Representations and Warranties:
The program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kinds, whether expressed, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular usage, and non-infringement. Affiliate is solely responsible for any legal liabilities arising out of or relating to (i) the content and other material set forth on the Affiliate Websites and/or (ii) any content or material to which users can link through the Affiliate Websites (other than through an advertisement supplied by AdOnion.com, Yesup Ecommerce Solutions Inc.). Affiliate hereby agrees to indemnify, defend and hold harmless AdOnion.com, Yesup Ecommerce Solutions Inc. and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims.
Damages:
In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising there under or from the provision of services.
Limitation of Liability:
Neither AdOnion.com, Yesup Ecommerce Solutions Inc. nor its Customers will be subject to any liability whatsoever for
- Any failures to provide reference or access to all or any part of the Website due to systems failures or other technological failures of AdOnion.com, Yesup Ecommerce Solutions Inc. or of the Internet;
- Delays in delivery and/or non-delivery of advertisement, including, without limitation, difficulties with a Customer or advertisement, difficulties with a third-party server, or electronic malfunction;
- Errors in content or omissions in any advertisement.
Public Release:
Affiliate shall not release any information regarding Campaigns, Creative, or affiliates relationship with AdOnion.com, Yesup Ecommerce Solutions Inc. or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of AdOnion.com, Yesup Ecommerce Solutions Inc. AdOnion.com, Yesup Ecommerce Solutions Inc. shall have the right to reference and refer to its work for, and relationship with, affiliate for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual agreement of AdOnion.com, Yesup Ecommerce Solutions Inc. and affiliate.
Audit:
AdOnion.com, Yesup Ecommerce Solutions Inc. shall have the sole responsibility for calculation of affiliate earnings, including Impressions and geographic statistics.
Privacy and Opt-out: Affiliate shall support AdOnion.com, Yesup Ecommerce Solutions Inc.'s commitment to protect the privacy of the online community; such commitment is set forth in AdOnion.com, Yesup Ecommerce Solutions Inc.'s Privacy Statement, which is hereby incorporated into this Agreement.
Modifications:
The Program 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 10 days of the date of change.
Minimum Age Requirements:
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to 1.212.658.9138
Minimum Country Traffic Requirements:
No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to 1.212.658.9138
Minimum Country Traffic Requirements:
Affiliate must have at least 50% + US, CA, GB traffic or will result in account suspension.
Black List Sites:
Any pay to click, read and related sites.
Case of dispute:
Affiliates agree to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario, Canada.
