Agreement

The following are terms and conditions for participating in the Surveyhawk.com Affiliate Program. "Affiliate" refers to you, and "Surveyhawk.com .net" refers to Surveyhawk.com and its corresponding entities.Surveyhawk.com reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions or countries and, in any event, is at least 18 years of age.
2. Affiliate will not engage in any SPAM of any kind, nor will Affiliate engage in any unauthorized message board, messenger service or other online posting. Surveyhawk.com also considers ANY type of advertisement about Surveyhawk.com posted to a newsgroup or chat room to be SPAM. For the purpose of this agreement , SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Surveyhawk.com .net, who has not specifically requested the information directly from Affiliate. "Unsolicited" and "Unauthorized" are defined as any solicitation not expressly requested or warranted by any organization or site mentioned above. Use of SPAM may result in the immediate suspension or termination of Affiliate account. Affiliate will also be in violation of the Surveyhawk.com Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Surveyhawk.com.
3. Affiliate will not engage in any browser hijacking of any kind, or any other interference with the normal functioning of a potential website visitor's computer. This could include starting any process(es) not expressly started by potential website visitor, including opening of a CD rom, or any other program or application. In keeping with this, Affiliate is directly responsible to be in full compliance with all pertinent law and the following two laws specifically: HR2929, the Securely Protect Yourself Against Cyber Trespass Act, and HR4661, the Internet Spyware Prevention Act of 2004.
4. Affiliate will not intentionally mislead any potential website visitor to believe that a Surveyhawk.com product is any other product. This could include website content, or ads run on any search engine. Affiliate will not use any product name in context of advertising which could be misunderstood to be a Surveyhawk.com product, and therefore be misleading to the potential website visitor.
5. Affiliate agrees to assume sole responsibility for compliance with all applicable intellectual property laws and all other federal, state and international laws. In the event that Surveyhawk.com should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Surveyhawk.com in expeditiously responding to such notification and resolving any claim of infringement. In the event that an affiliate is unresponsive or unwilling to assist, Surveyhawk.com will take any and all measures to prevent Affiliate from further involvement in our program, and will further cooperate in any law enforcement action as a result of said Affiliate's actions.
7. Affiliate agrees that a Surveyhawk.com Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Surveyhawk.com. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Surveyhawk.com.
8. All Affiliate applications are subject to approval by Surveyhawk.com.
9. Affiliate agrees to present Surveyhawk.com products and services as set forth at the official Surveyhawk.com Website. Affiliate will make no claims regarding products or services beyond what is stated at the official Surveyhawk.com Website.
10. Surveyhawk.com is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
11. Surveyhawk.com reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Surveyhawk.com logo, image, or trademark which may be distasteful, defame, or misrepresent Surveyhawk.com.
12. Affiliate agrees not to present others' creative works-in full or in part-as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.
13. Surveyhawk.com makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
14. Both Surveyhawk.com and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other.

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