Money3affiliates.com respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You ("Advertiser", "Merchant") and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such.
MERCHANTS
Money3Affiliates - Merchant - Terms Of Use
This Merchant Service Agreement (the "Agreement") is made by and between Money 3 Solutions (Money3affiliates.com) and you, as a Merchant Advertiser of the Money3affiliates.com service ("You", "Your", "Advertiser", "Merchant").
ACCEPTABLE USE POLICY
Money 3 Affiliates and its subsidiaries, divisions and related web sites (hereinafter collectively referred to as “Money3Marketing”) Acceptable Use Policy describes the proper kinds of conduct and prohibited uses of Money 3 Affiliates’s services (the "Services"), as described and subscribed to pursuant to the applicable Terms and Conditions. The Acceptable Use Policy is not exhaustive and Money 3 Affiliates reserves the right to modify the Acceptable Use Policy at any time, effective upon posting of the modified Acceptable Use Policyto Money 3 Affiliates. By registering for and using the Services, and thereby accepting the terms and conditions of the Agreement, you agree to abide by the Acceptable Use Policy as modified from time to time. Any violation of the Acceptable Use Policy may result in the suspension or termination of your account and such other action as Money 3 Affiliates deems appropriate.
YOUR GENERAL RESPONSIBILITIES:
The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, Money 3 Affiliates will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). Money 3 Affiliates, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Money 3 Affiliates as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Money 3 Affiliates expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals. VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Money 3 Affiliates. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES.
ILLEGAL OR HARMFUL USE:
You may use the Services only for lawful purposes. Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or the Acceptable Use Policy is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited. Money 3 Affiliates reserves the rights to restrict or prohibit any and all uses of the Services or content on your Web site(s) and to remove such materials from its servers that Money 3 Affiliates determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Money 3 Affiliates customers or any third party. Infringement.
Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials.
Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.
SYSTEM AND NETWORK SECURITY AND INTEGRITY:
Violations of Money 3 Affiliates’s or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Money 3 Affiliates may investigate incidents involving such violations. Money 3 Affiliates may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:
Hacking. Unauthorized access to or use of data, systems, servers or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out.
Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
E-MAIL:
You may not distribute, publish or send any of the following types of e-mail:
Unsolicited promotions, advertising or solicitations (commonly referred to as "spam") that is not compliant with the CAN-SPAM Act of 2003, including, without limitation, commercial advertising and informational announcements to those email addresses who have requested that their email addresses be opted out.
Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. Harassing e-mail, whether through language, frequency, or size of messages.
Chain letters.
Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
Third Party Links. Links to third party web sites should not be inserted in emails without the direct or indirect permission of the third party, and your email should conspicuously notify the recipient that the link is to a third party over which you have no control or operation.
In addition, you may not use Money 3 Affiliates’s mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups, message boards, blogs, online discussion groups, etc., (excessive cross-posting or multiple-posting) also is explicitly prohibited.
AFFILIATES
Money3Affiliates - Affiliate - Terms Of Use
This Publisher Service Agreement (the "Agreement") is made by and between Money 3 Solutions (Money3affiliates.com) and you, as a publisher user of the Money3affiliates.com service ("You", "Your", "Affiliate", "publisher").
To be an authorized Publisher of money3affiliates.com, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Money3affiliates.com Service as an authorized Publisher. By signing up for Money3affiliates.com, you indicate Your acceptance of this Agreement,its terms and conditions and abiding to it. If You do not accept this Agreement, do not use the money3affiliates.com Service as an Publisher.
The following agreement is as follows:
you, the publisher, may place our merchants' banners anywhere on your site as you see fit, or within non-spam emails (see anti-spam policy).
Emails to Publishers:
money3affiliates.com reserves the right to notify all registered publishers via email concerning new and featured merchant programs.
Changes to Program:
money3affiliates.com reserves the right to make changes to the service here and then, at our discretion a to notify all publishers (affiliates) of changes. money3affiliates.com does not allow Adult, Hate, or other related sites into our program.
Publishers Commissions:
Publishers are set to be paid commissions, at such time as your account balance is $50 or more.
