(Terms & Conditions)
This Affiliate Service Agreement (the "Agreement") is made by and between PlumChoice, Inc., a Delaware corporation ("PlumChoice"), and you, as an Affiliate user of the PlumChoice service ("You", "Your", "Affiliate").
To be an authorized Affiliate of PlumChoice, Inc., You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the PlumChoice Service as an Affiliate. By signing up for a PlumChoice Affiliate / Reseller account, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, you may not use the PlumChoice Service as an Affiliate.
PRIVACY POLICYPlumChoice respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You 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. If You have any questions about Your privacy rights, contact us at sales@PlumChoice.com.
The Affiliate agreement is summarized as follows:
You may place our banners anywhere on Your site as You see fit, or within non-spam emails.
We may email You concerning new programs.
We might change the service from time to time.
Placement on or linking from Adult, Hate, or other related sites are not allowed.
You will be paid Your commissions, at such time as Your account balance is $50 or more.
All statistics are collected and calculated by PlumChoice, and will be the only valid stats used for determining commissions.
Any page that contains PlumChoice links, banners, or code must be written in English, Spanish or French.
As an affiliate, You can only have one account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate accounts are strictly prohibited.
International affiliates (those with addresses outside of the 50 United 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 Your country, You must be in Russia.
You agree to hold us harmless for Your actions; specifically, a PlumChoice link on a non-PlumChoice website does not mean that PlumChoice endorses or accepts any responsibility for the content or the use of such website.
You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate Your account on the first offense of SPAMMING. Do not send email to lists or groups that You do not have permission to send to. We cannot stress this enough, we WILL terminate Your account on the first offense.
You may place banners or links within Your newsletters, within the content of Your website, or within other web related content.
Affiliate accounts that are left inactive for more than six (6) months will be removed from our system if the 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 assessed 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 PlumChoice, Inc. based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that PlumChoice has not received any transactions from that affiliate in the prior six (6) months.
NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.
Failure to abide by these rules could mean termination from a given program, or from PlumChoice's affiliate program completely with a complete forfeit of commissions.
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 FRAUD OR ATTEMPTED FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
If You run or utilize an incentive website, You MAY participate in PlumChoice's pay-per-click and pay-per-lead programs ONLY IF You receive specific written (fax or email are ok as well) permission. Without this permission, Your commissions may be voided. You are allowed to participate in any pay-per-sale programs without any special permission.
At PlumChoice, there are two levels of membership: Full and Limited. All affiliates begin at the Limited level, and can participate only in 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.
You cannot refer Yourself as PlumChoice and receive commission.DEFINITIONS
"Performance Marketing" occurs when You and Your individual websites generate traffic ("Affiliates") to PlumChoice's website and the PlumChoice pays a reward when the Visitor referral results in a sale, lead, click, or other measurable action.
"Visitor" means any person, or user that clicks on a Link to a PlumChoice website placed on an Affiliate's website or through other acceptable sales methods.
"Sale Commission" means the Payout that PlumChoice agrees to pay for Visitors referred to the PlumChoice website 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.
"Payout" means the amount sale commission established and agreed upon by PlumChoice and the Affiliate. The Payout may be expressed as a set amount or as a percent of sales.
"Commission" means the amount of sales commission, established and agreed upon by PlumChoice and the Affiliate. The Commission may be expressed as a set amount or as a percent of sales. Unless otherwise noted the Commission amount and schedule shall be 15% payable as set forth herein.
"Link" means a hyperlink placed on an Affiliate's site that, when clicked on, serves a PlumChoice website 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 PlumChoice, and defined only through the Affiliate program on PlumChoice.
"VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by PlumChoice. PlumChoice may VOID transactions that are fraudulent, or in the case of returned service, duplicate transactions, or other valid reasons.
"Your Account" means a separate, specific account within the Service that is credited with Your Commissions and other earnings.
THE SERVICEPlumChoice has developed and operates a service (the "Service") which allows websites to run and/or participate in Performance Marketing programs. You wish to become an Affiliate of PlumChoice and utilize the Service as an Affiliate. As an Affiliate of PlumChoice You will be promoting the PlumChoice service.
LINK PLACEMENTAs an Affiliate of the Service, You may place and remove Links on Your site and in Your email messages at Your discretion.
AFFILIATE PAYMENTYou will receive a Commission for sending PlumChoice authorized sales via Your Links. In order to place Links, You must first be approved by PlumChoice to become an Affiliate of the program. You understand that the Payout amount may be changed at any time, and we will notify You via email of any such change. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from PlumChoice. Payments are made automatically on the twentieth (20th) day of each month when Your 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, PlumChoice may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to PlumChoice
SERVICE AND SUPPORTPlumChoice will provide support for the Service as indicated on the PlumChoice website and according to our standard Terms of Service as modified from time to time at www.plumchoice.com.
EMAIL CONTACTPlumChoice reserves the right to send e-mail to You for the purposes of informing You of applicable changes or additions to the Service or any PlumChoice related products and services.
CHANGES TO THE SERVICEPlumChoice reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, PlumChoice will notify You via e-mail, newsletter or the PlumChoice website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
REGISTRATIONTo sign up as an Affiliate of PlumChoice 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.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN PLUMCHOICE: 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. You shall provide PlumChoice with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that PlumChoice may rely on any data, notice, instruction or request furnished to PlumChoice by You which is reasonably believed by PlumChoice to be genuine and to have been sent or presented by a person reasonably believed by PlumChoice to be authorized to act on Your behalf. You shall notify PlumChoice by e-mail at sales@PlumChoice.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password (as applicable from time to time). You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by PlumChoice and referral to the appropriate law enforcement agencies.
ACCEPTED USEYou represent to PlumChoice that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As PlumChoice may not review all information provided by You, You shall remain solely responsible for Your content and website. As an Affiliate, You may not artificially inflate traffic counts using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. 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 for that Link.
Points or reward programs for click or lead programs are NOT allowed. PlumChoice RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF PlumChoice. If You are terminated from the Service, PlumChoice has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join PlumChoice.
LIMITED WARRANTYThe Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLUMCHOICE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, PLUMCHOICE SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Plumchoice liable for any of the consequences of such interruptions. YOU SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEBSITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITYPLUMCHOICE, ITS SUPPLIERS, OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLUMCHOICE SERVICE OR ANY INFORMATION PROVIDED ON THE PLUMCHOICE WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF PLUMCHOICE OR A PLUMCHOICE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, PLUMCHOICE?S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that PlumChoice, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your website, and You agree to indemnify, defend, and hold harmless PlumChoice 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.
OWNERSHIP AND LICENSESYou, the Affiliate, are granted a non-exclusive, limited, revocable right to use PlumChoice provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain PlumChoice?s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
REPRESENTATIONSPlumChoice makes no representations whatsoever about any other website which You may access through the Service. In addition, a link to a non-PlumChoice website does not mean that PlumChoice endorses or accepts any responsibility for the content or the use of such website.
NONASSIGNABILITYAffiliate may not assign this Agreement to any other party except to a successor; however, Affiliate must provide written notice to PlumChoice and will review such assignment within 30 days of receipt of such notice.
FORCE MAJEURENeither 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.
JURISDICTIONAL ISSUESThis Agreement shall be governed by Massachusetts law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Massachusetts, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
MISCELLANEOUSThis Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY 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.
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