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ApproveCash.com, the Affiliate Division of ApproveMail.com, a registered ABN of system9, LLC
AFFILIATE PROGRAM AGREEMENT (APA)
1. PURPOSERevised 9/23/2008 This Affiliate Program Agreement (APA) is made by and between system9, LLC, ABN ApproveMail.com and ApproveCash.com, ("us," "we," ApproveMail.com," "ApproveCash.com," "our"), and you ("Affiliate"), collectively referred to herein as the "Parties." The ApproveCash.com Affiliate Program (ACAP) is intended to generate monetary rewards to the Affiliate based upon the Affiliate's referral of paying Members to ApproveMail.com. You do not have to be a Member of ApproveMail.com to register for the ACAP. You can sign-up at ApproveCash.com. However, upon registration for an ApproveMail membership account you will automatically be registered in the ApproveCash.com Affiliate Program (ACAP) unless you are under 18 years of age. The ACAP is not available to anyone under the age of 18 years or to a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or by anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. ApproveCash.com does not send payments outside of the US at this time. By registering with ApproveCash.com you are bound by this APA. Further, ApproveCash.com reserves the right to modify or terminate the APA at any time with or without prior notice to Affiliates. You will also be subject to additional terms and conditions that will apply when you use other ApproveMail.com Services, such as ApproveMail.com Terms of Service. We may terminate or modify this Agreement at any time and for any reason with or without notifying you directly. 2. ROLES AND RESPONSIBILITIES In order to facilitate Affiliate's Member referrals, ApproveCash.com will provide Affiliate with promotional materials that may include, but are not be limited to, signature tags with hyperlinks to ApproveMail.com on the bottom of outgoing email, text advertisements with hyperlinks to ApproveMail.com, graphical ads with embedded hyperlinks to ApproveMail.com, templates for online and/or offline correspondence in the form of letters and/or flyers targeted to prospective Members and other materials to be determined at the sole discretion of ApproveCash. In addition, ApproveCash will monetarily compensate Affiliate according to the terms set forth in Section 4 of this Agreement. ApproveCash.com, ApproveMail.com, and system9, LLC are under no circumstances, responsible for the practices of any Affiliate, Advertiser or Publisher or such Affiliate, Advertiser or Publisher's Web site(s) and/or the content an Affiliate, Advertiser or Publisher makes available through email or the Internet, and is free of all liability whatsoever related to said practices, web sites, or content. 3. MEMBER QUALIFICATION In order for Affiliate to receive commission for referral of a Member to ApproveMail.com the Member must be qualified as set forth below. Determination of a Member's qualification under the conditions set forth below shall be at the sole discretion of ApproveCash, and all decisions pertaining to the determination of an Member's qualification to be counted toward Affiliate's referral commissions shall be considered final: A) Failure to Collect Member's Funds: In the event that ApproveMail.com is unable to redeem the Member's initial payment, due to, but not limited to, failure of Member's creditor to honor a credit card sales draft, Member shall be immediately deemed ineligible as a commissionable referral for Affiliate. B) Tracking of Affiliate as Referrer: In order for Affiliate to receive payment of commission for referring any Member, the Member must be identified as coming by way of Affiliate's Referring Link to ApproveMail.com. In order to qualify, the Referring Link provided by Affiliate to the Member must contain the exact URL provided by ApproveCash.com. We will not be held liable for any errors in the Referring Link that occur as a result of actions taken by either Affiliate or the Member, or through errors in ApproveCash.com software or computer hardware. 4. COMMISSIONS/DISBURESMENTS ApproveCash.com will pay Affiliate a commission for each qualifying Member providing the Member remains a paying Member of ApproveMail.com for a minimum time period of thirty (30) days, such time period shall be considered to begin upon completion of a successfully billed transaction for said Member. Any preliminary trial period, paid or otherwise, shall not be considered to be a part of this minimum time period. In the event that the Member elects to terminate Member's ApproveMail.com account within 30 days, no commission shall be due or paid to Affiliate. ApproveCash.com will pay Affiliate a one-time sum per qualifying Member at the following rates:
5. AFFILIATE CONDUCT Affiliate must comply with all relevant law during the term of the APA. Affiliate may not put all or any part of our Websites in frames under any circumstances. Affiliate may not mislead others, or engage in spamming, indiscriminate advertising or unsolicited commercial email or cybersquatting. Affiliate may not operate a website or link to a website that contains or promotes any offensive, defamatory, obscene, abusive, violent, libelous, bigoted, hate-oriented, cracking, hacking or warez, illegal or unlawful content or activity, or that offers any illegal good or service. Without limiting any terms of this Agreement, ApproveCash.com reserves the right to terminate Affiliate's account and withhold all referral fees due if it finds any kind of unsolicited email generated by Affiliate or on Affiliate's behalf containing any reference to any of ApproveMail.com's Services, or any connection that leads the recipient of that mail to the Websites. Posting in newsgroups, discussion groups, mailing lists, chat rooms or other similar entities is strictly prohibited and will result in cancellation of your account and forfeiture of any funds that may be due You. ApproveCash.com may deem Your promotional activities inappropriate and a material breach of the APA based upon the foregoing, and/or on reasonable Internet business standards as they may evolve. If You are in breach of this Section 5, ApproveCash.com can, at its sole discretion, provide You with notice and the opportunity to cure, or ApproveCash.com can terminate your Affiliate account without compensation. 6. APPROVEMAIL'S PROPRIETARY RIGHTS, TRADEMARKS, AND COPYRIGHTS You acknowledge and agree that the ACAP and any necessary software used in connection with the ACAP ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. The trademarks, logos, and service marks displayed on the Site and used in connection with the Services are the registered and unregistered trademarks and service marks of ApproveCash .com and ApproveMail.com. 7. INDEMNITY You agree to indemnify, defend and hold ApproveCash.com, ApproveMail.com and its parent company system9, LLC, its owners, affiliates, advertisers and sponsors, partners, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including attorneys' fees) and other expenses that arise directly or indirectly out of or from your breach of the APA, including any violation of AFFILIATE CONDUCT (Section 5) or your activities in connection with the APA. 8. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE APA IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPROVECASH AND ITS AFFILIATES, ADVERTISERS, SPONSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPROVEMAIL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE APA. 9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER APPROVECASH NOR ANY OF OUR OWNERS, AFFILIATES, ADVERTISERS OR SPONSORS, NOR OUR PARTNERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPROVECASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PROGRAM (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (III) ANY OTHER MATTER RELATING TO THE PROGRAM. © 2008 ApproveMail.com & ApproveCash.com - All rights reserved. |