Network statistics:
All statistics are collected and calculated by money3affiliates.com, and will be the only valid stats used for determining commissions.
Accounts:
Publishers may only have 1 account and may list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited.
International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible.
Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia.
Publishers may not hold money3affiliates.com, its subsidiaries and/or related websites liable for anything, a link to a non-money3affiliates.com Web site does not mean that money3affiliates.com endorses or accepts any responsibility for the content or the use of such Web site.
Anti-Spam policy:
Money3affiliates.com and our client sites do not tolerate spamming in any form. “Spam” or “Spamming” refers to the sending of unsolicited communications to person/s on behalf of Money3affiliates.com or our client sites including but not limited to commercial advertising, information announcements, advertisements promoting offers from our client sites and political tracts. You acknowledge that our clients are liable to incur expenses in dealing with SPAM generated mail these same expenses will be deducted from your affiliate account should any users seek recourse for SPAM generated by you. In this instance the amount determined by us for reimbursed payment to complainants, if any, will be fair and reasonable and no further correspondence will be entered into. Further, you agree to indemnify and hold us harmless for any claim resulting from your use or distribution of electronic mail services, through the service or any other breach of the Agreement. Should these expenses not be covered by funds available in your affiliate account, we reserve the right to investigate alternate methods for recovery of these amounts. For example, should your account have fees due based on any referred Affiliates, we will hold payment until such time as any damages have been absorbed by your earnings. Should your account not be active and generating earnings through Referral Fees, we reserve the right to demand payment directly from you.
Inactive Publisher Accounts:
Publisher accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assesed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to Money3affiliates.com, Inc. based on fees - the account will simply be closed. An abandoned Publisher account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state.
Failure to abide by these rules:
Failure to abide by our policies, rules and regulations will result in termination from a given merchant program, or from Money3affiliates.com completely with a complete forfeit of commissions.
Fraudulent Activity:
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. If you run or utilize an incentive website, you MAY participate in shareasale.com's pay-per-click and pay-per-lead programs ONLY IF you receive specific written (fax or email are ok as well) permission from the merchant. You must also copy this specific permission to us, and that permission must detail exactly what kind of incentive your users have to click the links. Without this permission, your commissions may be voided. You are allowed to participate in any pay-per-sale programs without any special permission. At Shareasale.com, there are two levels of membership: Full and Limited. All affiliates begin at the Limited level, and can participate only in pay-per-lead and pay-per-sale programs. Your status will be changed to "Full" at the time of your first payment sent to you. You must also be participating as a top-level domain name, i.e., no generic free website services allowed. Only Full members can participate in pay-per-click programs. You cannot refer yourself as a Merchant with Shareasale.com and receive commission. Sorry.
DEFINITIONS
"Performance Marketing" occurs when e-businesses ("Merchants") and individual web sites that generate their own traffic ("Affiliates") partner to drive traffic to the Merchant’s Web site and the Merchant pays a reward or bounty (CPA, Revenue Share, Per Lead, Pay Per Click) when the Visitorreferral results in a sale, lead, click, or other measurable action.
"Affiliate" or "Publisher" means a site that is rewarded for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the Money3affiliates.com Service to facilitate applications, tracking, reporting, and receipt of commission payment.
"Merchant" means a Web site that pays a reward for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the Money3affiliates.com Service to facilitate sign-ups, tracking, reporting, and issuance of commission payment.
"Visitor" means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate's Web site.
"sale commission" 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 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"lead commission" 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 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
"click commission" means the Payout the Merchant agrees to pay for a valid click from an Affiliate Partner's site to the Merchant's site that results in the Merchant's Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
"Payout" means the amount sale commission, lead commission, or click commission established and agreed upon by Money3affiliates.com and the Merchant. The Payout may be expressed as a set amount or as a percent of sales.
"Commission" means the amount sale commission, lead commission, or click commission established and agreed upon by Money3affiliates.com and the Merchant. The Commission may be expressed as a set amount or as a percent of sales.
"Link" means a hyperlink (tracking Link) placed on an Affiliate'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, and defined only through the Merchant's program on Money3affiliates.com.
"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
"Your Account" means a separate, specific account within the Money3affiliates.com Service that is credited with Your Commissions and other earnings.
