Affiliate Terms of Service
THE FOLLOWING DESCRIBES THE AFFILIATE TERMS OF SERVICE (“AGREEMENT”) ON WHICH LINKSPANEL.COM OFFERS YOU (“AFFILIATE”) ACCESS TO OUR AFFILIATE PROGRAM. LINKSPANEL.COM IS WHOLLY OWNED AND OPERATED BY NEXT NET MEDIA, LLC (“COMPANY”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR AN ACCOUNT.
As a Company affiliate, you agree to abide by all terms and conditions of our program. Your use of the Company affiliate account constitutes your agreement to the terms, conditions, policies and notices set forth below. In addition, our service shall only be used in accordance with any and all applicable laws and regulations.
Company shall pay $100 for each qualified advertiser who buys at least $50 in text links per month. Company shall pay $25 for each qualified publisher that sells at least $5 in text links using our service for at least 45 days. Commission payments will be made 45 days after the qualified publisher or advertiser has been referred to Company.
Referred publishers and or advertisers must be new Company users and not have used the service in the past. In addition, existing users may not use the affiliate program to refer themselves for the purpose of obtaining the referral commission.
All payments are audited before being sent to check for fraud.
Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the “Promotional Materials”). Affiliate shall display the Promotional Materials on Affiliate’s website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by Company.
Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
- Affiliate may not use any graphic, textual or other materials to promote Company’s website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
- Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
- The Promotional Materials will be used to link only to Company’s website, to the specific page and address as specified by Company.
- Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
Intellectual Property. Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License.
Any affiliate who violates these Terms of Service or who attempts to cheat or abuse the affiliate program will be terminated and will forfeit all payments. Multiple referred accounts using the same IP address will be deemed to be fraudulent and will not be credited. Company reserves the right to determine what constitutes abuse of our affiliate program.
Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
Limitation of Liability
Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate may be required to submit a W-9 or W-8 form, depending on amount of revenue earned from affiliate program.
Termination of Service
Company reserves the right to terminate service for any user at any time, at our sole discretion. If you have any questions regarding these Terms of Service, please contact us.