Site Affiliate Agreement
Affiliate Agreement contains the terms and conditions that apply to
an individual's or entity's participation in the (YourTrafficLinks)
referral program (the "Program"). This Agreement covers the
establishment of a http://www.yourtrafficlinks.com Internet portal or "link"
on the applicant's site on the World Wide Web (the "Web").
Throughout this Agreement, (YourTrafficLinks) will be referred to as
"(YourTrafficLinks)", "we" or "our"; and
the referral partner will be referred to as "the Referral
Partner", "you" or "your".
(YourTrafficLinks)'s site on the World Wide Web is referred to herein
as "our web site"; your site on the World Wide Web is
referred to herein as "your web site" or "Referral
Partner Web Site".
participate in YourTrafficLinks's Program you must be a member of the site:
http://www.yourtrafficlinks.com and agree to all the terms
of this operating agreement. YourTrafficLinks may reject any
application for any reason. YourTrafficLinks will reject any
application to place its link on a web site that contains, in
YourTrafficLinks's sole opinion, any objectionable content.
Objectionable content includes content that is unlawful in any
manner, harmful, threatening, defamatory, obscene, offensive,
harassing, sexually explicit, violent, unlawfully discriminatory, or
is otherwise objectionable. YourTrafficLinks will also reject
applications to place its link on a web site that contains links to
and advertisements for web sites with objectionable content, gambling
sites and casinos.
2. Display of http://www.yourtrafficlinks.com's
will provide to you the technical specifications and other
information and logos necessary to establish YourTrafficLinks's
banner, link or Uniform Resource Locator (URL) on your web site. You
agree to display prominently YourTrafficLinks's graphical image file
as provided by YourTrafficLinks on one or more pages on your web site.
You expressly agree that YourTrafficLinks's name, trademark, logo or
any other identifying material will appear on your web page (or on
any other web page under your control) only in the form supplied by
YourTrafficLinks. YourTrafficLinks's graphical image file will provide
a link only to a URL to which YourTrafficLinks has agreed.
YourTrafficLinks may cancel this Agreement at any time if your display
of YourTrafficLinks's logo, trademark or other identifying material
does not meet with YourTrafficLinks's approval. Upon notice from
YourTrafficLinks you must immediately remove all references to
YourTrafficLinks, including its name, logo, trademark, service mark or
any other identifying material from your web site immediately.
each customer who visits YourTrafficLinks's web site through the link
at your web site, or is referred to YourTrafficLinks in writing or by
email, and who purchases YourTrafficLinks products (Products) from
YourTrafficLinks as a result of such link or referral, you will earn a referral commission. In order to be
eligible for a referral commission, the customer must purchase
Products from YourTrafficLinks through the link at your site or
through written contracts or referral. Referral commissions are paid every Sunday. At YourTrafficLinkssole discretion, may refuse any customer.
Payment of Referral Commissions
will receive payment of your referral commission via paypal and/or alertpay, provided you have
supplied a valid paypal and/or alertpay address in your account profile.
customer who visits the YourTrafficLinks web site through the link at
your web site, or is referred to YourTrafficLinks in writing, must
fill out a customer information sheet and be approved by
YourTrafficLinks or its carrier for service. All customer information
is the sole and exclusive property of YourTrafficLinks and the
customer applicant. You do not have any right to either (I)
participate in any aspect of the information process, or (ii) receive
any of the customer's personal information. This policy specifically
prohibits, without limitation, you from receiving customer
information directly from customers and subsequently forwarding the
customer information to YourTrafficLinks. Of course you may request
personal information from customers directly related to your own
activities, registrations, promotions or the like, but we will never
reveal any personally identifying information about customers or a
customer applicant to you. (See Section 15).
a customer provides YourTrafficLinks with customer information, that
customer will be deemed to be a customer of YourTrafficLinks for all
purposes and will be subject to all policies, procedures, rules and
regulations that govern such transactions. YourTrafficLinks may change
any of its policies or procedures at any time, in accordance with
YourTrafficLinksmay be subject to rules and regulations; including without
limitation, the Privacy Statement on YourTrafficLinks's web site,
which specifies how YourTrafficLinks may or may not treat a customer's
personal information. You understand that YourTrafficLinks's web site
and policies are created and operated to abide by all such rules and
regulations and you agree to defend, indemnify and hold harmless
YourTrafficLinks (in accordance with Section 11) from any of your
violations of a customer's privacy rights.
