, in each
case attorneys' fees, costs and expenses actually incurred in defending
against or enforcing any such losses, claims, expenses, suits, damages
or liabilities.
Most Importantly:
Using SPAM to promote any product on the website is against the terms
of use for this website and affiliate agreement. SPAM in any form and
in any degree is unacceptable. www.InfoSteals.com does not engage in or
encourage unlawful methods of advertising. If you use SPAM your account
will be removed and blocked immediatately from the affiliate program
and reported to the proper legal authorities.
A. Services to be provided. We agree to pay you certain commissions as
described on our website for referral sales made by customers.
Commissions will not be paid for leads or signups, or for sales outside
of the specified date range of the program or if the aforementioned
affiliate program is discontinued.
B. Payments of Commissions. All commissions will be paid instantly
direct to your PayPal account. It is your responsibility to ensure that
your PayPal email address is correct. Because commissions are paid
instantly, to comply with PayPal's terms of service, you will receive
100% commissions where this rule is applicable. There will be
no partial payouts. Please note that the last affiliate link a
purchaser clicks on before they buy will be the one who is credited
with the sale and who will earn the commissions.
C. Termination. We may terminate your account: (a) if you violate our
Terms of Service policy; (b) promote www.InfoSteals.com in a manner
that is unlawful, unethical or inappropriate; or (c) for any reason at our sole
discretion.
D. No Warranties. We make no warranties to you of any kind, expressed
or implied, with respect to the service www.InfoSteals.com, it's
subcontractors and affiliates provide you. We expressly disclaim any
implied warranty of merchantability or fitness of this service for a
particular purpose. We shall not be liable for any damages suffered by
you, whether indirect, special, incidental, exemplary, or
consequential, including, by not limited to, loss of data or service
interruptions, regardless of cause or fault. We are not responsible for
your lost profits or for your loss of data or information. If
notwithstanding this clause we are held liable to you.
E. Refund Policy. By signing up as an affiliate and promoting www.InfoSteals.com, you agree to adhere to our refund policy.
Because you are receiving your commissions instantly, you will be
responsible for refunding any sales that are sent directly to your
Paypal account. Failure to do so will result in immediate termination
of your account and forfeiture of any future earnings, as well as any
other action, legal or otherwise, we deem necessary.
F. Terms. You agree: (1) to use our system in a manner that is ethical
and in conformity with community standards; (2) to respect the privacy
of other users (you shall not intentionally seek data or passwords
belonging to other users, nor will you modify files or represent
yourself as another user unless explicitly authorized to do so by that
user); (3) to respect the legal protection provided by copyright law,
trade secret law, or other laws protecting intellectual property. 4) to
accept commercial emails from us.
Furthermore, you cannot sign up for the affiliate program for the
purpose of buying under your own affiliate link. We track sales very
carefully and anyone caught doing this with have their affiliate
account closed immediately and all future commissions will be forfeited.
If we learn of a violation or likely violation of our Terms of Service,
we will attempt to notify you. If you do not take immediate remedial
action which is satisfactory to us, or in the event of a serious
violation of the Terms of Service, we reserve the right to terminate
your account immediately. Every effort will be made to inform you prior
to account termination, and to re-establish your account upon receiving
such representations from you as we deem appropriate in the
circumstances.
Your service will be terminated immediately and without warning should
you use our system as part of any bulk email or spam campaign. You may
also be subject to fines and legal actions as a result of your bulk
email promotion.
All accounts will be manually checked for any attempts at fraud or
multiple signups, and in such cases the account will be terminated and
commissions forfeited.
G. Assignment. This agreement is personal to you. You may not assign
your rights under this agreement without our prior written consent. If
you do assign your rights, as would be the case were someone other than
you to use your account, you shall remain liable to us for any fees due
under this agreement. We may assign this agreement at any time.
H. Change of Terms and Conditions. We reserve the right to change the
terms and conditions of this agreement as needed. Use of our servers by
you after said changes constitutes acceptance of those new terms and
conditions. If you do not agree to the new terms and conditions, you
may terminate this agreement in accordance with Section B.
I. Notification of Account Changes. You agree to provide us with such
other information relating to your use of this service as we deem
necessary or desirable. You agree to notify us if your address, email
address, telephone number, billing information changes.
J. Notices. All notices, requests, demands, and other communications
under this agreement shall be in writing and shall be deemed to have
been given on the date of delivery: if delivered personally to the
party to whom notice is to be given; if sent by electronic mail with a
cc: to sender; if sent by fax; or on the third day after mailing by
first class mail.
K. General Provisions. The subject headings of the articles and
sections are for convenience only, and shall not affect the
construction or interpretation of any of its provisions. If any portion
of this agreement is found invalid or unenforceable, that portion shall
be severed and the remainder of this agreement shall remain in force.
This agreement constitutes the entire agreement between us pertaining
to its subject matter and supersedes all of our prior agreements,
representations, and understandings. Subject to Section I, no
supplement, modification, or amendment of this agreement shall be
binding unless executed in writing by both parties. No waiver of any of
the provisions of this agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding
unless executed in writing by the party making the waiver.
This agreement may be executed in one or more counterparts. Each shall
be deemed an original, but all of which together shall constitute one
and the same instrument. If an organization is the subscriber, the
individual signing up for our services represents that he or she is
duly authorized to enter into this agreement on behalf of that
organization. In the event of a dispute, the parties agree to submit
the matter to the Community Dispute Resolution Service or any
recognized Arbitration Board located within our state and county,
before instituting litigation.
© 2009
www.InfoSteals.com for Stuart Stirling |