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Privacy Corps Affiliate Program Agreement

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 immediately.

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 ($10,000.00).

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 on.
  • 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:

  • 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 proprietary rights).
  • Ensuring that materials posted on your site are not libelous or otherwise illegal.
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.

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 content.

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 this agreement.

I AGREE TO THESE TERMS AND WISH TO BECOME AN AFFILIATE

 
   


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