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Terms & Conditions
LinkExchanged Affiliate / Members Agreement =========================================== This Member Service Agreement (the "Agreement") is made by and between LinkExchanged Internet Marketing Services, a Internet Marketing company, Canadian corporation ("LinkExchanged Internet Marketing Services"), and you, as a Member of the Company service ("You", "Your","Member", "Affiliate", or "Affiliate Member"). To be an authorized Member / Affiliate of LinkExchanged Internet Marketing Services, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the services of LinkExchanged as a Member. By clicking on the "I agree to the terms and agreements" box at the bottom of the signup page and using LinkExchanged Internet Marketing services as a Member, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use LinkExchanged Internet Marketing Services as an Affiliate or as a Member. PRIVACY POLICY Company respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. LinkExchanged does have the right to distribute your email address ONLY to LinkExchanged members for the sole purpose of the services provided to the member. You agree to receive link exchange requests via email from members and if you wish to discontinue receiving link exchange requests, please contact us by using our contact us form. If You have any questions about Your privacy rights, or would like further information regarding the confidentiality of Your interactions with Company, please complete our online form at http://www.linkexchanged.com/contact_us.cfm. DEFINITIONS "Affiliate Marketing" or "Performance Marketing" or "Revenue Sharing" occurs when online businesses ("Merchants") and web sites that generate online traffic ("Affiliates") partner to drive Visitors to the Merchant's Web site and the Merchant pays a reward when the Visitor referral results in a sale, lead, or click. "Affiliate Member" or "Affiliate" means an authorized site that is rewarded for a legitimate sale, lead, or click by a Visitor, and uses the Company Service to facilitate applications, tracking, reporting, and receipt of Commission payment. "Pay Member" or "Member" means a person that has PAID LinkExchanged! Internet Marketing services for the link exchange service. "Link Exchange Service" means software designed by LinkExchanged! Internet Marketing used by Members for exchanging links, uploading link pages, etc. "Merchant Member" or "Merchant" means a Web site that pays a reward for a legitimate sale, lead, or click by a Visitor, and uses the Company Service to facilitate sign-ups, tracking, reporting, and issuance of Commission payment. "Visitor" means any person, Web surfer or user that clicks on a Link to a Merchant's Web site placed on an Affiliate's Web site. "Pay-per-sale" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 90 days. If a sale occurs after 90 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Pay-per-lead" means the Payout the Merchant agrees to pay for Visitors referred to the Merchant's Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 90 days. If an action occurs after 90 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Payout" means the amount per-sale, per-lead, or per-click established and agreed upon by Company and the Merchant. The Payout may be expressed as a set amount or as a percent of sales. "Commission" means the amount per-sale, per-lead, or per-click paid by Company to an Affiliate. The Commission may be expressed as a set amount or as a percent of sales. "Link" means a hyperlink placed on an Affiliate Member's site that, when clicked on, serves a Merchant's Web site to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or any other format acceptable to the Merchant. "New Referred Affiliate" means any person, Web surfer or user that becomes a Company Affiliate through Your referral via an authorized link from Your Affiliate Web site to the Company Web site, as long as the New Referred Affiliate is not an existing Company Affiliate Member. "Chargeback" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. A Chargeback is defined and limited to product returns, duplicate entries, non-qualified sales, leads, or clicks, and unauthorized payment or non-receipt of payment from the Visitor to the Merchant. "Your Affiliate Account" means a separate, specific account within the Service that is credited with Your Commissions and other earnings. THE SERVICE LinkExchanged Internet Marketing Services has developed and operates a service (central hub or members to exchange links, and allow members to promote LinkExchanged Services by way of a revenue sharing Affiliate program) which allows Web sites to run and/or participate in Affiliate Marketing programs as well. You wish to become an Member of LinkExchanged Internet Marketing Services and utilize the Services as a Member and an Affiliate. As a Member and an possible Affiliate of LinkExchanged Internet Marketing Services, you will be establishing Revenue Sharing arrangements with LinkExchanged Internet Marketing Services. The Affiliate and Member relationship established between You and LinkExchanged Internet Marketing Services will be conducted and managed through LinkExchanged Internet Marketing Services. LINK PLACEMENT As an Affiliate and Member of the Service, you may place and remove Links on Your site and in Your email messages at Your discretion. Your are not authorized to send an email to an email address without the consent of the owner of the email address. This consent must be given in writing or by way of a double opt-in service. SPAM is prohibited. Unsolicited email is prohibited. Should SPAM or unsolicited email be reported and a member of affiliate is accused, their account will be placed under review which can result in elimination of all payments. AFFILIATE PAYMENT You will receive a Commission for sending a Merchant authorized sales via Your Links. In order for the Affiliate or Member to place Links, they must copy and paste the code supplied within the member section of LinkExchanged. You understand that the Payout amount may be changed at any time. Company will notify You, the Affiliate, via email of any Payout changes. This information will also be available to You at the Company Member's Area. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from LinkExchanged Internet Marketing Services. At the moment, payments are ONLY sent by cheque to the member of affiliates address as noted in the member profile. Payments are sent out on the twentieth (20th) day of each month when Your account balance reaches $50 for the previous months' transactions. Money credited to Your Account does not accrue interest. REFERRAL PROGAM Your Account will be credited for all New Referral Affiliates in accordance with the terms of the LinkExchanged Internet Marketing Services referral program. This program currently pays You a $30 commission for each new member bought to LinkExchanged! The commission amount may change at any time. SERVICE MAINTENANCE Company will provide support for the Service as indicated on the Company Web site. At this time, support must be conducted through or online form. This form can be found at http://www.linkexchanged.com/contact_us.cfm. EMAIL CONTACT Company reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Company related products and services. CHANGES TO THE SERVICE Company reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Company will notify You via e-mail, newsletter or the Company Web site at least 5 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. REGISTRATION To sign up as an Affiliate Member of Company and to use the Service as an Affiliate Partner you must be at least 16 (sixteen) years of age. