Affiliate signup - Terms and conditions
WARNING: NOTE ON SPAM AND ITS CONSEQUENCES
It is against your associates agreement to advertise our
web site via unsolicited email. Some people may think that
dealer "Spam" email originated from us, damaging our
reputation and causing us many administrative problems.
DO NOT send unsolicited email to promote us, or you will
be in violation of your associates agreement and your
account will be terminated, forfeiting all outstanding
referral commissions. Your cooperation and understanding
is appreciated.
However, do not get this confused with PROPER WAYS to
promote our products. Please recommend them in your
autoresponders, in a personal email to your opt-in
contacts, your lead lists, people that contact you and
you stay in touch with, a newsletter list, at your website,
even in appropriate email discussion lists, etc. This would
not be spamming.
This agreement ("Agreement"), between you and MultiCards® Internet
Billing, a division of PM International BV (“MultiCards®”), covers
your participation in an open-term promotion (the “MultiCards®
Affiliate Program ”) of "MultiCards® " on your website in exchange
for payment based on the terms and conditions set forth below.
MultiCards® , will make available to participants in the MultiCards®
Affiliate Program graphical image files promoting the MultiCards®
website (individually an "Image").
1. This Agreement will commence on the date your application to join
the MultiCards® Affiliate Program is accepted by MultiCards® , and
will continue unless terminated by one of us. Please note that we
will reject any website that does not feature customer-friendly
website navigation, contains content (including pornographic or
hateful content) that we, in our sole discretion, determine does
not meet an acceptable commercial or aesthetic standard. Immediately
thereafter, you may download one or more Images for posting on your
website. Placement of the Image on your home or default page will be
at your sole discretion.
2. MultiCards® will furnish you with real-time reports including the
count of click-through leads and the number of booked accounts for
which payment to you is due. You will be paid a commission for each
new credit card processing account booked by MultiCards® which
originates from your website. Payment shall be made monthly for each
booked account in the previuos month.
a) All information relating to the calculation of the monthly amounts
paid to you, including but not limited to the number of accounts
booked by MultiCards® , shall be considered proprietary information
of MultiCards® , and shall be held in strictest confidence by you and
will not, without the prior written consent of MultiCards® , be
disclosed by you to any other person, in any manner whatsoever, in
whole or in part, and will not be used by you directly or indirectly
for any purpose other than confirming the correctness of the
calculation referred to above.
3. MultiCards® hereby grants to you a non-exclusive right to (i)
establish a hypertext link to the MultiCards® website, and (ii) use,
in connection with establishing that link, each Image (including all
copyrighted, trade or service marked or other protected intellectual
property contained therein) for the purposes described in this
Agreement; provided, that you will not add, subtract or in any way
alter or edit any Image (including, for this purpose, any
machine-readable code which may be a part of any Image), nor will you
make any use whatsoever of any Image or any other element of
MultiCards® ’s intellectual property (including but not limited to
MultiCards® ’s name, whether used in a url, a metatag or otherwise)
other than for the purposes of, and as contemplated by, this Agreement
or as may otherwise be specified by MultiCards® in writing.
By accepting membership in the MultiCards® Affiliate Program, you
agree specifically to refrain from (i) originating, authorizing, or
participating in any promotions, whether by email, telephone or
otherwise, of MultiCards® (including, but not limited to "spamming"),
and (ii) issuing any press release mentioning MultiCards® , unless such
promotions have been specifically approved in writing by MultiCards® .
4. This agreement is the sole and complete agreement covering the
subject matter hereof and may only be amended in writing signed by
both parties, except in the case of transfer as described below.
Any provision of this agreement deemed unenforceable by a competent
court of jurisdiction may be deleted, leaving the remainder of the
agreement operable and in effect. In the event of a dispute, the parties shall
first seek mediation, and if the parties still seek to litigate the issue then
the attorneys' fees and related litigation expenses (expert fees, etc.) may be
recovered by the prevailing party. This agreement is nontransferable, except in
the event of a sale of all or substantially all of the assets or stock of the
transferring party as part of an acquisition or merger, including any reorganization
or reincorporation.
5. Each party hereto agrees to indemnify and hold harmless the other
party and each of its agents, officers, directors, and employees
against all liability to third parties resulting from the acts, or
failures to act, of such indemnifying party, or any acts of its
customers or users. MultiCards® agrees to indemnify you for any
actions based on stolen credit card information or fraudulent
applications or other credit card abuses from applications completed
on the MultiCards® website. In no event shall either party hereto
be liable for payment of consequential damages resulting from the
default in performance of their respective obligations pursuant to
this Agreement. NO WARRANTIES ARE MADE BY EITHER OF THE PARTIES HERETO
AS TO THE SERVICES OR TECHNOLOGY DESCRIBED IN THIS AGREEMENT AND EACH
PARTY HERETO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NONINFRINGEMENT AS IT RELATES TO THE TECHNOLOGY AND SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT.
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