|
TERMS,
effective June 10th,2005:
By submitting an application to become an Affiliate of
FlatFeeSpectrum.com (a Pulsar Marketing network property,
PulsarMarketing.com) you certify that all information in your
Registration Form is true and correct and that you have read
this Agreement, understand all terms and conditions, and agree
to be legally bound by them. "YOU" or "YOUR"
means the applicant. "WE" or "OUR" or
"US" means FlatFeeSpectrum.com and PulsarMarketing.com.
"OUR site" means FlatFeeSpectrum.com and
PulsarMarketing.com, and "YOUR site" means YOUR Web
site or sites that YOU link to OUR site(s). "Program"
means the FlatFeeSpectrum.com Affiliate Program and the
PulsarMarketing.com Affiliate Program, of which the purpose is
to generate revenue for YOU by promoting our client products and
or services featured on OUR site(s).
CURRENT AND FUTURE SITE ACCEPTABILITY
WE reserve the right to not accept any sites that have, in OUR
sole opinion, any controversial or unacceptable content such as,
but not limited to, sites that promote, contain or link to:
violence or hatred; criminal or illegal activities; sexually
explicit material; discrimination based on race, color, sex,
religion, nationality, disability, sexual orientation or age;
libelous, defamatory, disparaging, obscene, offensive or other
content that WE deem inappropriate; material that infringes on
trademark, copyright or patent rights of another party. YOU
agree that such content is Not Permitted, now or in the future,
and is cause for immediate termination of this agreement and
forfeiture of any and all moneys earned but not yet paid.
INDEPENDENT CONTRACTOR
YOU and WE are independent contractors in this agreement. A
party, and its agents and employees, are not partners, agents,
representatives, joint venturers or employees of the other
party. YOU have no authority to make or accept any offer on OUR
behalf. YOU will not do or say anything to contradict this
independent contractor relationship.
OUR RESPONSIBILITIES
WE agree to furnish YOU access to OUR site(s) through links
furnished by US. WE will provide YOU with all advertising
banners, text or other appropriate icons to be linked to OUR
site(s). YOU may use YOUR own banners, icons or methods of
delivering consumers to OUR site(s) only upon prior written
approval by US.
WE will maintain OUR site(s) on OUR server(s). WE retain the
right to make changes to OUR site(s) as deemed necessary by US
at OUR sole discretion and without any advance notice. WE will
provide accurate daily tracking of all traffic and or business
generated for US by YOUR assigned links to OUR site(s). WE will
provide YOU with statistical results of YOUR traffic and or
business generated.
YOUR RESPONSIBILITIES
YOU agree to display OUR links prominently on YOUR site. For
copyright issues and other concerns, YOU must legally own the
domain(s) which YOU listed on YOUR affiliate registration. YOU
agree to follow any instructions or guidelines WE provide for
using links. YOU agree to cooperate fully with US to ensure that
each link is maintained and used according to OUR requirements.
At least once a month, YOU agree to check links to US to ensure
that each link to US YOU use on YOUR site is up-to-date and in
the proper format. YOU agree to promptly substitute a link with
any new link WE may provide from time to time. YOU will not
alter, modify or expand a link to US in any way without OUR
prior approval. YOU agree to place OUR banner and/or textual ad
links only on the main/default index page of YOUR site(s), in
the precise format provided to YOU by US. YOU agree that, at OUR
sole discretion and without advance notice, WE may monitor YOUR
site at any time as often as WE wish to determine if YOU are
using links to US properly and to determine if YOU are complying
with the terms of this Agreement.
You must place our Client advertisements, unmodified, in the
HTML of the root, default URL of your approved website and not
on any sub page, popup, frame or iframe.
You will not attempt to conceal any Client advertisement in any
manner, including but not limited to; the use of background
colors, overlapping graphics, font manipulation, resizing,
frames pages or iframes.
You will earn commission rates only for hosting advertisements
in which your URL has been approved by both Admin and the Client
for a specific advertisement.
