Terms and conditions -

the Affiliate has written approval from the Program Representative to contract Sub-Affiliates; a verifiable name, address and telephone number for each Sub-Affiliate is delivered to the Program immediately upon request;
the proposed Sub-Affiliate agrees, in form satisfactory to the Program, to abide by this Agreement and the Program Policies, as amended from time to time; and at no time will the Affiliate engage a Sub-Affiliate who, in the opinion of the Program is likely to bring the reputation or standing of the Program into disrepute or is otherwise unsuitable.
activity by the Affiliate or anyone for whom in law the Affiliate is responsible which is directly or indirectly intended to inflate the Commissions payable to the Affiliate;
the generation of leads other than by a mechanism approved by the Program;
activity by the Affiliate or anyone for whom in law the Affiliate is responsible which is not in accordance with the Program;
any spam activity and activity which is determined by the Client, in its discretion, to be fraudulent.
it has the authority and capacity to enter into and to be bound by this Agreement;
to the best of its knowledge, there are no existing, pending or threatened claims or actions pending against the Affiliate;
none of the Affiliate’s websites contain false or deceptive advertising or any machine readable code including without limitation any virus, Trojan horse, work or other self-executing program;
it owns or has the legal right to use and distribute all content, copyrighted material, products, and services displayed on or through its website or websites and in its electronic mail;
and it is not now a party to any agreement or business relationship which may conflict with this Agreement.
it will, at all times, comply with all laws applicable in the jurisdiction where the Affiliate is situated and also where the Affiliate directly or indirectly conducts its business or markets an Offer;
it will not enter into any agreement or business relationship or otherwise incur any obligation which might, in the opinion of the Program, conflict with this Agreement;
it will, at all times, comply with the terms of this Agreement, and the Program Policies, as updated, amended and replaced by the Program, from time to time, in its sole discretion;
it will not, without the express written consent of the Program, use or permit any person for who it is in law responsible to use any third-party trade-names or trade-marks;
it will not publish on any website or send in any electronic mail a universal resource locator or other link to any content or otherwise engage in or condone any practice, which, in the opinion of the Program is deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of the Program into disrepute, or which otherwise would be illegal;
it will at all times comply with the terms and conditions of any agreement or policy established by an Offer in which the Affiliate elects to participate;
it will at all times comply with the provisions of the CAN-SPAM Act of 2003, as amended or replaced, from time to time;
it will not post any content relating to the Offer to any Usenet newsgroup, chat room, bulletin board or ‘blog’ (save and excepting a chat room, bulletin board or blog which is operated or primarily owned by the Affiliate) without the express written consent of the Program;
it will be responsible for the development, operation and maintenance of its website or websites and electronic mail, including without limitation the technical operation thereof, the creation, publication and accuracy of any content published on any such website or websites or in any electronic mail;
it will not attempt in any way to alter, modify, eliminate, conceal or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by or obtained from the Program;
it will not “frame” or “mirror” any part of any pages hosted by the Client unless expressly permitted by the Program and the Client;
it will not alter any website or electronic mail content provided by the Program; and it will, at all times and from time to time provide the Program with written confirmation of a valid address, telephone number, electronic mail address and such other identifying or financial information as the Program may reasonably require.
to use the Confidential Information only for the purposes expressly contemplated in this Agreement;
and that no Confidential Information will be disclosed to any third party, affiliate, subsidiary, Sub-Affiliate, agent, or employee of the Affiliate without the prior written consent of the Program, which may be unreasonably and arbitrarily withheld.
the provisions of this Section and the Affiliate’s agreement with the same are of the essence and constitute a material inducement to the Program to enter into this Agreement;
the provisions of this Section shall be construed independently of any other provision of this Agreement, and the existence of any claim or cause of action the Affiliate may have against the Program, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Program of the provisions of this Section;
any breach of this Section would cause irreparable harm to the Program for which damages might not be an adequate remedy, and the Affiliate therefore agrees that in the event of any such breach the Program will be entitled to seek, in addition to any other right accruing to the Program under this Agreement or otherwise in law or equity, injunctive relief against the Affiliate without the necessity of proving actual damages;
and notwithstanding any other provision of this Agreement, this Section shall survive the termination of this Agreement, however caused. The Affiliate agrees to indemnify and save harmless the Program against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which the Program may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Affiliate or any person for whom the Affiliate is responsible, in law.
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