will not receive sales reports from YourTrafficLinks.
our acceptance of your application we will grant to you a limited,
revocable, nonexclusive, non-transferable, non-assignable right to
use YourTrafficLinks's icon, logo and other images and materials
relating to YourTrafficLinks (the "License"), which
YourTrafficLinks provides to you for the limited purpose of fulfilling
this agreement. You may not modify any of YourTrafficLinks's images,
including, but not limited to its icon or logo. This License is
subject to the terms and conditions of this Agreement and is limited
to the sole purpose of participating in the Program, promoting
YourTrafficLinks's products and services on your web site, and for no
other purpose. YourTrafficLinks expressly reserves all of its rights
in and to its trademarks, trade names, icon, logos and other
intellectual property. YourTrafficLinks may revoke this license at any
time by giving you written notice.
are solely responsible for maintaining your web site. YourTrafficLinks has no responsibility for the development, operation or maintenance
of your web site. You are responsible for all technical operations of
your web site, including, without limitation, ensuring that your web
site does not contain libelous or objectionable material, and
ensuring that all material on your web site is legal and does not
infringe on the rights of any third party (including copyright or
trademark rights) or the rights of any customer. YourTrafficLinks is
not responsible for any of these duties and you agree to defend,
indemnify, and hold harmless YourTrafficLinks, its directors,
officers, employees and representatives from and against any and all
claims, actions, causes of action, damages, injuries, expenses
(including attorney's fees) relating to the development, operation,
content and maintenance of your web site, including, without
limitation, any breach of a customer's privacy rights or any
unauthorized use by you of YourTrafficLinks's icon, logo and other
images and materials relating to YourTrafficLinks.
agreement is effective at the time your application is, at the sole
discretion of YourTrafficLinks, accepted by YourTrafficLinks and you
are notified of such acceptance either in writing or electronically.
Either party, with or without cause, may terminate this Agreement by
giving the other party 30 days written notice of the termination.
Referral commissions will be paid only on accounts, which are
eligible under this Agreement, pursuant to Section 4, at or prior to
the time of termination. Upon termination of this Agreement, your
License will expire immediately.
Modification of Agreement
YourTrafficLinksmay modify this agreement at any time by posting a change on our web
site or notifying you by email. YourTrafficLinks may change any of the
terms and conditions of this Agreement. Modifications may include,
but are not limited to, changes in the referral commission structure,
payment procedures, and YourTrafficLinks Referral Partner Program
rules. If any modification is unacceptable to you, your only recourse
is to terminate this Agreement. Your continued participation in the
YourTrafficLinks Referral Partner Program following our posting of a
change notice or new agreement on our site will constitute binding
acceptance of the change.
Modification of Banner
at its sole discretion, may change the "look and feel" of
the banner or link that you have placed on your web site. If you
object to the new "look and feel" of the banner that is on
your site, YourTrafficLinks will direct you to an area on its web site
where other banners will be available for downloading.
Relationship of Parties
and YourTrafficLinks are independent contractors for all purposes.
Nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative or employment relationship
between the parties. You have no authority to act on
YourTrafficLinks's behalf. Your display of YourTrafficLinks's logo
and/or trademark as well as all other content on your web site, or
any direct contact you have with any customer or customer account
applicant must not contradict this fact.
shall not create, publish, distribute, or permit any written or
electronic material that makes reference to YourTrafficLinks without
first submitting such material to us and receiving our written
Limitation of Liability
will not be liable for indirect, special or consequential damages (or
loss of revenue, profits, or data) arising in connection this
Agreement even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to
this Agreement will not exceed the total referral commissions paid or
payable to you under this Agreement.
make no express or implied warranties or representations with respect
to the Program or this Agreement or any products or services sold by
YourTrafficLinks. In addition, we make no representation that the
operation of our web site will be uninterrupted or error-free and we
will not be liable for the consequences of any interruptions or
18. Governing Law and Venue
Agreement shall be governed by and construed in accordance with the
laws of the State of Missouri, without giving effect to any
principles of conflicts of law. Taney County, Missouri shall be the
proper place of venue for all suits to enforce this Agreement, and
any legal proceedings to enforce the provisions hereof shall be
brought EXCLUSIVELY in the District Courts of Taney County,