Cashmap.com Affiliate Partner Agreement
Effective November 25, 2009
This agreement describes the entire terms and conditions for participation in the Cashmap.com Partner Affiliate Program. In this agreement, the term “Participant” refers to you (the applicant), and “sponsoring web site” refers to the web site from which you will link to us. We reserve the right to modify this partner affiliate agreement at any time. Any such modifications will be promptly reflected in the affected web pages.
Cashmap.com is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the (“Product”). Product refers to the singular as well as the plural. You can add or remove links any time you wish.
You may add as many links pointing to our site, or remove such links, at any time and without prior approval from Cashmap.com.
LICENSE
a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE CASHMAP.COM TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO US BUT ONLY IN THE FORMS THAT WE PROVIDE TO YOU (COLLECTIVELY, THE “LICENSED MATERIALS”), FOR THE SOLE PURPOSE OF LINKING YOUR SITE TO OUR SITE, WHERE YOUR USERS CAN PURCHASE PRODUCTS OR SERVICES FROM OUR SITE. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY. WE RESERVE ALL OF OUR RIGHTS IN THE LICENSED MATERIALS. YOU ACCEPT THESE RIGHTS AND LICENSES SUBJECT TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.
b. You acknowledge Cashmap.com’s ownership in its Licensed Materials, agree that you will not do anything inconsistent with Cashmap.com’s ownership and that all of your use of the Licensed Materials will inure to the benefit of and be on behalf of Cashmap.com, and agree to assist Cashmap.com in recording this Agreement with appropriate government authorities. You agree that nothing is this Agreement gives you any right, title or interest in the Licensed Materials other than the right to use the Licensed Materials in accordance with this Agreement. You also agree that you will not attack the title of Cashmap.com to the Licensed Materials or the validity of the Licensed Materials or this Agreement.
c. You agree that the nature and quality of all services provided by you in connection with this Agreement and all related advertising and promotional uses shall conform to high standards of quality and will not impugn the goodwill of Cashmap.com or the Licensed Materials. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light.
d. You agree to use the Licensed Materials only in the form and manner and with appropriate legends as provided from time to time by Cashmap.com, and not to use any other trademark or service mark in combination with the trademark or service mark or name of CASHMAP.COM.
e. You agree to not use, register or seek to register any trademark, service mark or domain name that contains the words “Cashmap.com,” “Cashmap,” “Cashmaps,” “Cashmapper” and “Cashmapping”, or any variations or misspelling of them, or is any way confusingly similar to “Cashmap.com”. If you do, you agree to transfer the registrations, at your expense, to Cashmap.com at the request of Cashmap.com and to cooperate by providing any information, signing any documents and providing appropriate authorizations necessary to accomplish the transfer.
f. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license at any time in our sole discretion, by terminating the relationship between you and Cashmap.com via the affiliate account interface. If we give you such notice, you must immediately discontinue all use of the Licensed Materials.
g. You grant to us a non-exclusive license, for the term of this Agreement, to utilize your names, titles, and logos, as the same may be amended from time to time to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize.
OBLIGATIONS REGARDING YOUR SITE
a. You are solely responsible for, and we have no liability for, the development, operation, or maintenance of your site, or for any materials contained on your site.
b. You agree that your site will not, in any way, copy or resemble the look and feel of our site, nor will you create the impression that your site is our site or is a part of our site, nor will you frame any page on the Cashmap.com Web site being viewed by a user of your site who links to the Cashmap.com Web site through a Link.
c. You agree that your site does not currently contain and will not contain any content, or links to such material, that is in any way unlawful, harmful, threatening, harassing, defamatory, obscene, or violence.
d. You also agree that your site will not contain any content from our site or any materials that are proprietary to Cashmap.com, except with our prior written permission, or to the extent that materials are obtained by you strictly in accordance with the provisions of this Agreement. You agree not to purchase or otherwise contract with any third party to exploit any of the Cashmap.com marks for the purpose of causing the Publisher site to appear as a search result in any search engine or for any other reason.
e. You agree that your Publisher site will not use any form of mass email communication (“spam”) as a marketing tool for the site or for any other purpose related to this Agreement and that any mass email generated by you or your Publisher site will conform in all respects with all applicable local, state and federal laws, regulations and rules including the CAN-SPAM Act.
