|
| Only new subscribers from whom Hogs4sale.com
actually collects cash for motorcycle ads on the Hogs4sale.com Web site via
valid credit card, check or money order or other means will qualify as a new
subscriber on which the bounty fee will be paid. Hogs4sale.com reserves the
right to not pay a new subscriber bounty on any subscriber who was previously a Hogs4sale.com
customer. Qualifying new subscribers do not include users of Hogs4sale.com who
purchase any other services or goods on the Hogs4sale.com Web site (e.g. Hogs4sale.com
consignment bikes, web design, web hosting and parts for sale) aside from
motorcycle classified advertisements. |
| All affiliate commissions are
calculated based on the gross amount of classified advertisement dollars earned,
less charge-backs, refunds, and other transactions that may occur during the
first fifteen days of the reported calendar month. |
| |
| 4. Bounty Fee Payments: |
| You will receive your payments by
check . Hogs4sale.com will send the bounty fee payment (less any taxes required
to be withheld under applicable law). A statement of customer purchase activity
will be mailed with your check. The participant will receive a check within 30
days after the 1st of each calendar month. |
|
| 5. Refunds, Charge-backs and Bad
Checks: |
| If an advertiser is refunded or a
credit card charged back is received concerning the advertiser, or if an
advertiser's check does not clear, the referral/bounty fee, and any affiliated
charge back fees, will be deducted from the next monthly payment sent to the
Affiliate. Additionally, all affiliate commissions are calculated based on the
gross amount of advertisements earned, less charge-backs, refunds and other
transactions that may occur during the first fourteen days of the reported
calendar month. |
| 6. Advertisement Payment
Processing: |
| Hogs4sale.com will be solely
responsible for processing every advertisement placed by a customer on the
Affiliate's Personals Pages. Advertisement orders will be accepted via the Hogs4sale.com
online ordering process. Payment processing, cancellations and refund
processing, and related customer service are the responsibility of Hogs4sale.com.
All of the rules, operating procedures and policies of Hogs4sale.com regarding
customer advertisements will apply to all advertisement orders we receive
through the Affiliate's Personals Pages. Hogs4sale.com reserves the right to
reject any advertisement order that does not comply with our rules, operating
procedures and/or policies. Affiliate is not permitted to make any exceptions
from these rules or otherwise communicate with advertisers about these rules
except with Hogs4sale.com's prior authorization. |
|
| 7. Tracking of Advertisement Sales: |
| Affiliate tracking will be done
through the hogs4sale.com affiliate login script and will show the number if
clicks and sales referred by each affiliate. Statements of advertisement sales
activity will be provided to the Affiliate. To protect Hogs4sale.com customer
privacy, the names or other personal information about specific customers will
not be provided to the Affiliate but shall be retained exclusively by Hogs4sale.com.
In addition, all personal information about specific customers collected by Hogs4sale.com
shall be owned solely and exclusively by Hogs4sale.com. Affiliate agrees to
comply with the posted Hogs4sale.com privacy policy, as it may be changed from
time to time, with regard to any personal information collected by Affiliate
from advertisers of Hogs4sale.com in their status of Hogs4sale.com
advertisers. Affiliate need not comply with the Hogs4sale.com privacy
policy in its other dealings with persons who are also Hogs4sale.com advertisers
as long as it is clear to the advertiser that they are not dealing with
Affiliate as a representative of Hogs4sale.com when such information is being
collected. |
|
| 8. Time Limitations For
Depositing Affiliate Checks: |
| United States (US) residents are
required to cash or deposit any check from Hogs4sale.com within ninety (90) days
of the date the check was issued. Hogs4sale.com is not required to reissue
payment for affiliate checks older than ninety (90) days. Because of the expense
involved for non-US residents to cash or deposit checks for US funds, non-US
residents are allowed to hold onto their checks for a period of up to 180 days
(6 months) after the first check or group of checks was issued. After this
180-day period has expired, the affiliate must return the checks by mail within
30 days to receive one check for the total amount of all the checks combined. Hogs4sale.com
is not required to reissue payment for affiliate checks received after this time
(total of 210 days from the date of the first check that is issued). |
|
| 9. Lost, Stolen, Or Destroyed
Checks: |
| It is the responsibility of the
Affiliate to request in writing a reissue of lost, stolen or destroyed checks
within the ninety (90) day period outlined above. The request must include as
much information about the dates and earnings in question as possible, including
the ID number of the account and to whom the check was issued. Email requests
are sufficient. Reissued checks are held to the same ninety (90) day expiration
rules. All bank fees related to the issuance of replacement checks or other
payments, including charges for stop orders on previously issued checks, shall
be the charged to the Affiliate. Hogs4sale.com often receives returned checks
because the mailing address provided by the affiliate was incorrect or
insufficient. In these cases, we will contact the Affiliate upon receipt of the
returned check. It is the responsibility of the Affiliate to respond and correct
the information as necessary. After ninety (90) days without a reply from the
affiliate regarding the issue, the check will become voided, and Hogs4sale.com
will not be required to re-issue payment. After 180 days (6 months) without a
reply from the Affiliate, all payments will become null and void, and the
Affiliate account will be terminated. |
|
| 10. Copyrighted material: |
As an Affiliate, you are solely
responsible for ensuring that any and all materials provided by you, including
your logo and preamble text do not infringe upon the rights, including the
intellectual property rights, of any third parties. You must have express
permission to use another party's copyrighted material. Hogs4sale.com will not
be responsible if you use another party's copyrighted material in violation of
the law. Between Hogs4sale.com and Affiliate, the following will apply:
A. Each party shall retain all right, title and interest in and to its
respective trademarks, service marks and trade names worldwide
("Intellectual Property") subject to a limited non-exclusive,
non-transferable license necessary to perform this Agreement. Each party grants
the other a royalty-free, non-exclusive, non-transferable license, during the
term of this Agreement to include such party's pre-approved Intellectual
Property solely in connection with the promotions and marketing contemplated
hereunder as set forth above.
