Before you can proceed with registration, please accept the terms and conditions below.
If you wish to participate in our Affiliate program, indicate your agreement to do so by clicking the "I Agree" button below. Additionally, by accessing and utilizing any of the SkyInfoPartners Affiliates' Marketing Tools or accepting of any reward, bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. For purposes of clarity, the terms "we" and "us" refer to SkyInfoPartners Affiliates and "you" and "Member" refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The term "Merchant" is defined as any company that has contracted SkyInfoPartners Affiliates to promote their Site(s) and or products. The contract provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Merchant's websites, in return for the payment of commissions and referral bonuses as specified below.
To enroll please read this Agreement and then submit a complete SkyInfoPartners
Affiliates Member Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
The Merchant's banners shall be displayed at least as prominently as any other sales link on the Member site, and if the Member displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Member site, the Member shall, subject to SkyInfoPartners Affiliates' prior written approval of the content thereof, include similar descriptive information regarding the Merchant's Site(s).
The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and SkyInfoPartners Affiliates shall be entitled to make the Merchant's banners available through online and other services than the Member site.
As a Member, you will have access through SkyInfoPartners Affiliates' site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)
SkyInfoPartners Affiliates and the Merchant hereby grants to the Member the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):
SkyInfoPartners Affiliates' and the Merchant's banners, name, site name, and other related textual and graphic material are made available by SkyInfoPartners Affiliates and/or the Merchant to the Member for the express purpose of inclusion on the Member's site from time to time (collectively, the "Merchant's Material") and for the specific purposes authorized above. SkyInfoPartners Affiliates and the Merchant authorize the Member to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Member.
SkyInfoPartners Affiliates and the Merchant also authorizes the Member to refer, in the Member's advertising and promotions, to the fact that the SkyInfoPartners Affiliates and Merchant's sites are accessible through the Member site, provided that any such statement:
(a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of SkyInfoPartners Affiliates or the Merchant other than SkyInfoPartners Affiliates or the Merchant's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of SkyInfoPartners Affiliates' or the Merchant's mark);
(b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and (c) does not disparage SkyInfoPartners Affiliates or the Merchant, its products, services, or members. All use of the SkyInfoPartners Affiliates or Merchant's Materials hereunder shall inure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member. No other use of the SkyInfoPartners Affiliates or Merchant's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of SkyInfoPartners Affiliates or the Merchant.
As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.
MAINTAINING THE LINKS
COMMUNICATION TO MEMBERS
Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that our Merchants are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our Merchant seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of SkyInfoPartners Affiliates. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.
COMMISSION AND REFERRAL BONUS
MEMBER REWARD PROGRAMS
To participate, you must be an active Member in good standing with SkyInfoPartners Affiliates. Members participating in any reward program agree to be bound by the decisions of SkyInfoPartners Affiliates, which will be final and binding in all respects. All interpretations of the Rules and decisions by SkyInfoPartners Affiliates are final.
SkyInfoPartners Affiliates reserves the right to terminate any and all Member Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond SkyInfoPartners Affiliates' control. SkyInfoPartners Affiliates reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Member.
All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prize-winner. Acceptance of a prize constitutes permission for SkyInfoPartners Affiliates and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicizing the services of SkyInfoPartners Affiliates in any medium without compensation, unless otherwise prohibited by law.
Members release and hold harmless SkyInfoPartners Affiliates and their Merchants and their respective members, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Member's or any other person's computer.
As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
(a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or (b) may receive hereunder from the other.
Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
(i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
(ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
(iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.
The foregoing restrictions shall not apply to information that:
(a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
(a) The Merchant has the right to enter into this Agreement and to grant the rights and licenses granted herein; and
(b) The Merchant's software, and the reproduction, distribution, transmission, public performance and public display of the Merchant's Material in connection with the Member site, do not:
(i) invade the right of privacy or publicity of any third person; or
(ii) contain any libellous, obscene, indecent or otherwise unlawful material.
The Member represents and warrants that:
a. the Member has the right to enter into this Agreement;
b. the Member site does not, and the reproduction, distribution, transmission, public performance and public display of the Member Materials as permitted herein, do not:
(i) invade the right of privacy or publicity of any third person,
(ii) contain any libelous, obscene, indecent or otherwise unlawful material, or
(iii) infringe any patent, copyright or trademark right in any jurisdiction; and
c. the Member has received no notice of such invasion, violation or infringement of rights.
TERM AND TERMINATION
The term of this Agreement will begin when you download a banner and link it to our site or the Merchant's Site(s) and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Upon termination:
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
SkyInfoPartners Affiliates may from time to time review affiliates participation in the program. SkyInfoPartners Affiliates may choose to cancel an affiliate s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program.
Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
SkyInfoPartners Affiliates is also not responsible for the way cookies are tracked on the Merchants site or on the member s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. SkyInfoPartners Affiliates is strictly housing software that displays the results of the tracking for its members.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.