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Traffic4Dollars.Com
Web
Site Affiliate Agreement
This
Affiliate Agreement contains the terms and conditions that apply to
an individual's or entity's participation in the (Traffic4Dollars)
referral program (the "Program"). This Agreement covers the
establishment of a Traffic4Dollars Internet portal or "link"
on the applicant's site on the World Wide Web (the "Web").
Throughout this Agreement, (Traffic4Dollars) will be referred to as
"(Traffic4Dollars)", "we" or "our"; and
the referral partner will be referred to as "the Referral
Partner", "you" or "your".
(Traffic4Dollars)'s site on the World Wide Web is referred to herein
as "our web site"; your site on the World Wide Web is
referred to herein as "your web site" or "Referral
Partner Web Site".
1.
Commencement
To
participate in Traffic4Dollars's Program you must complete the online
application found on the site:
http://www.traffic4dollars.com/affiliates and agree to all the terms
of this operating agreement. Traffic4Dollars may reject any
application for any reason. Traffic4Dollars will reject any
application to place its link on a web site that contains, in
Traffic4Dollars 's sole opinion, any objectionable content.
Objectionable content includes content that is unlawful in any
manner, harmful, threatening, defamatory, obscene, offensive,
harassing, sexually explicit, violent, unlawfully discriminatory, or
is otherwise objectionable. Traffic4Dollars will also reject
applications to place its link on a web site that contains links to
and advertisements for web sites with objectionable content, gambling
sites and casinos.
2. Display of Traffic4Dollars's
Link
We
will provide to you the technical specifications and other
information and logos necessary to establish Traffic4Dollars's
banner, link or Uniform Resource Locator (URL) on your web site. You
agree to display prominently Traffic4Dollars's graphical image file
as provided by Traffic4Dollars on one or more pages on your web site.
You expressly agree that Traffic4Dollars's name, trademark, logo or
any other identifying material will appear on your web page (or on
any other web page under your control) only in the form supplied by
Traffic4Dollars. Traffic4Dollars's graphical image file will provide
a link only to a URL to which Traffic4Dollars has agreed.
Traffic4Dollars may cancel this Agreement at any time if your display
of Traffic4Dollars's logo, trademark or other identifying material
does not meet with Traffic4Dollars's approval. Upon notice from
Traffic4Dollars you must immediately remove all references to
Traffic4Dollars, including its name, logo, trademark, service mark or
any other identifying material from your web site immediately.
3.
Referral Commissions
For
each customer who visits Traffic4Dollars's web site through the link
at your web site, or is referred to Traffic4Dollars in writing or by
email, and who purchases Traffic4Dollars products (Products) from
Traffic4Dollars as a result of such link or referral, the customer
will pay to you a one time referral commission of $19.95 per customer
account that is paid to you directly by the customer. In order to be
eligible for a referral commission, the customer must purchase
Products from Traffic4Dollars through the link at your site or
through written contracts or referral. Referral commissions are paid
instantly and directly to you by the customer. At Traffic4Dollars
sole discretion, may refuse any customer.
4.
Payment of Referral Commissions
You
will receive payment of your referral commission instantly from your
customers payment account to your payment account, provided you have
supplied a valid paypal address in your affiliate profile.
5.
Customer Applications
Each
customer who visits the Traffic4Dollars web site through the link at
your web site, or is referred to Traffic4Dollars in writing, must
fill out a customer information sheet and be approved by
Traffic4Dollars or its carrier for service. All customer information
is the sole and exclusive property of Traffic4Dollars and the
customer applicant. You do not have any right to either (I)
participate in any aspect of the information process, or (ii) receive
any of the customer's personal information. This policy specifically
prohibits, without limitation, you from receiving customer
information directly from customers and subsequently forwarding the
customer information to Traffic4Dollars. Of course you may request
personal information from customers directly related to your own
activities, registrations, promotions or the like, but v will never
reveal any personally identifying information about customers or a
customer applicant to you. (See Section 15).
6. Policies
Once
a customer provides Traffic4Dollars with customer information, that
customer will be deemed to be a customer of Traffic4Dollars for all
purposes and will be subject to all policies, procedures, rules and
regulations that govern such transactions. Traffic4Dollars may change
any of its policies or procedures at any time, in accordance with
applicable law.
7.
Customer Privacy
Traffic4Dollars
may be subject to rules and regulations; including without
limitation, the Privacy Statement on Traffic4Dollars's web site,
which specifies how Traffic4Dollars may or may not treat a customer's
personal information. You understand that Traffic4Dollars 's web site
and policies are created and operated to abide by all such rules and
regulations and you agree to defend, indemnify and hold harmless
Traffic4Dollars (in accordance with Section 11) from any of your
violations of a customer's privacy rights.