The Service:
Money3affiliates.com has developed and operates a service (the "Service") which allows Web sites to run and/or participate in Performance Marketing programs. You wish to become an Affiliate of Money3affiliates.com and utilize the Service as an Affiliate. As an Affiliate of Money3affiliates.com you will be establishing arrangements with third party organizations, called Merchants. All Affiliate relationships established between You, the Affiliate, and Money3affiliates.com Merchants, will be conducted and managed through the Service.
Link Placement:
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in Your email messages at Your discretion.
Publisher (Affiliate) Payment:
Publishers (Affiliates) will receive a Commission for sending a Merchant authorized sales, leads, and/or clicks via tracking Links. In order to place Links, You must first be approved by a Merchantto become a Publisher of that Merchant’s program. You understand that the Payout amount may be changed at any time. This information is also available to all Publishers at the Money3affiliates.com our merchants Area. Publishers are responsible for determining if the Payout for a Link he/she placed on Your site has changed or been discontinued. Publishers will receive the Commission from Money3affiliates.com. Payments are made automatically between the fifteenth (15th) and the twentieth (20th) day of each month when a Publisher's account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest.In the event of a VOID by a Merchant, Money3affiliates.com may recover from the the corresponding Commission previously credited to a Publisher's Account. The VOID Commission will be immediately deducted from a Publishe'r Account balance. In the event that the Publisher Account balance is lessthan the VOID Commission, the VOID Commission will be deducted against a Publisher's future earnings.Publisher's will NEVER be asked to send or refund money to Money3affiliates.com.
Service and Support:
Money3affiliates.com will provide support for the Service as indicated on the Money3affiliates.com Web site.
Email Contact:
Money3affiliates.com reserves the right to notify publishers via e-mail of allapplicable changes or additions to the Service or any Money3affiliates.com related products and services.
Changes to Service:
Money3affiliates.com reserves the right to change, modify, add or remove portions of this Agreementat any time at its own discretion and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Money3affiliates.com will notify the Publisher via e-mail, newsletter or the Money3affiliates.com Web site at least 7 days prior to any such changes taking effect, at which time Publishers may either agree to such changes or withdraw from the Service.
Registration:
To sign up as an Publisher of Money3affiliates.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
Sites that contain the following materials may not participate in Money3affiliates.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.
As part of the registration process, Publishers will select a username and password combination to be used to access Publishers area within the Service. Publishers shall provide Money3affiliates.com with accurate, complete and updated registration information. Publishers may not impersonate another person, entity or deceive members or other users as to the particular Publisher true identity. Publishers agree that Money3affiliates.com may rely on any data, notice, instruction or request furnished to shareasale.com by You which is reasonably believed by shareasale.com to be genuine and to have been sent or presented by a person reasonably believed by Money3affiliates.com to be authorized to act on a Publisher's behalf. Publisher shall notify Money3affiliates.com by e-mail at affiliate@money3affiliates.com of any known or suspected unauthorized uses of their respective Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of a Publisher's username and/or password. Publishers shall be responsible for maintaining the confidentiality of their username and password and are responsible for all usage and activity on their Account, including use of the account by a third party authorized by the Publisher to use the Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Money3affiliates.com and referral to the appropriate law enforcement agencies.
Accepted Use:
Publishers represent to Money3affiliates.com that all content You provide to the Service is solely owned by himself/herself or provided by the Publisher with the express authority of the company each represents, does not infringe upon the rights ofany other individual's or organization's(including, without limitation, intellectual property rights) and is not defamatory, libelous,unlawful or otherwise objectionable. Publishers 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 Money3affiliates.com may not review all information provided by its Publishers, Publisher shall remain solely responsible for its the content and its Web site. As an Affiliate (publisher), You may ot artificially inflate traffic counts to Merchant site(s) using any device, program, robot or other means. Publishers may not click on their own banners and/or links or submit multiple leads to Our Merchant partners.
Links provided by Money3affiliates.com may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks, unless a written autorization by Money3affiliates.com via email or any other written means. 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, leads, or clicks to the related Money3affiliates.com Merchant for that Link.
