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Welcome Affiliate!
Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions
This Affiliate Service Agreement (the "Agreement") is made by and between Hawk Communications, LLC dba JoiPhone, a Florida corporation (“Us” "JoiPhone"), and you, as an Affiliate user of the JoiPhone Affiliate Service ("You", "Affiliate"). To be an authorized Affiliate of JoiPhone, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the JoiPhone Service as an Affiliate. By signing up for JoiPhone Affiliate Service, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the JoiPhone Affiliate Service. The following is summarized the Term and Conditions if this Agreement: 1. You place JoiPhone’s banners anywhere on your site as you see fit, or within non-spam emails. 2. We might change the Term and conditions of this Agreement from time to time. 3. Adult, Hate, or other related sites are not allowed 4. Your commissions will be a one time $35, $40 or $45 per user you referred to us, depends on the commission tier. Your commissions will be paid after at least 61 days provided the user you referred to JoiPhone has successfully signup and his account is valid for at least 61 days from the signup date. 5. All statistics are collected and calculated by JoiPhone, and will be the only valid stats used for determining commissions. 6. As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate accounts are strictly prohibited. 7. Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia. 8. You won't hold us liable for anything, a link to a non- JoiPhone Web site does not mean that JoiPhone endorses or accepts any responsibility for the content or the use of such Web site. 9. No SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. 10. NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed. 11. NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form. 12. Failure to abide by these rules could mean termination with a complete forfeit of commissions. 13. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS. EMAIL CONTACT JoiPhone reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any JoiPhone related products and services. CHANGES TO THE SERVICE JoiPhone reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, JoiPhone will notify You via e-mail, newsletter or the JoiPhone Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. REGISTRATION To sign up as an Affiliate of JoiPhone and to use the Service as an Affiliate you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN JoiPhone: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide JoiPhone with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that JoiPhone may rely on any data, notice, instruction or request furnished to JoiPhone by You which is reasonably believed by JoiPhone to be genuine and to have been sent or presented by a person reasonably believed by JoiPhone to be authorized to act on Your behalf. You shall notify JoiPhone by e-mail at affiliate@JoiPhone.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by JoiPhone and referral to the appropriate law enforcement agencies. ACCEPTED USE You represent to JoiPhone that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As JoiPhone may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to other site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads. Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Service for that Link. Points or reward programs for click or lead programs are NOT allowed. JoiPhone RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF JoiPhone Affiliate Service. If You are terminated from the Service, JoiPhone has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join JoiPhone. LIMITED WARRANTY The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JoiPhone DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, JoiPhone SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. JoiPhone will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the JoiPhone liable for any of the consequences of such interruptions. LIMITATION OF LIABILITY JoiPhone OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE JoiPhone SERVICE OR ANY INFORMATION PROVIDED ON THE JoiPhone WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF JoiPhone OR A JoiPhone AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JoiPhone'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY. You agree that JoiPhone, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and you partners site/s, jointly and severally agree to indemnify, defend, and hold harmless JoiPhone and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. OWNERSHIP AND LICENSES You, the Affiliate, are granted a non-exclusive, limited, revocable right to use JoiPhone provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the JoiPhone, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain JoiPhone’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. JoiPhone may immediately terminate Your license to use the marks if JoiPhone reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by JoiPhone above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the JoiPhone’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of JoiPhone. REPRESENTATIONS JoiPhone makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-JoiPhone Web site does not mean that JoiPhone endorses or accepts any responsibility for the content or the use of such Web site. NONASSIGNABILITY Affiliate or JoiPhone may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. FORCE MAJEURE Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. JURISDICTIONAL ISSUES This Agreement shall be governed by Florida, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in Miami Florida, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
I have read, understand and agree to the above terms and conditions.
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Affiliate Software By iDevAffiliate
Copyright 2006
JoiPhone
- All Rights Reserved