1. CONDUCT
AffiliateRising.com accounts may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to the Providers, your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.
While using the AffiliateRising.com service, you agree to the following minimum standards:
1)
Resolve your affiliates complaints against you in a reasonable and timely manner such that the Providers do not receive a significant number of complaints against you;
and
2) Provide your affiliates reasonable access to contact information for your business such that they can contact you.
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmlessthe Providers from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, the Providers, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
The Providers reserves the right to refuse or discontinue service to anyone at the Providers' sole discretion. The Providers may deny you access to all or part of the service without notice if you engage in any conduct or activities that the Providers in their sole discretion believe violates any of the terms and conditions in this agreement. The Providers shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that the Providers have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect themselves, their subscribers, or consumers.
4. NO WARRANTIES
The Providers makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the Providers or their agents or employees shall create a warranty. The Providers provide no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall the Providers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Affiliate Program Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with the Providers' service or any of their terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
The Providers will provide you a reasonable amount of technical support to assist you in integration of the AffiliateRising.com Affiliate Program service into your website. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of the Providers, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the AffiliateRising.com Affiliate Program service into your website.
5. ECPA NOTICE
The Providers reserve the right to monitor any and all communications through or with our facilities. You agree that AffiliateRising.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply the Providers with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts.
You agree to inform the Providers in advance of any substantive changes in the nature of the commerce facilitated via your AffiliateRising.com account, and understand that implementing such changes may cause the Providers at its sole discretion to discontinue your service if such changes would cause violation of this agreement.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by the Providers, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the service at AffiliateRising.com. You agree to abide by any and all future AffiliateRising.com policy decisions.
8. SECURITY
You agree that the security of your account password is solely your own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify the Providers immediately via email. You shall be held fully responsible for any misuse or compromise to your AffiliateRising.com account for which the Providers are not properly notified. You agree that if any security violations are believed to have occurred in association with your account, the Providers has the right to suspend all access to the account pending an investigation and resolution. You also agree that the Providers have the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
9. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, forum or blog postings, or other Internet media. The use of AffiliateRising.com or any other service with reference to services obtained through the Providers, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, the Providers, or any other party or parties resulting from any such conduct.
10. PAYMENT
You agree to supply the appropriate payment in advance for the services received from the Providers for your AffiliateRising.com account.
You understand that failure to supply such payment in accordance with the instructions contained in the invoice will result in account suspension or termination.
You understand that the Providers at their sole discretion have the right to refuse to reinstate a suspended or terminated account regardless of subsequent payment attempts by you.
Further, you understand that there may be fees associated with reinstatement of a suspended or teminated account.
11. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with the Providers or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
12. SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
13. ACKNOWLEDGEMENT
By creation of an account, or continuing to maintain an account on AffiliateRising.com servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. |