Points or reward programs of any kind for CPA, click or lead programs are NOT allowed. Money3affiliates.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS AN ACTIVE MEMBER OF Money3affiliates.com. Once a Publisher is terminated from the Service, Money3affiliates.com reserves the right to withhold monies earned by the publisher within the Service or monies that owed by the Publisher within the Service and publisher will not be allowed to re-join Money3affiliates.com.
LIMITED WARRANTY
THE SOFTWARE PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONEY3AFFILIATES.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SERVICE, OR THE SERVICE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SERVICE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
MONEY3AFFILIATES.COM OR ITS MERCHANTS, RESELLERS OR SUPPLIERS SHALL NOT BE LIABLE TO THE PUBLISHER OR ANY OTHER PERSON OR ENTITY FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MONEY3AFFILIATES.COM SERVICE OR ANY INFORMATION PROVIDED ON THE MONEY3AFFILIATES.COM SITE OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MONEY3AFFILIATES.COM OR A MONEY3AFFILIATES.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR ANY LINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO RESPECTIVE PUBLISHERS. IN SUCH JURISDICTIONS, MONEY3AFFILIATES.COM'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
pUBLISHER agreeS that MONEY3AFFILIATES.COM, although the provider of the Service, has no responsibility or liability as a result of PUBLISHER'S placement of authorized Links from its Website, and Publisher, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless MONEY3AFFILIATES.COM 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.
MONEY3AFFILIATES.COM agrees to indemnify, defend, and hold harmless Publishers, 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 MONEY3AFFILIATES.COM's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
MONEY3AFFILIATES.COM acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Publiishers' company. MONEY3AFFILIATES.COM agrees not to disclose or disseminate any Confidential Information without a Publishers' 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 MONEY3AFFILIATES.COM, that becomes available to MONEY3AFFILIATES.COM from third parties without knowledge by MONEY3AFFILIATES.COM of any breach of fiduciary duty, or that MONEY3AFFILIATES.COM had in its possession prior to the date of this Agreement. MONEY3AFFILIATES.COM does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Oublishers' own transaction reports. Any information received by MONEY3AFFILIATES.COM is used solely for tracking and Commission payment purposes. MONEY3AFFILIATES.COM reserves the right to be able to utilize this data for the purpose of analyzing Service trends, Service efficiencies, and perform such other tasks as MONEY3AFFILIATES.COM deems appropriate.
OWNERSHIP AND LICENSES
As a Publisher, you are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Publishers' use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to the Publisher 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 Merchant’s sole property, including rights in and to any derivatives thereof. Publishers may not modify trademarks, banners, content or any images provided by the Service in any way.
Merchants may, without prior notice,terminate a Publishers' license to use the merchants trademarks if the Merchant reasonably believes that such use damages in any sort of way the value of their trademarks. Publishers acknowledge that the use of the marks will not createnor will represent that the publisher has, any right, title or interest in or to the marks other than the license granted by the Merchant above. Publishers may not challenge the validity of or attempt to register any of the Merchants marks or their interest therein as a licensee, nor will the Publisher adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the Merchants marks. Publisher acknowledges the Merchant’s ownership and exclusive right to use their respective trade marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
REPRESENTATIONS
MONEY3AFFILIATES.COM makes no representations whatsoever about any other which a Publisher may access through the Service. In addition, a link to a non-MONEY3AFFILIATES.COM Web site does not mean that MONEY3AFFILIATES.COM endorses or accepts any responsibility for the content or the use of such site.
NONASSIGNABILITY
Publisher or MONEY3AFFILIATES.COM may assign this Agreement to any successor or Publisher 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.
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.
This Publisher Service Agreement (the "Agreement") is made by and between MONEY3AFFILIATES.COM, and you, as a Publisher ("Affiliate") user of the MONEY3AFFILIATES.COM service ("You", "Your", "Affiliate", "Publisher").
To be an authorized Publisher of MONEY3AFFILIATES.COM, Inc., You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the MONEY3AFFILIATES.COM Service as a Publisher. By signing up for MONEY3AFFILIATES.COM,you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the MONEY3AFFILIATES.COM Service as a Publisher.