YOU agree to accept email and other correspondence from US at
the email and or mail address YOU provide US on YOUR
Registration Form. YOU agree to keep US advised and up to date
on any and all changes that may be necessary as to the
information contained on the FlatFeeSpectrum.com AGREEMENT
Registration Form. YOU agree that if YOU advise US that YOU no
longer wish to receive email from US then this agreement will be
considered terminated.
YOU agree not to solicit, nor attempt to solicit, any merchant
advertiser on OUR network for the purpose of entering into
direct advertising agreements which may circumvent OUR service
and the award of OUR service fee. YOU further agree not to
entertain any solicitation which YOU may receive from any
merchant advertiser on OUR network, and to report such instances
within two (2) business days of receiving any such
solicitation. YOU understand and agree that violations of
this policy, and any violation of OUR AGREEMENT, shall result in
YOUR immediate termination from our network and forfeiture of
any and all earned yet outstanding revenue.
YOU agree that unsolicited email (spamming) and/or other
generally unacceptable forms of marketing and/or any marketing
techniques, methods or approaches that are done directly or
indirectly promoting OUR products and or services and are not
pre-approved by US are Not Permitted. YOU agree that WE are the
sole authority to determine if any unapproved marketing YOU do
for US directly or indirectly is "generally
unacceptable" or is considered "spamming".
YOU agree that YOUR failure to follow any and all terms of this
agreement allows US, at OUR sole discretion, to immediately
terminate this agreement and to deny any due commission
payments.
PAYMENTS
Compensation which is earned and originating from transactions
received through YOUR placement of OUR client advertisers shall
be paid monthly, by the end of the month for the preceding
month's earnings, provided the amount is $50 or more. In the
event YOUR earnings are less than $50, YOUR earnings will be
carried forward month-to-month until the $50 minimum is
obtained. Refer to each merchant advertiser's compensation. WE
may at OUR sole option modify the ranking structure. YOU are
responsible to check compensations for any changes.
In
order to receive your earned commissions pursuant to our payout
schedule, the following information is necessary:
U.S. citizens - we require a completed W9 tax form and a
physical mailing address. U.S. citizens are paid by mailed
check, to a physical address (not to a PO Box).
Non-U.S. citizens - we require that you have a registered
account at PayPal, and that account must be declared by PayPal
to be a Non-U.S., Verified Member account.
REPRESENTATIONS AND WARRANTIES
YOU represent to US that YOU have the authority to enter into
this Agreement, that YOU are licensed (to the extent required by
law) to do business and to carry out YOUR obligations in this
Agreement, and that, to YOUR knowledge, there is nothing that
would prevent or threaten YOUR ability to perform YOUR
obligations in this agreement. YOU have independently evaluated
the desirability of participating in the program and YOU are not
relying on any representation, guarantee or assurance other than
as stated in this agreement.
YOU represent, that to the best of YOUR knowledge and control,
all applications submitted through YOUR links have been
completed and submitted by the same person whose name is on the
application.
CHANGES
WE may change, modify, add or delete any term or condition of
this Agreement (collectively a "Change"), at any time
and at OUR sole discretion, by emailing to YOU or by posting on
OUR site the Change, effective on the date WE specify. Changes
may relate to, for example, the scope or type of Commissions,
the Commission payment schedule, payment procedures and Program
rules. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
AFTER WE GIVE WRITTEN NOTICE OF A CHANGE BY EMAIL OR POSTING THE
CHANGE ON OUR WEB SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE
OF THE CHANGE.
WARRANTY DISCLAIMERS
OUR site is provided as is, without any express or implied
warranty of any kind with respect to OUR program, the links or
OUR system(s), policies or procedures, including, without
limitation, warranties of fitness, merchantability or
non-infringement of intellectual property. In addition, WE make
no representation or warranty that the operation of OUR site
will be uninterrupted or error free, and WE will not be liable
for any interruptions, downtime or errors. WE cannot be held
liable for the accuracy of, or errors in, the reports WE use
from others or from the failure of others to provide reports,
although WE will make all reasonable efforts to assure such
reports are accurate and timely to the best of OUR ability.
