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