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ncentive 4 5 affiliate must not make misleading or disparaging statements oral or written about any ad advertiser or maxbounty 4 6 affiliate must agree to receive periodic communications from maxbounty this communication could be in the form of e mail instant message postal mail telephone or fax 4 7 affiliate must not display any ad in third party newsgroups social networks message boards blogs link farms counters chatrooms or guestbooks without the consent of such third party entity 4 8 affiliate must comply with all campaign terms as outlined in ads 4 9 affiliates must not use sms text messages to deliver ads to users 4 10 affiliate must not generate any actions in bad faith or through fraudulent mechanisms this includes but is not limited to generating own actions using manual or automated processes misrepresenting product or service offered by advertisers deceiving users into obtaining product or service offered by advertisers and encouraging or educating surfers to cancel any product purchase or service provided by advertisers 4 11 affiliate must not share lend lease sell or transfer their account to any third party unless prior written approval is obtained from maxbounty 4 12 any affiliate engaged in the distribution of ads via email must comply with all of the following rules 4 12 1 affiliate must distribute ads only to those recipients who have opted in to receive such email from the affiliate maxbounty prohibits the use of spam any use of spam whatsoever by affiliate will result in the forfeiture of affiliate s entire commission for all campaigns and the termination of the affiliate s account affiliate will also be held liable for any and all damages resulting from a violation of this provision including reasonable court costs 4 12 2 if requested by maxbounty affiliate must be able within 24 hours of such request to supply the name date time ip address and url where the user gave permission to the affiliate to receive such ads through e mail 4 12 3 affiliate must ensure each email recipient is provided with a valid opt out mechanism within each email delivered in order for the recipients to opt out of future mailings from affiliate 4 12 4 affiliate must not use the advertiser or maxbounty name including any abbreviation thereof in the originating email address line from line or subject line of any email transmission unless specific permission is given otherwise 4 12 5 affiliate must not use falsified sender information or falsified ip addresses 4 12 6 affiliate must use only pre approved advertiser subject lines and from lines as set out in campaign terms 4 12 7 affiliate must use only legitimate routing information 4 12 8 affiliate must use their own tracking links that redirect to the tracking links supplied by maxbounty 4 12 9 affiliate must have a proper privacy policy on their website and it must be in compliance with all ftc guidelines rules and regulations in respect to online privacy and shall warrant that email campaigns are conducted in accordance with that privacy policy and in accordance with any applicable local or international laws 4 12 10 affiliate must ensure each email contains advertiser s unsubscribe mechanism as set out in campaign terms 4 12 11 affiliate must not send email to any email address or domain contained in an advertiser s suppression list as set out in campaign terms 4 12 12 affiliate must ensure each email clearly contains the affiliate s physical address which cannot be a po box 4 12 13 affiliate must comply with all campaign instructions from maxbounty and advertiser as set out in campaign terms 4 12 14 affiliate must be compliant with all relevant laws including but not limited to the controlling the assault of non solicited pornography and marketing can spam act of 2003 15 u s c ch 103 and an act to promote the efficiency and adaptability of the canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities and to amend the canadian radio television and telecommunications commission act the competition act the personal information protection and electronic documents act and the telecommunications act s c 2010 c 23 casl 4 13 if affiliate has not logged into their account for six 6 consecutive months it will be moved to an inactive status if this inactivity continues for nine 9 months maxbounty reserves the right to terminate the account for inactivity and debit any remaining balance that is held in the affiliate account 4 14 european privacy laws eu privacy laws means the european union general data protection regulation gdpr the european union directive on privacy and electronic communications the eprivacy directive and any local implementing laws including any subsequent legislation replacing or amending any such laws from time to time note that european privacy laws may apply to you if i you operate from an eea member state or switzerland or ii you market to or target individuals in an eea member state or switzerland or iii you collect or otherwise process any personal data as such term is defined under gdpr from users in eea member states or switzerland if any of the foregoing apply or you are otherwise subject to eu privacy laws then you hereby represent warrant covenant and agree that you will a comply with eu privacy laws b inform end users in a prominent manner of their rights under eu privacy laws and that you use tracking devices and cookies for advertising purposes including interest based advertising and c obtain end user consent to place tracking devices such as cookies including those enabled by maxbounty at your request on your behalf on such end users computers and internet enabled devices and provide information regarding the removal of such tracking devices 5 if you determine that eu privacy laws do not apply to you then you shall provide maxbounty with your analysis concluding the same or provide detailed information regarding the specific steps you take to ensure that individuals located in the eu do not visit your site via our services and technology 6 advertising services and warranties 6 1 provided that affiliate complies with all provisions of this agreement and campaign terms maxbounty hereby grants to affiliate a non exclusive limited revocable license to market display perform copy transmit and promote the ad in connection with its obligations hereunder and market display perform copy transmit and promote the ad to third parties in connection with its obligations hereunder affiliate s use of ads or copyrighted materials in violation of this agreement is strictly forbidden and will result in this limited license being immediately withdrawn and may further result in the termination of the affiliate s account and being held liable under applicable law 6 2 maxbounty s sole obligation to the affiliate under this agreement with respect to ads shall be to provide such ads for use in their advertising efforts the advertising services provided by maxbounty are provided as is maxbounty makes no warranties guaranties promises or estimates expressed or implied oral written or otherwise except as specifically set forth herein and does not guarantee including but not limited to demographic profiling of users click to action conversion rates response rates or conversion rates from action to sale 6 3 no additional warranties are provided 7 commission earnings and payments 7 1 maxbounty shall send affiliate s commission payment