B. Each party shall use the other's Intellectual Property only as
provided, and shall not alter the Intellectual Property in any way, nor shall it
act or permit action in any way that would impair the rights of the owning party
in its Intellectual Property. Each party acknowledges that its use of the other
party's Intellectual Property shall not create any right, title or interest in
or to such Intellectual Property. Each party shall have the right to monitor the
quality of the other party's use of its Intellectual Property. Any references to
a party's Intellectual Property shall contain the appropriate trademark,
copyright or other legal notice provided from time to time by owning party.
C. Neither party may alter or remove any proprietary notices from the
other's Intellectual Property. Any goodwill accruing from the use of such
Intellectual property shall inure to the licensor of such Intellectual Property
hereunder.
D. Each party expressly reserves all rights not granted to the other
party herein.
E. Affiliates are prohibited from using the individual profiles and
information of Hogs4sale.com advertiser on their referring affiliate site or
anywhere else. Any use of a Hogs4sale.com advertiser profile as an advertisement
or for any other use on a Hogs4sale.com referring affiliate site or elsewhere is
strictly prohibited and unauthorized. Doing so violates the privacy policy of
the Hogs4sale.com User Agreement and will result in immediate termination or
suspension of your affiliation with Hogs4sale.com. |
|
| 11. Hogs4sale.com Policies Apply
to All Orders: |
| Every customer who buys an
advertisement through this program is deemed to be a customer of Hogs4sale.com.
Affiliate does not have the authority to make or accept any offer on behalf of Hogs4sale.com.
All Hogs4sale.com policies regarding customer orders, including pricing and
problem resolution, will apply to these customers. Hogs4sale.com is not
responsible for any representations made by Affiliate that contradict our
policies. |
|
| 12. Prices and Availability: |
| The price charged for advertisements
sold under this program will be determined by Hogs4sale.com according to our own
pricing policies. Prices may vary from time to time as determined in Hogs4sale.com's
sole discretion. Hogs4sale.com policies will always determine the price paid by
the customer. |
| |
| 13. Acknowledging Hogs4sale.com
on the Sponsoring Web site: |
| A small graphic image will be
displayed on the Affiliate's Personals Pages that identifies the sponsoring Web
site as a Hogs4sale.com Affiliates Program Participant. The image and the phrase
"... in association with the Hogs4sale.com Affiliate Network" will be
prominently displayed on all Affiliate's Personals Pages. |
| |
| 14. Prohibited Content: |
| No website which is a member of the Hogs4sale.com
Affiliate Program may display any of the following content or engage in any of
the following activity. Hogs4sale.com reserves the right to immediately
terminate this Agreement and to remove all Hogs4sale.com Intellectual Property
from Affiliate's site and to sever all links to the Affiliate's Personals Pages
if any of the following content or activity is present: |
- Sexually explicit material (pornography);
- Violent images or messages that promote violence;
- Promotion of discrimination based on race, sex, religion, national origin,
physical disability, sexual orientation or age;
- Promotion of illegal activities;
- Promotion or display of defamatory, libelous or harmful material or material
that otherwise infringes upon the rights of any third parties;
- Content that is inconsistent with Hogs4sale.com's policies and/or practices.
|
|
| 15. Web Site Service
Interruption: |
| Hogs4sale.com will make every effort
to keep its Web site operational. However, certain technical difficulties may,
from time to time, result in temporary service interruptions. Affiliate agrees
not to hold Hogs4sale.com liable for any of the consequences of such
interruptions. |
| |
| 16. Term of the Agreement: |
| Affiliate will receive bounty fee
payments on advertisements that are placed during the term of this agreement.