8.
Sales Reports
You
will not receive sales reports from Traffic4Dollars. All your sales
are paid directly to you and you already have that information.
9.
License Agreement
Upon
our acceptance of your application we will grant to you a limited,
revocable, nonexclusive, non-transferable, non-assignable right to
use Traffic4Dollars 's icon, logo and other images and materials
relating to Traffic4Dollars (the "License"), which
Traffic4Dollars provides to you for the limited purpose of fulfilling
this agreement. You may not modify any of Traffic4Dollars's images,
including, but not limited to its icon or logo. This License is
subject to the terms and conditions of this Agreement and is limited
to the sole purpose of participating in the Program, promoting
Traffic4Dollars's products and services on your web site, and for no
other purpose. Traffic4Dollars expressly reserves all of its rights
in and to its trademarks, trade names, icon, logos and other
intellectual property. Traffic4Dollars may revoke this license at any
time by giving you written notice.
10.
Site Maintenance
You
are solely responsible for maintaining your web site. Traffic4Dollars
has no responsibility for the development, operation or maintenance
of your web site. You are responsible for all technical operations of
your web site, including, without limitation, ensuring that your web
site does not contain libelous or objectionable material, and
ensuring that all material on your web site is legal and does not
infringe on the rights of any third party (including copyright or
trademark rights) or the rights of any customer. Traffic4Dollars is
not responsible for any of these duties and you agree to defend,
indemnify, and hold harmless Traffic4Dollars, its directors,
officers, employees and representatives from and against any and all
claims, actions, causes of action, damages, injuries, expenses
(including attorney's fees) relating to the development, operation,
content and maintenance of your web site, including, without
limitation, any breach of a customer's privacy rights or any
unauthorized use by you of Traffic4Dollars 's icon, logo and other
images and materials relating to Traffic4Dollars.
11.
Term
This
agreement is effective at the time your application is, at the sole
discretion of Traffic4Dollars, accepted by Traffic4Dollars and you
are notified of such acceptance either in writing or electronically.
Either party, with or without cause, may terminate this Agreement by
giving the other party 30 days written notice of the termination.
Referral commissions will be paid only on accounts, which are
eligible under this Agreement, pursuant to Section 4, at or prior to
the time of termination. Upon termination of this Agreement, your
License will expire immediately.
12.
Modification of Agreement
Traffic4Dollars
may modify this agreement at any time by posting a change on our web
site or notifying you by email. Traffic4Dollars may change any of the
terms and conditions of this Agreement. Modifications may include,
but are not limited to, changes in the referral commission structure,
payment procedures, and Traffic4Dollars Referral Partner Program
rules. If any modification is unacceptable to you, your only recourse
is to terminate this Agreement. Your continued participation in the
Traffic4Dollars Referral Partner Program following our posting of a
change notice or new agreement on our site will constitute binding
acceptance of the change.
13.
Modification of Banner
Traffic4Dollars,
at its sole discretion, may change the "look and feel" of
the banner or link that you have placed on your web site. If you
object to the new "look and feel" of the banner that is on
your site, Traffic4Dollars will direct you to an area on its web site
where other banners will be available for downloading.
14.
Relationship of Parties
You
and Traffic4Dollars are independent contractors for all purposes.
Nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative or employment relationship
between the parties. You have no authority to act on
Traffic4Dollars's behalf. Your display of Traffic4Dollars's logo
and/or trademark as well as all other content on your web site, or
any direct contact you have with any customer or customer account
applicant must not contradict this fact.
15.
Publicity
You
shall not create, publish, distribute, or permit any written or
electronic material that makes reference to Traffic4Dollars without
first submitting such material to us and receiving our written
consent.
16.
Limitation of Liability
We
will not be liable for indirect, special or consequential damages (or
loss of revenue, profits, or data) arising in connection this
Agreement even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to
this Agreement will not exceed the total referral commissions paid or
payable to you under this Agreement.
17.
Disclaimers
We
make no express or implied warranties or representations with respect
to the Program or this Agreement or any products or services sold by
Traffic4Dollars. In addition, we make no representation that the
operation of our web site will be uninterrupted or error-free and we
will not be liable for the consequences of any interruptions or
errors.
18. Governing Law and Venue
This
Agreement shall be governed by and construed in accordance with the
laws of the State of Missouri, without giving effect to any
principles of conflicts of law. Taney County, Missouri shall be the
proper place of venue for all suits to enforce this Agreement, and
any legal proceedings to enforce the provisions hereof shall be
brought EXCLUSIVELY in the District Courts of Taney County,
Missouri.
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