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TERMS OF AGREEMENT
1) Terms 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) Enrollment Process: To begin the enrollment process, Affiliate will submit an application via WNCash. WNCash may reject Affiliate's application if WNCash determines that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to, the Affiliate's site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights. Rejection of application may also occur if any information on the application is falsified. Affiliate may not, at any time, use his or her affiliate account to become a member of any WNCash site.
3) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. 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 POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) 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.
5) 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.
6) SPAM: WNCash has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of 'opt in' that will undermine the validity of the Spam complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
7) Miscellaneous: This Agreement will be governed by the laws of the home state of WNCash. Any action relating to this Agreement must be brought in the federal or state courts located in the home state of WNCash, and you irrevocably consent to the jurisdiction of such courts. 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.
8) Linking: We will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. These Link Materials are available in your affiliate login panel in the 'TOOLS' area. 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 may include Link Materials in mailings to your opted-in lists (see section 6 regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to WNCash web sites, 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. Use of graphics or videos from sources other than WNCash, to direct traffic to our sites, is strictly prohibited and will result in cancellation of the affiliate account and all future revenue sharing payments.
The trademark names and phrases of WNCash web sites may not be used in any type of search engine listings, any kind of directory listings, in web page meta tags, or in any url. Use of trademark names and phrases is considered trademark infringement and will result in cancellation of the affiliate account and all future AND PAST revenue sharing payments. WNCash and its parent company reserve the right to seek legal remedies against any person, company or entity that infringes on our trademarks.
All links must send traffic to the Warning Entry page designated by our system. Linking into an internal page of any WNCash web sites will result in cancellation of the affiliate account and all future revenue sharing payments.
9) Tracking: WNCash utilizes CCBill's Affiliate Tracking Program which will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. WNCash, through CCBill, 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 WNCash, via CCBill, to track sales, affiliates hereby acknowledge and accept that the tracking system employed by WNCash 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:
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 these 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.
11) Relationship of Parties: WNCash and your company are independent contractors, 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.
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