Bounty fees earned through the date of expiration or cancellation of this
agreement will remain payable only if the subscriptions are not refunded.
Payment of the final referral/bounty fee payment to Affiliate may be withheld
for a reasonable time in order to ensure that the correct amount is paid. |
| |
| 17. Modifications: |
| Hogs4sale.com reserves the right to
change any of the terms and conditions in this Agreement, at any time and in its
sole discretion, upon prior notice to Affiliate by posting a new agreement on
our Web site. Such new terms will take effect 10 days after posting. Without
limiting the generality of the foregoing, referral/bounty fee schedules, and all
other provisions of this Agreement are subject to change without notice other
than posting such information on our Web site, except that we will not reduce
the referral/bounty fees on subscriptions purchased prior to the effective date
of the modifications to this Agreement. Affiliate may not change or modify this
Agreement. |
| |
| 18. Cancellation of this
Agreement: |
| Either party, acting in their sole
discretion, may choose to cancel this Agreement at any time by written notice of
cancellation to the other. Such cancellation will be effective 3 days after
notice to the other party unless the Agreement is terminated by Hogs4sale.com
for violation of Section 15, in which case termination will be effective
immediately upon notice to the Affiliate by Hogs4sale.com. Affiliates should
know that Hogs4sale.com intends to terminate any Affiliate that generates $0
referral/bounty fees during a consecutive 120 day period. |
| |
| 19. Warranty Disclaimer: |
| Hogs4sale.com makes no warranties,
representations or conditions with regard to the program or, except as expressly
set forth in Hogs4sale.com then current terms and conditions which are posted on
the Web site, any advertisements sold hereunder, whether express or implied,
arising by law or otherwise, including without limitation any implied warranty
of merchantability or fitness for a particular purpose or non-infringement or
any implied warranty arising out of course of performance, course of dealing or
usage of trade. Further, Hogs4sale.com expressly disavows any obligation to
indemnify Affiliate or any of its representatives or owners in connection with
any lawsuit or other proceeding arising out of any of Affiliate's users use of Hogs4sale.com. |
|
| 20. Limitation of Damages: |
| Hogs4sale.com shall have no
liability for any indirect, incidental, special or consequential damages or any
loss of revenue or profits arising under or with respect to this Agreement or
the program, even if Hogs4sale.com has been advised of the possibility of such
damages. Further, Hogs4sale.com's aggregate liability arising under or with
respect to this agreement or the program shall in no event exceed the total
referral fees paid or payable by Hogs4sale.com to Affiliate under this
Agreement. |
| |
| 21. Representations and
Warranties: |
| Affiliate represents and warrants
that it has the necessary and full rights, power, authority and capabilities to
enter into this Agreement and to perform its obligations hereunder; that it owns
or controls the rights granted or licensed to the other party herein; and that
the execution of and performance of its obligations under this Agreement will
not violate the rights of any third party, nor any applicable federal, state and
local law or regulation. |
| |
| 22. Indemnification: |
| Affiliate shall defend, indemnify
and hold harmless Hogs4sale.com, its parent, subsidiary and affiliated companies
and its and their directors, officers, employees, affiliates and agents, against
any claim, demand, cause of action, debt or liability, including reasonable
attorney's fees, to the extent that (i) it is based upon a breach of Affiliate's
representations, warranties or obligations hereunder; (ii) it arises out of the
negligence or willful misconduct of Affiliate; or (iii) it is based upon
Affiliate's violation of any applicable federal, state or local law or
regulation in providing products or services hereunder. |
| |
| 23. Miscellaneous: |
| Affiliate and Hogs4sale.com are
independent contractors and nothing in this agreement is intended to or will
create any form of partnership, joint venture, agency, franchise, sales
representative or employment relationship between the parties. Affiliate shall
not assign this Agreement, by operation of law or otherwise, without the prior
written consent of Hogs4sale.com. Subject to the foregoing restriction, this
Agreement is binding upon, insures to the benefit of and is enforceable by the
parties and their respective successors and assigns. Affiliate and Hogs4sale.com
agree that the terms of this Agreement and the Agreement itself are confidential
and neither party shall divulge the business terms and conditions of this
Agreement or the existence of the Agreement itself without the prior written
consent of the other party. |
| |
| 24. Governing Law: |
| This Agreement shall be governed by
the laws of the United States and the State of Florida without reference to its
choice of law principles. |