approximately fifteen 15 days from the last business day of each month in which earnings are accrued if the amount due to affiliate exceeds either one hundred 100 dollars usd or the minimum payment amount requested by the affiliate whichever is higher payment thresholds may vary based payment type chosen by affiliate policies regarding payment type thresholds can change without notice to affiliate commissions will only be earned on actions reported by the advertiser and only after maxbounty receives full payment from the advertiser maxbounty is under no obligation to pay affiliates for actions which are not paid by the advertiser 7 2 maxbounty shall increase the payment frequency for affiliate to weekly provided affiliate has received one previous payment from maxbounty and is setup to receive payments electronically all other conditions and restrictions for payment as outlined in item 6 1 remain in force for weekly payments maxbounty in its sole discretion may disqualify any affiliate from being eligible for weekly payments 7 3 in the event of non payment by an advertiser and if maxbounty elects in its own discretion not to make payment to affiliate an affiliate s recourse for any earned commissions not paid shall be to make a claim against the relevant advertiser s and maxbounty disclaims any and all liability for such payment 7 4 maxbounty or the advertiser may reverse any action generated by the affiliate circumstances for action reversals include but are not limited to duplicate actions fraudulently generated actions non payment affiliate s failure to comply with the agreement invalid or incomplete data or product returns reversals may be applied at any time including for actions during a period where payment has already been issued to the affiliate 7 5 in the event reversals are applied to actions for which an affiliate has already been paid affiliate is required to return payment for these actions to maxbounty 8 referral program 8 1 affiliate shall earn a 5 referral fee on the commission payments made to any other new affiliates excluding bonuses rewards additional payouts affiliate earnings where the affiliate is an advertising network and referral income who have been referred to maxbounty using the specified link code affiliate shall earn this fee on the commission payments of a referred affiliate for a period of twelve 12 months after the referred affiliate joins the maxbounty network secondary accounts held by affiliate are excluded from the referral program maxbounty reserves the right to terminate an affiliate referral program in whole or in part at any time for any reason including but not limited to fraud questionable activity or breach of the terms set out in the agreement or campaign terms 9 representations and warranties 9 1 each party represents and warrants they have full corporate right power and authority to enter into this agreement to grant the rights and licenses granted and to perform the acts required of it 9 2 each party acknowledges that the other party makes no representations warranties or agreements related to the subject matter hereof that are not expressly provided for in this agreement 10 non circumvention 10 1 affiliate shall not solicit or recruit directly or indirectly any advertiser that is known to affiliate to be an advertiser of maxbounty for purposes of offering products or services that are competitive with maxbounty nor contact such advertisers for any purpose during the term of affiliate s membership in the maxbounty network and for the twelve 12 month period following termination of affiliate s membership in the maxbounty network 11 limitation of liability 11 1 except for the indemnification provisions at clause 12 under no circumstances shall either party be liable to the other for indirect incidental punitive consequential special or exemplary damages or costs direct or indirect even if such party has been advised of the possibility of such damages arising from affiliate participation in maxbounty s network maxbounty shall not in any event be liable to affiliate for more than the amount paid to affiliate hereunder no action suit or proceeding shall be brought against maxbounty more than one year after the date of service 11 2 affiliate agrees not to hold maxbounty or advertisers liable for any of the consequences of interruption or service 12 indemnification 12 1 affiliate hereto agrees to indemnify and hold harmless maxbounty advertiser and each if its agents officers directors and employees against all liability to third parties resulting from the acts or failure to act of such indemnifying party or any act of its customers or users affiliate is solely responsible for any legal liability arising out of or relating to the affiliate s website s any material to which users can link through the affiliate s website s and or any consumer and or governmental regulatory complaint arising out of any privacy breach regulatory compliance issue e mail campaign or other advertising campaign conducted by affiliate including but not limited to any spam or fraud complaint and or any complaint relating to failure to have proper permission to conduct such campaign to the consumer 13 confidentiality 13 1 affiliate agrees to refrain from disclosing maxbounty s confidential information or the advertiser s confidential information including but not limited to commission rates conversion rates email addresses fees identities of advertisers to any third party without prior written permission from maxbounty 14 force majeure 14 1 neither party shall be deemed in default of this agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of god fire natural disaster accident terrorism riots acts of government shortage of materials or supplies or any other cause beyond the reasonable control of such party provided that the party whose performance is affected by any such event gives the other party written notice thereof within three 3 business days of such event or occurrence 15 relationship 15 1 the parties to the agreement are independent non exclusive contractors neither party will have any right or authority to enter into any agreement on behalf of or incur any obligation or liability of or to otherwise bind the other party nor is either party an agent representative partner employee or joint venture of the other party 16 remedies 16 1 maxbounty reserves the right to withhold payment and take appropriate legal action to cover its damages against any affiliate that violates the terms of this agreement or breaches the representations and warranties set forth in this agreement or commits fraudulent activity against maxbounty except as otherwise specified the rights and remedies granted to a party under the agreement are cumulative and in addition to not in lieu of any other rights and remedies which the party may possess at law or in equity 17 entire agreement 17 1 this agreement constitutes the entire and only agreement and supersedes any and all prior agreements whether written oral express or implied of the parties with respect to the transactions set forth herein 18 governing law 18 1 the rights and obligations of the parties under this agreement shall be governed by and construed under the laws of the province of ontario canada 18 2 the parties irrevocably submit and attorn to the exclusive jurisdiction of the courts of the province of ontario 19 termination ...
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