|
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.
|
|