AFFILIATE PROGRAM TERMS AND
CONDITIONS
The
following are terms and conditions for participating in the
APrenuptialAgreement.com Affiliate Program. "Affiliate" refers to
you, and "APrenuptialAgreement.com" refers to
APrenuptialAgreement.com and its corresponding entities.
APrenuptialAgreement.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. APrenuptialAgreement.com also considers ANY type of
advertisement about APrenuptialAgreement.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
APrenuptialAgreement.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
APrenuptialAgreement.com Affiliate Agreement and subject to legal
action and be held liable for any financial loss incurred by
APrenuptialAgreement.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 APrenuptialAgreement.com
to allow any promotion. Affiliate will also not attempt to "bundle"
APrenuptialAgreement.com from APrenuptialAgreement.com with any
other software, regardless of user permission or otherwise, unless
expressly permitted to do so in writing by APrenuptialAgreement.com.
APrenuptialAgreement.com has no past or existing "bundling"
arrangement of any kind, so Affiliate shall not bundle
APrenuptialAgreement.com software with any other unless expressly
permitted in writing to do so by APrenuptialAgreement.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 APrenuptialAgreement.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 APrenuptialAgreement.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
APrenuptialAgreement.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 APrenuptialAgreement.com
should receive any notification of claimed infringement by
Affiliate, Affiliate agrees to cooperate with
APrenuptialAgreement.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,
APrenuptialAgreement.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
APrenuptialAgreement.com. Affiliate further agrees to indemnify and
reimburse APrenuptialAgreement.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 APrenuptialAgreement.com Affiliate is an independent
contractor and not an employee, agent, partner, legal
representative, or franchisee of APrenuptialAgreement.com. Affiliate
further agrees not to incur any debt, expense, obligation on behalf
of, for, or in the name of APrenuptialAgreement.com.
10. All Affiliate
applications are subject to approval by APrenuptialAgreement.com
11. Affiliate agrees
to receive APrenuptialAgreement.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 APrenuptialAgreement.com products and services as set
forth at the official APrenuptialAgreement.com Website. Affiliate
will make no claims regarding products or services beyond what is
stated at the official APrenuptialAgreement.com Website.
13.
APrenuptialAgreement.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.
APrenuptialAgreement.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
APrenuptialAgreement.com logo, image, or trademark which may be
distasteful, defame, or misrepresent APrenuptialAgreement.com.
15. Affiliate may
not assign rights or delegate duties under this Agreement without
the prior written consent of APrenuptialAgreement.com. Upon request,
APrenuptialAgreement.com will provide Affiliate with guidelines for
the sale, transfer, or assignment of Affiliate's
APrenuptialAgreement.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.
APrenuptialAgreement.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.
APrenuptialAgreement.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 APrenuptialAgreement.com has been advised of the
possibility of such damages. APrenuptialAgreement.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
APrenuptialAgreement.com under this agreement.
20. Both
APrenuptialAgreement.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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