LinkElevator Affiliate Program
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Terms of Service
--- TERMS OF SERVICE --- Affiliate Program Terms and Conditions Before you can become a participant in the LinkElevator.com Affiliate Program, you must first read and unconditionally agree to all of the following terms and conditions. This document is a legal agreement between Island Media, Ltd. and you, the affiliate. Affiliate participation in the Program is subject to all the terms, conditions, limitations and waivers below. The Affiliate acknowledges and agrees that by participating in the Program the Affiliate will be unconditionally bound by all the terms and conditions in this Agreement. Participation In The Program LinkElevator retains sole discretion to admit or deny participation in the Program, and reserves the right to terminate an Affiliate if he/she does not follow correct linking guidelines or contains content within the website or hyperlinks to any of the below activities: (LinkElevator MAINTAINS A ZERO TOLERANCE POLICY, WE WILL TERMINATE YOUR ACCOUNT IMMEDIATELY IF YOUR WEBSITE IS FOUND TO HAVE ANY OF THE FOLLOWING) * INDECENT OR PORNOGRAPHIC MATERIAL. * SOFTWARE PIRATING OR ANY SITE THAT VIOLATES THIRD PARTY INTELLECTUAL PROPERTY RIGHTS (i.e. Warez). * MP3 SITES THAT DO NOT HAVE THE LEGAL RIGHT TO DISTRIBUTE MP3 FILES * HACKING /PHREAKING OR ANY OTHER SITE INVADING THE RIGHTS OF COMPUTER USERS. * ANY MATERIAL WHICH IS THREATENING , ABUSIVE, HATEFUL, DEFAMATORY, LIBELOUS, SLANDEROUS, OR INJURIOUS TO THE REPUTATION OF ANY INDIVIDUAL OR ENTITY * ACTIVITY GENERATED WITHOUT CODE PLACED ON APPROVED WEBSITES, OR ACTIVITY ON UNAPPROVED WEBSITES * INCENTIVE BASED WEBSITES * ACTIVITY GENERATED FROM UNASSIGNED IP ADDRESSES OR FROM ABNORMALLY HIGH CLICK-THROUGH-RATES * SPAMMING - THE PRACTICE OF SENDING UNSOLICITED EMAIL. * LOADING OF RESULTS IN ANY POP UP WINDOWS OR CONSOLES * ANY ILLEGAL ACTIVITY. * ANY ACTIVITY THAT WE DEEM UNFIT FOR OUR ADVERTISERS PAYMENTS Island Media offers one payment program with the LinkElevator program. 25% of the revenue generated by your referred advertiser sales 5% of the revenue generated by your referred publisher sales Payments are made on a net 15 basis by Paypal only. No other payment method is supported. All payments are made in regular cycles unless an account falls below a $25 minimum balance. If your account has earned less that $25 in any given month, that balance will be carried over from month to month until it has reached a total balance of $25 or more. Island Media reserves the right to withhold any Affiliate payments until we collect from our advertisers. In the case of non-payment, all efforts will be made to recover income in oder to compensate Affiliates; however, no warranty or claim is made to guarantee the schedule or amount of any payments to any Affiliate. WARRANTIES; LIMITATION OF LIABILITY You, as Site Operator, warrant and represent that you own or operate a lawful, and otherwise valid Internet Web site. You further represent that you have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein and that you are an adult at least eighteen (18) years of age; that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by you; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude you from entering into this Agreement. You shall indemnify Island Media, and its officers, directors, employees and assigns against any loss, damage, liability (including reasonable legal fees) which result from the use of any Island Media materials not expressly authorized by this Agreement. Island Media. makes no warranties, either express or implied, with regard to the performance of the link or the content of Island Media's Site(s) and Island Media expressly disclaims any warranties, including that of merchantability or fitness for a particular purpose. Island Media. shall not be held liable to the site operator or any other person or entity, including users of Island Media's programs, for any losses, injuries or damages of any kind, arising from or in connection with any mistakes, omissions, delays, errors, interruptions in the transmission or receipt of Island Media's programs or content. PROPRIETARY RIGHTS TO CONTENT You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics, data, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented by LinkElevator.com, or LinkElevator.com's advertisers or other content providers to visitors who click on through the program, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Additionally, you guarantee that all content, products, and program on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material. TERMINATION The term of this Agreement shall be indefinite. Island Media reserves the right to terminate this Agreement at any time, without cause. Delivery of notice via e-mail shall be considered sufficient notice to you. Upon termination of this Agreement you shall immediately cease using LinkElevator.com's and or LinkElevator.com's marks and remove all banner(s) or text-link(s) from your site. Any warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement. Upon termination of this Agreement you shall be entitled to all unpaid commissions earned prior to the date and hour of termination. However, you shall not be entitled to receive commissions for clicks delivered after the date of termination. Please note: final payouts are made only if your account balance exceeds $50.00. Island Media reserves the right to terminate LinkElevator.com affiliates from the LinkElevator.com Program without advance notification for any reason. In such case you will be notified by e-mail immediately and paid for all click-throughs accumulated up to that point in time, except in cases where it is determined you have violated this agreement in any material way, or if your account balance does not exceed $50.00. By way of example, but not limitation, material breaches would include the use of blind links, hits coming from any type of meta tag refreshers,bots,proxy clicks,spamming,auto-hits,or hits generated by javascript or other means deemed unacceptable by LinkElevator or Island Media. MODIFICATIONS Island Media reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with any changes to the terms and conditions within 15 days of the date of change. GENERAL This agreement is governed by the laws of the Province of British Columbia and Canada. Use of the program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LinkElevator.com as a result of this agreement or use of the program. LinkElevator.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LinkElevator.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the program or information provided to or gathered by LinkElevator.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Affiliate Webmaster and LinkElevator.com with respect to the program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Affiliate and LinkElevator.com with respect to the program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and LinkElevator.com agree that any cause of action arising out of or related to the program must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
I agree to the Terms of Service shown above.
© 2008
Island Media
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