Please review and use the link at the bottom to sign up.
1) Term of the Agreement: The term of this Agreement
will begin upon our acceptance of your Affiliate application and
will end when terminated by either party. Either you or we may terminate
this Agreement at any time, with or without cause, by giving the
other party written notice of termination. You are only eligible
to earn referral fees on sales occurring during the term.
2) Modification: We may modify any of the terms
and conditions contained in this Agreement, at any time and in our
sole discretion, by sending email notification to the email address
associated with your Affiliate Identification Code. Modifications
may include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR EMAIL NOTICE OF A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
3) Limitation of Liability: We will not be liable
for indirect, special or consequential damages, or any loss of revenue,
profits or data, arising in connection with this Agreement or the
Program, even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total referral
fees paid or payable to you under to this Agreement or fifty dollars
($50.00), whichever is greater.
4) Independent Investigation: You acknowledge that you
have read this Agreement and agree to all its terms and conditions.
You understand that we may at any time (directly or indirectly)
solicit customer referrals on terms that may differ from those contained
in this Agreement or operate web sites that are similar to or compete
with your web site. You have independently evaluated the desirability
of participating in the Program and are not relying on any representation,
guarantee or statement other than as set forth in this Agreement.
We have the right to monitor your Web site at any time and from
time to time to determine if you are in compliance with this Agreement.
We also reserve the right to review all commissions for possible
fraud. Any incidence of fraud constitutes a breach of this Agreement,
and Privacy Corps retains the right to terminate this Agreement
5) Prohibited Forms of Advertising: Privacy Corps has a
zero tolerance policy for spam which is defined to mean any Internet
advertising in violation of any state or federal law, sent via email
or posted to the USENET. Use of hypertext markup language in an
email is still spam. Any Affiliate accused of spamming will be immediately
suspended while the Privacy Corps, in their sole discretion, determines
if the validity of the spam complaint. Use of an Affiliate Identification
Code in any email or USENET post will result in the immediate termination
of your account and forfeiture of any commissions owed you. Transactions
may be cancelled, and recipients may be notified, at our discretion.
If there is any material breach of this clause, both parties agree
that the full extent of such damages will be necessarily uncertain
and therefore agree to liquidated damages of ten thousand dollars
6) Miscellaneous: This Agreement will be governed
by the laws of the United States of America and the State of California,
without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state
courts located in San Francisco, California, and you irrevocably
consent to the jurisdiction of such courts. In any action for violation
of this Agreement, the prevailing party shall be entitled to recovery
of costs and expenses, including attorneys' fees. You may not assign
this Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will
be binding on, inure to the benefit of and be enforceable against
the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
7) Payments: We shall pay five percent (5%) of gross
revenues for sales of the service or product referred by an affiliate.
A commission will only be credited to an affiliate after the customer
has made full payment to Privacy Corps. If a customer later requests
a refund or a chargeback is issued by the credit card holder whose
credit card was used to pay for that customer's account, any commissions
that were credited will be deducted from the next monthly payment.
If there is no next monthly payment, the affiliate will be billed
and hereby agrees to be bound by law to reimburse Privacy Corps
in full for any such commissions. Affiliates must have accumulated
commissions of at least fifty dollars ($50.00) for a given monthly
payment period before payment will be issued. If commissions are
less than fifty dollars ($50.00) for a given month, the commissions
will be held over until the next month. This will continue until
the commissions accumulate to more than fifty dollars ($50.00).
Commissions shall be paid monthly on the 15th day of each month
or the first working day following the 15th if the 15th day falls
on a weekend or holiday.
8) Linking: We will provide you with links, including URL
addresses and appropriate graphics (the Link Materials), with which
you may link your web site to our web site(s) (www.PrivacyCorps.com)
and such other web sites as we may establish from time to time).
If you are an approved Affiliate, we grant you a non-exclusive limited
license solely to reproduce and use these Link Materials, including
our trademarks to the extent they are incorporated into these Link
Materials, only while you are an Affiliate and only in accordance
with the terms and conditions of this Agreement. You agree to display
the Link Materials appropriately on your web site and to respect
our trademarks, service marks, and other rights in the Link Materials.
You will use only these Link Materials to link your web site to
ours, and you will not alter the look or feel of these Link Materials
or of our web site in any way. You will use reasonable efforts to
update to new versions of Link Materials as we make them available.
You may not link from any Internet resource other than a web site.
You will not register any domain name containing 'Privacy Corps',
'Privacy-Corps' or any variation or misspelling thereof. We reserve
all of our rights in the Link Materials, our trade names and trademarks,
and all other intellectual property rights. We may revoke your license
at any time by giving you written notice.
9) Tracking: Privacy Corps will be solely responsible
for tracking sales using special software that communicates with
the specially encoded URLs assigned to affiliates. Privacy Corps
will endeavor to do its best to ensure accurate tracking of referrals
made by affiliates. Affiliates will themselves be solely responsible
for ensuring that these special URLs are formatted properly, a necessary
prerequisite to accurate tracking of referral sales. Notwithstanding
the above statement of responsibility by Privacy Corps to track
sales, affiliates hereby acknowledge and accept that the tracking
system employed by Privacy Corps is not 100% fail-safe and that
there may on occasion be instances of referral sales made that are
not credited to an affiliate for any of the following possible reasons:
- Failure by the affiliate to use the proper format of the specially
assigned URL in promotions, web page links, banner ads, and so
- Deliberate or accidental actions by customers to circumvent
an affiliate's special URL so that our software is unable to accurately
track that sale.
- Bugs, glitches or crashes of the tracking software that render
it unable to accurately track sales for a period of time.
- Acts of nature that cause irretrievable data loss on the computers
and back-up disk media.
10) Relationships and Responsibilities: You will be solely
responsible for the development, operation, and maintenance of your
site and for all materials that appear on your site. For example,
you will be solely responsible for:
We disclaim all liability for the above-listed matters. Further, you
will indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of your site.
- The technical operation of your web site and all related equipment.
- The accuracy and appropriateness of materials posted on your
site (including, among other things, all product-related materials).
- Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other personal or
- Ensuring that materials posted on your site are not libelous
or otherwise illegal.
We may terminate this Agreement at any time if we decide, in our
sole discretion, that your web site is not suitable for the Program
for any reason, including, but not limited to, the use of unlawful
You are an independent contractor, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in
I AGREE TO
THESE TERMS AND WISH TO BECOME AN AFFILIATE