Partner Sites:
Free Simple Directory
Online Marketing
www.hotforgames.com
Restuarant Guide
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This Agreement contains the complete terms and conditions that apply
to an individual's or entity's participation in the CGIAdmin.com
Affiliate Program (the "Program"). As used in this Agreement,
"we" means CGIAdmin.com and/or Casselware, Inc., and "you"
means the applicant. "Site" means a World Wide Web site
and, depending on the context, refers either to CGIAdmin.com's
site or to the site that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via our site. We will evaluate your application in good
faith and will notify you of your acceptance or rejection. We may
reject your application if we determine (in our sole discretion) that
your site is unsuitable for the Program. Unsuitable sites include
sites that:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
promote illegal activities
violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program
at any time.
2. Order Processing
We will process orders placed by customers who follow special links
from your site to CGIAdmin.com. We reserve the right to reject
orders that do not comply with any requirements that we periodically
may establish. We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order forms;
process payments, cancellations, and returns; and handle customer
service. We will track sales made to customers who purchase software
using special links from your site to our site, you can access your
current stats, rank, and credit information at anytime from our site.
To permit accurate tracking, reporting, and fee accrual, you must
ensure that the special links
between your site and our site are properly formatted.
3. Referral Fees
We will pay you referral fees on software sales to third parties.
For a sale to generate a referral fee, the customer must follow a
special link from your site to our site, purchase the software using
our automated ordering system, and remit full payment to us.
The Program is intended for commercial use only, and you may not purchase
software through the Program for your own use. Such purchases may
result (in our sole discretion) in the withholding of referral fees
or the termination of this Agreement.
4. Fee Schedule
You will earn referral fees based on the sale price of software, according
to fee schedules to be established by us.
The current fee schedule is: 15% for all referral sales from your site!
5. Fee Payment
We will pay you referral fees on a quarterly basis. Approximately
30 days following the end of each calendar quarter, we will send you
a check for the referral fees earned on sales that were shipped during
that quarter, less
any taxes that we are required by law to withhold. However, if the
fees payable to you for any calendar quarter are less than $50.00,
we will hold those fees until the total amount due is at least $50.00
or (if earlier) until this Agreement is terminated. If the software
that generated a referral fee is returned by the customer, we will
deduct the corresponding fee from your next quarterly payment. If
there is no subsequent payment, we will send you a bill for the fee.
6. Policies and Pricing
Customers who buy spftware through this Program will be deemed to
be customers of CGIAdmin.com. Accordingly, all CGIAdmin.com
rules, policies, and operating procedures concerning customer orders,
customer service, and book sales will apply to those customers. We
may change our policies and operating procedures at any time. For
example, we will determine the prices to be charged for software sold
under this Program in accordance with our own pricing policies. Software
prices and availability may vary from time to time. Because price
changes may affect software that you already have listed on your site,
you may not include price information in your software descriptions.
We will
use commercially reasonable efforts to present accurate information,
but we cannot guarantee the availability or price of any particular
software.
7. Identifying Yourself as an Partner
We will make available to you a small graphic image that identifies
your site as a Program participant. You will prominently display this
logo or the phrase "In association with CGIAdmin.com"
somewhere on your site.
8. Responsibility for Your Site
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: the technical
operation of your site and all related equipment creating and posting
software descriptions on your site and linking those descriptions
to our site the accuracy and appropriateness of materials posted on
your site ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary
rights) ensuring that materials posted on your site are not libelous
or otherwise illegal
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.
9. Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your
Program 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, and fees earned through the date of termination will remain
payable only if the related software orders are not canceled or returned.
We may withhold your final payment for a reasonable time to ensure
that the correct amount is paid.
10. 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 our 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.
11. Relationship of Parties
You and we 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 Section.
12. 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.
13. Disclaimers
We make no express or implied warranties or representations with respect
to the Program or any software sold through the Program (including,
without limitation, warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of a course of performance,
dealing, or trade usage). In addition, we make no representation that
the operation of our site will be uninterrupted or error-free, and
we will not be liable for the
consequences of any interruptions or errors.
14. 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.
15. Miscellaneous
This Agreement will be governed by the laws of the United States and
the State of Washington, without reference to rules governing choice
of laws. Any action relating to this Agreement must be brought in
the federal or state
courts located in Myrtle Beach, South Carolina, 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 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.
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