THE FAQ
1. Agreement.
By completing and sending in the accompanying affiliate program registration form, you are entering into a legal agreement with us, Power Media Interactive, which contains all of the terms and conditions below and governs your participation in our affiliate program.
2. Statement of Investigation.
You acknowledge that you have read this agreement and agree to all of its terms and conditions. You understand that we may, at any time (directly or indirectly) solicit referrals for users of our services on terms that differ from those contained in this agreement, or operate sites that are similar to or compete with your site. You acknowledge that you independently have evaluated the desirability of participating in our affiliate program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
3. Enrollment in the Affiliate Program.
To begin the enrollment process, you must submit a complete affiliate program application via our site. We will evaluate your application in good faith and will notify you in a timely manner regarding acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for our affiliate program for any reason. If we reject your application, you may reapply at any time, and we will consider the application.
4. Provision of Our Buttons, Banners, Logos and SmartSearch™ boxes.
We will provide you with buttons, banners, logos, and search boxes through which users of your site may access and use our site. You may display our buttons, banners, logos and search boxes in any of the formats provided on any or as many areas or pages of your site as you wish.
5. Commissions.
We will pay you a commission of $ per click-through or 70% of everything you sell including rebills. A "click-through" occurs when a user clicks on a button, banner, logo or performs a search to access our website. We have no obligation to pay you a commission for hits on our site that were not generated by means of a valid click-through. We will pay you commissions on a weekly basis. The payee must have a minimum of $25.00 to be paid. If not, the balance will be carried over until such time as you reach $25.00 or more. If our records show activity from your site that we determine is inconsistent with valid click-throughs, or is otherwise unusual, then we reserve the right to withhold payment of commissions for a reasonable time pending an investigation of that activity and resolution of any dispute. We will notify you promptly in this event.
7. Reporting.
We will give you a password that will enable you to enter a password-protected site or area of a site communicated to you by us. You may use the password to log in to that site and to access information about the number of times a button, banner, logo, or search on your site has generated a click-through to our website.
8. Publicity.
You may not create or publish, distribute any items that reference us without first submitting those items to us and receiving our written consent, which we will not unreasonably withhold.
9. Limited Licenses.
We grant to you a nonexclusive right to use our buttons, banners, logos, and search boxes solely on your site, for the purpose of allowing users of your site access to our website. You may not modify our buttons, banners, logos or search boxes. We reserve all rights in and to our buttons, banners, logos and search boxes, our website and any images, trade names, trademarks or other intellectual property rights that we provide or use.
10. Obligations Regarding Your Site.
You are solely responsible for the development, operation and maintenance of your site and for all materials and content that appear on your site. You agree to indemnify and hold us harmless from all damages, claims, fees (including attorneys' fees) and expenses relating to the development, operation or maintenance of your site, including content not attributable to us.
11. Term of the Agreement.
The term of this agreement begins upon our acceptance of your application for affiliate program, and ends when terminated by either party. Either you or us may terminate this agreement at any time, for any reason or no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by you or us), you must remove our buttons, banners, logos and search boxes from your site and must destroy or erase from computer memory any items you might have that contain our buttons, banners, logos or search boxes. We will pay you any commissions you might have earned before termination after the end of the then current quarter.
12. Modification.
We may modify any of the terms and conditions contained in this agreement upon notice. We will notify you via e-mail, and a change notice will be posted on our site and on the site from which you retrieve the reports or other information made available by us. If a modification is unacceptable, you may terminate this agreement by giving notice of termination to us and following the procedures in paragraph 11 above. If you do not give us notice and you continue to display the buttons, banners, logos or search boxes on your site, then you will be considered to have accepted the modifications.
13. Relationship of the Parties.
You and us are independent contractors, and nothing in this agreement creates any joint venture, agency, franchise, sales representative or employment relationship between you and us. You understand that you do not have authority to make or accept any offers or make any representations on our behalf. You may not make any statement, whether on your site or otherwise, that would contradict anything in this paragraph.
14. Confidentiality.
During the term of this agreement, you may have access to certain non-public information of ours, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" by us. This confidential information does not include information that is generally known and available, or in the public domain through no fault of yours. You agree (i) not to disclose any confidential information to any third parties, (ii) not to use any confidential information for any purposes except carrying out your rights and responsibilities under this agreement and (iii) to keep the confidential information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations survive for three years after termination of this agreement.
15. Disclaimers.
We make no express or implied warranties with respect to our affiliate program, our website or our buttons, banners or logos. You understand that the operation of our website may not be uninterrupted or error free. You agree that we will not be liable for any interruptions or errors in using our website. The provisions of this paragraph shall survive the termination or expiration of this agreement.
16. Limitation of Liability.
We will not be liable for lost profits, lost business opportunities or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this agreement or our affiliate program, even if we have been advised of the possibility of these damages. Further, our aggregate liability arising under this agreement will not exceed the amount of the total commission fees paid or payable to you under this agreement. The provisions of this paragraph shall survive the termination or expiration of this agreement.
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