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Affiliate Terms and Conditions |
This Affiliate Service Agreement (the "Agreement") is made by and between Eastbiz Corporation, a California corporation, Eastbiz.com, Inc, a Nevada corporation ("EASTBIZ"), and you, as an Affiliate ("You", "Your", "Affiliate").
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for EASTBIZ, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the EASTBIZ Service as an Affiliate.
The following agreement is summarized as follows:
• You place our banners anywhere on your site as you see fit, or within non-spam emails.
• We might change the service here and then
• Adult, Hate, or other related sites are not allowed
• You will be paid your commissions, at such time as your account balance is $20 or more.
• Affiliate represents and warrants that all information that it provided in connection with becoming an Affiliate of EASTBIZ is true and complete. If EASTBIZ determines or has reason to believe, that any information provided by Affiliate is not true and/or complete, Shipto.com may immediately terminate Affiliate's participation with respect to the EASTBIZ website.
• As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed.
• You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• NOT ALLOWED: Any display of a EASTBIZ window that isn't the result of a direct click by the end-user.
• Failure to abide by these rules could mean termination from a given EASTBIZ program, or from EASTBIZ completely with a complete forfeit of commissions.
• Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
PRIVACY POLICY
EASTBIZ respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company.
ACCEPTED USE
You represent to EASTBIZ that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As EASTBIZ may not review all information provided by You, You shall remain solely responsible for Your content and Web site.
LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EASTBIZ DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF EASTBIZABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, EASTBIZ SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The EASTBIZ will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the EASTBIZ liable for any of the consequences of such interruptions. EASTBIZ SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. EASTBIZ SHALL HAVE NO LIABILITY WITH RESPECT TO EASTBIZ OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF EASTBIZ HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF EASTBIZ HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY EASTBIZ AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
EASTBIZ OR ITS SUPPLIERS OR RESELLERS OR EASTBIZS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE EASTBIZ SERVICE OR ANY INFORMATION PROVIDED ON THE EASTBIZ WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF EASTBIZ OR A EASTBIZ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, EASTBIZ'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that EASTBIZ, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the EASTBIZ, jointly and severally agree to indemnify, defend, and hold harmless EASTBIZ and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
EASTBIZ agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to EASTBIZ's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
COMMISSION
The commission is calculated from EASTBIZ fees (excluding fees to third party providers, shipping, etc.). You will get 10% commission from orders placed by customers under your affiliate account. Under Shipito.com program we pay commission form package fees (mail out fees, repack fees). Under IncParadise.com program we pay commission from our fees (excluding secretary of state fees, shipping, etc.).
Commission is paid from repeated orders by the same customer. The only exception is if a customer comes to EASTBIZ website directly from other affiliate site. That sale will be counted to the other affiliate (only in case there are some special offers).
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use EASTBIZ provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the EASTBIZ, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the EASTBIZ’s sole property, including rights in and to any derivatives thereof.
A EASTBIZ may immediately terminate Your license to use the marks if the EASTBIZ reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the EASTBIZ above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the EASTBIZ’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the EASTBIZ.
NONASSIGNABILITY
Affiliate or EASTBIZ may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by Nevada, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Nevada, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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