f. When promoting Cashmap.com via external paid search engines, which may include, but are not limited to, entities such as Google, Yahoo! and MSN, the following guidelines must be followed: (i) you must not give the impression that you are, or represent, Cashmap.com, through use of phrases such as ‘Official Site’; (ii) you must not bid on select trademarks and brand names designated by Cashmap.com, including but not limited to: “Cashmap.com™” and “Cashmap®”; (iii) you must not outbid Cashmap.com for top placement on select trademarks and trade names designated by Cashmap.com, including but not limited to: “Cashmap”, “Cashmaps” or any specific Cashmap package name; (iv) you must not target the brand names of any entities that are direct competitors of Cashmap.com, or otherwise engage in marketing practices that are illegal or violate the rights of any third party; and (v) you must ensure that all copy used for search and keyword purposes is appropriate and 100% accurate and does not contain any claims that could be construed to be false or misleading. You agree that, following notice from Cashmap.com, you will promptly remove any search listing containing copy and/or creative components that Cashmap.com, in its sole discretion, deems inappropriate for any reason.
g. You agree that your Publisher site, and any other web site operated by you or related to your Publisher site, will not, and will not permit users to, post on the site or any bulletin board or chat room associated with the site any information relating to the Cashmap.com Web Site that may be used by others to take advantage of errors or anomalies discovered on the Cashmap.com Web Site (e.g., pricing errors, shopping cart errors, discount calculations) to the disadvantage of Cashmap.com. In the event any such information is posted to the Publisher or related web site, you agree to remove it promptly upon becoming aware of such information and take steps to discourage your users from posting such information. In addition, you agree that you have an affirmative duty, as an affiliate partner of Cashmap.com, to inform Cashmap.com at partners [AT] Cashmap [DOT] com promptly upon discovering any errors or anomalies on the Cashmap.com Web Site. Failure to abide by these terms may lead to a loss of unpaid commissions from Cashmap.com to you, or termination.
AFFILIATE SALES COMMISSIONS
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by Cashmap.com in the future, Cashmap.com shall pay the Affiliate a sales commission of 25% of the sale price. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns (“Sales Commission”).
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which Cashmap.com has received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions, based upon the commission amounts as specified for each individual Cashmap product. Affiliate compensation varies by product or promotional activity. Cashmap.com reserves the right to change the affiliate sales commissions amount program wide and/or by product at any time and for any reason.
The sale of products or subscriptions that do not have a guarantee period will be made on the 25th of every month. Commissions on one-time purchases and the first month of any recurring subscription will be paid on the 25th of the month following the completion of any guarantee periods. Participant can check the status of commissions earned at any time by logging into their affiliate account manager.
DELIVERY AND ORDER PROCESSING
Cashmap.com will be solely responsible for processing every order placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Cashmap.com.
All of the rules, operating procedures and policies of Cashmap.com regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. Cashmap.com reserves the right to reject any order at its sole discretion.
COPYRIGHTED MATERIAL
The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold Cashmap.com harmless for any violations thereof.
CUSTOMERS OF CASHMAP.COM
Every customer who purchases a product is deemed to be a customer of Cashmap.com. Cashmap.com is not responsible for any representations made by the Participant which contradict our policies.
PRICING AND AVAILABILITY
All prices shall be established by Cashmap.com. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.
OPERATION OF WEBSITE AND PROCESSING
Cashmap.com will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Cashmap.com shall not be liable for any of the consequences of service interruptions, which may occur.
MODIFICATION AND CANCELLATION
Cashmap.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.
INDEPENDENT CONTRACTORS
Participant of Cashmap.com’s affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
TERM AND TERMINATION
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Cashmap.com or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Cashmap.com Site, and all Cashmap.com trademarks and logos, other Cashmap.com Marks and all other materials provided in connection with this Agreement. We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that: Promote sexually explicit materials; Promote violence; Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities; or Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
COMPLIANCE WITH APPLICABLE LAWS
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate’s Web Site, and for ensuring that your activities and materials posted on Affiliate’s Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Cashmap.com harmless for any violations of the foregoing. Cashmap.com disclaims all liability for these matters.
LIMITATIONS OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, CASHMAP.COM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF CASHMAP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CASHMAP.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
MEDIATION AND ARBITRATION
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Lake County, FL. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Lake County, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.
ENTIRE AGREEMENT
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
ASSIGNMENT
You may not assign your rights or obligations under this Agreement to any party.
APPLICABLE LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws, rules and principles thereof.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
NOTICES
Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide. You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