WE may at any time directly or indirectly solicit new customers
on terms that may differ from those in this agreement or from
those in effect at the time of this agreement. WE may operate
web sites that are similar to or compete with YOUR site.
CONFIDENTIALITY
Without prior written consent, YOU or WE will not use or share
with any third party any information relating to the number,
percentage or type of visitors on YOUR site that follow a link
to OUR site(s) without limitation. YOU or WE will not disclose
or share with any third party the amount of compensation paid to
YOU under this agreement. This provision will survive
termination of this agreement.
INDEMNIFICATION
WE agree to hold harmless YOU and YOU agree to hold harmless US
from any and all loss, damage, liability, claims or causes of
action in any way resulting from any acts or omissions of either
US or YOU in connection with or in any way related to this
agreement. This mutual indemnity shall include, but not be
limited to, any loss, damage, liability, claims, or causes of
action under any state or federal consumer credit laws,
including but not limited to the Federal Truth in Lending Act
and Equal Credit Opportunity Act.
LIMITATION OF LIABILITY
WE will not be liable for indirect, special or consequential
damages, such as loss of revenue, profits or data, arising from
or in connection with this agreement or the program, regardless
of whether WE were informed or had direct or imputed knowledge
of the possibility of direct, special or consequential damages.
YOUR obligations in this provision will survive termination or
expiration of this agreement. Except with respect to
compensation payment obligations WE owe to YOU, the total
aggregate liability relating to this agreement that WE will be
liable for is $500.00.
TERM, TERMINATION
The term of this agreement is thirty (30) days from the date of
its execution by both parties, and is automatically renewed
monthly until terminated by YOU or US. The credit card
association(s), issuing bank(s) other financial and/or credit
service agencies, WE and/or YOU may terminate this agreement at
any time for any reason, for no reason and/or by mutual written
agreement between both parties hereto. Upon termination of this
agreement all compensation paid to YOU shall immediately cease.
The indemnification and other terms that are necessary after the
termination of this agreement shall survive any termination of
this agreement.
YOU agree that termination of this agreement will also
immediately terminate any further compensation payments earned
or due to YOU by US EXCEPT IF YOU TERMINATE THE AGREEMENT DUE TO
A CHANGE IN OUR TERMS OR CONDITIONS OR COMPENSATION AS DETAILED
IN THE SECTIONS TITLED "CHANGES" AND OR
"PAYMENTS".
BINDING AND SOLE AGREEMENT
This agreement shall be binding upon YOU and US and to any
successors and/or assignees. This agreement is the sole
agreement between the parties, no prior agreements or
understandings shall be effective for any reason. The waiver or
failure of either party to exercise any right provided in this
agreement shall not be deemed a waiver of any other rights. In
the event that any portion of this agreement be declared void,
unlawful or unenforceable, that portion shall be deemed stricken
from this agreement and the remaining portions of this agreement
shall continue in full force and effect. YOU shall comply with
all United States Of America Federal, State, and Local laws.
NO ASSIGNMENT
YOU will not assign any aspect of this agreement to another
person or entity without OUR prior written consent which will be
at OUR sole discretion.
GOVERNING LAW
This agreement shall be construed and enforced in accordance
with, and governed by, the laws of The United States Of America
and or the State Of Mississippi. All causes of action between
the parties shall be brought in the appropriate court in
Harrison County, Mississippi. In the event of litigation, the
prevailing party shall be entitled to recover reasonable
attorney fees and costs.
CORRESPONDENCE
All correspondence WE send to YOU, including but not limited to
YOUR compensation payments, will be sent to the email address
and or the mailing address YOU provided to US on the
FlatFeeSpectrum.com or PulsarMarketing.com Affiliate Program
AGREEMENT Registration Form.
DIRECT ALL CORRESPONDENCE REGARDING FlatFeeSpectrum.com or
PulsarMarketing.com TO: Pulsar Marketing, 22272 Tootle Road,
Gulfport, MS 39503
ENTIRE AGREEMENT
This agreement is the complete and entire agreement of the
contract between YOU and US regarding this relationship and will
not be affected by any prior written or oral agreements or
assurances.
|
Marketing