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN COMPANY: SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. You agree that You have read the documentation for the Service and understand its features and rules. As part of the registration process, You will select an email and password combination that You use to access Your Affiliate / Member area within the Service. You shall provide Company with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Company may rely on any data, notice, instruction or request furnished to LinkExchanged Internet Marketing Services by You which is reasonably believed by LinkExchanged to be genuine and to have been sent or presented by a person reasonably believed by LinkExchanged to be authorized to act on Your behalf. You shall notify Company by e-mail at support@linkexchanged.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your email and password. You shall be responsible for maintaining the confidentiality of Your email and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Company and referral to the appropriate law enforcement agencies. ACCEPTED USE OF THE SERVICE You represent to LinkExchanged Internet Marketing Services 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 / Member of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, abusive, fraudulent or violates any law. As Company may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate / Member, You may not artificially inflate traffic counts to LinkExchanged Internet Marketing Serviecs using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects, unless it is consented by LinkExchanged Internet Marketing Services. Links may not be placed in newsgroups and unsolicited e-mail is strictly prohibited. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to LinkExchanged Internet Marketing Services. LINKEXCHANGED INTERNET MARKETING SERVICES RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF COMPANY. If You are terminated from the Service, LinkExchanged Internet Marketing Services has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join Company. 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, LinkExchanged Internet Marketing Services DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, LinkExchanged Internet Marketing Services 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 Merchant 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 / Member understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the LinkExchanged Internet Marketing Services liable for any of the consequences of such interruptions. LinkExchanged Internet Marketing Services SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE / MEMBER OR CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT. LIMITATION OF LIABILITY LinkExchanged Internet Marketing Services 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 LinkExchanged Internet Marketing Services SERVICE OR ANY INFORMATION PROVIDED ON THE COMPANY 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 LinkExchanged Internet Marketing Services OR A LinkExchanged Internet Marketing Services 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, LinkExchanged Internet Marketing Services'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 LinkExchanged Internet Marketing Services, 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 Merchant, jointly and severally agree to indemnify, defend, and hold harmless LinkExchanged Internet Marketing Services and its affiliates, 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. LinkExchanged Internet Marketing Services 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 Company's negligence or willful misconduct in performance of the Services or its breach of this Agreement. NON-DISCLOSURE Company acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. LinkExchanged Internet Marketing Services agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Company, that becomes available to LinkExchanged Internet Marketing Services from third parties without knowledge by LinkExchanged Internet Marketing Services of any breach of fiduciary duty, or that LinkExchanged Internet Marketing Services had in its possession prior to the date of this Agreement. LinkExchanged Internet Marketing Services does not collect information about customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports, monetary transactions, and service provided through the link exchange service. Company reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Company deems appropriate. LinkExchanged Internet Marketing Services does not store credit card information. All monetary transactions and credit card information and transferred / stored securely on 2checkout.com server. OWNERSHIP AND LICENSES You, the Affiliate / Member, are granted a non-exclusive, limited, revocable right to use LinkExchanged Internet Marketing Services provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of LinkExchanged Internet Marketing Services, 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 LinkExchanged Internet Marketing Services sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. All images, technology and content provided to You by LinkExchanged Internet Marketing Services is and shall remain LinkExchanged Internet Marketing Services sole property 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, trade names and service marks related to the foregoing shall remain the LinkExchanged Internet Marketing Services sole property, including rights in and to any derivatives thereof. You may not modify the Merchant's trademarks, banners, the content or any of the provided images in any way. You shall use the marks exactly in conformance with the Merchant's trademark usage policies as communicated to You from time to time. LinkExchanged Internet Marketing Services may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges 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 LinkExchanged Internet Marketing Services. 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 LinkExchanged Internet Marketing Services 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 LinkExchanged Internet Marketing Services. SOFTARE ISSUES & SERVER ISSUES The member understands that there are software bugs/issues and server/database downtimes. Members will not be monetarily compensated for bugs / defects within the link exchange service. Members can notify LinkExchanged! of any bugs by completed the contact us form located at http://www.linkexchanged.com/pay/contact_us.cfm. Depending on the urgency of the bug / defect and depending on internal resources, LinkExchanged! will resolve the issue as quickly as possible. REPRESENTATIONS Company makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Company Web site does not mean that Company endorses or accepts any responsibility for the content or the use of such Web site. NONASSIGNABILITY LinkExchanged Internet Marketing Services 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 Information LinkExchanged Internet Marketing Services publishes on the Service may contain references or cross references to Company's programs or services that are not announced or available in Your jurisdiction. Such references do not imply that Company intends to announce such programs or services in Your jurisdiction. Except as described otherwise, all materials on the Service's site are made available only to provide information about LinkExchanged Internet Marketing Services. LinkExchanged Internet Marketing Services controls and operates its site from Canada and makes no representations or warranties that these materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If You use LinkExchanged Internet Marketing Services site from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be governed by BC law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the province of BC and federal courts in and for the Province of British Columbia, Canada 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. I have read the terms and conditions and agree: *
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