To be registered as a member of the AffiliateShop and to use its service, you hereby agree to abide by the terms and conditions contained in this Service Agreement. By clicking on the "I accept the AffiliateShop Service Agreement" link at the bottom of the sign up page you indicate your acceptance of this Agreement. If you do not accept this Agreement, please do not use the AffiliateShop service.
This Service Membership Agreement (the "Agreement") is made by and between Pendulab Pte Ltd (the company who owns the AffiliateShop service), and you, as user of the AffiliateShop service ("You" or "Member" or "Customer").
"Advertiser", "Direct Marketer" or "Marketer" means a Web site that rewards Affiliate Partners for placing the Advertiser's Web site link on their sites.
"Affiliate Partner", "Partner" means a site that is rewarded for placing Advertiser links on its site.
"Member" means an Advertiser or Affiliate Partner that uses the Service. A Member may use the Service as an Advertiser, a Affiliate Partner or both.
"Link" means a hyperlink placed on a Affiliate Partner's site that, when clicked on, serves an Advertiser's Web page to the user's browser. The hyperlink may be in the form of text, a button, a banner or any other acceptable hyperlink format.
"Expiry Date" means the date where your service with AffiliateShop would be terminated.
"Visitor" means any person or web surfer that clicks on an Advertiser's Affiliate Link placed on a Affiliate Partner's site.
"Pay-out" means the amount per-click paid by an Advertiser to a Affiliate Partner and is expressed as cents-per-click.
"Valid Click" is a click from a Affiliate Partner's site to an Advertiser's site that results in the Advertiser's Web page being viewable to the visitor. A Valid Click results in a charge to an Advertiser's account and a credit to a Affiliate Partner's account. A click is deemed valid by the AffiliateShop system when it meets certain criteria as defined in this agreement. This definition of valid click may change without further notification to the Members.
You may post offers to pay Affiliate Partners a specified Pay-out rate in return for Affiliate Partners placing your Link on their site.
You may place and remove Advertiser Links on your site as you wish.
Advertisers may change or discontinue Pay-outs at any time. You are responsible for determining if a Advertiser has changed or discontinued the Pay-out for a Link You have placed on your site.
Pendulab Pte Ltd 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 and fees at any time. In either such case Pendulab Pte Ltd will notify Members via e-mail, newsletter or the AffiliateShop Web site of such changes, at which time Members may either agree to such changes or withdraw from the Service.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN AFFILIATESHOP:: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, WAREZ SITES ANY OTHER SITES DEEM OBJECTIONABLE BY THE STAFF OF AFFILIATESHOP.
You shall be responsible for maintaining the confidentiality of Your email 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 Pendulab Pte Ltd and referral to the appropriate law enforcement agencies.
ACCEPTED USE OF THE SERVICE
You represent to Pendulab Pte Ltd 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 objectionable.
You and your Affiliate Partner shall not provide, promote, distribute, place or otherwise publish as a Member of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, multi-level marketing based, abusive, fraudulent or violates any law. As Pendulab Pte Ltd may not review all information provided by You, You shall remain solely responsible for Your content and Web site.
As a Member, You may not artificially inflate traffic counts to Advertiser site(s) using any device, program, robot or other means. Links may not be placed in newsgroups, unsolicited e-mail, banner networks, counters, chat rooms or guest books. Any Link placed must be done so in such a way that it is not misleading to any Visitor and done so with the intention of delivering Valid Clicks to the related Advertiser for that Link.
PENDULAB PTE LTD RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF AFFILIATESHOP. If You are terminated from the Service, Pendulab Pte Ltd has the right to withhold money You have paid in advance till the end of the Expiry Date.
You will be billed according to the Pricing schedule stated on the URL
If you sign up under the existing pricing plan, Pendulab reserves the right to amend your existing fee in the future. If Pendulab makes an adjustment to your existing billing plan, Pendulab will give You Twelve months notice before the effective date where the billing will be based on the new price plan. At any time during these twelve months, You can either terminate your Service or Accept the new price plan, the latter upon which you will be billed based on the new plan on the thirteenth month after the notice date.
Prior to an account being cancelled, clients are required to pay all outstanding invoices and complete the Cancellation Request Form located in the software documentation at this direct link: http://edge.affiliateshop.com/webmasters/primer.html. The cancellation request form must be filled out prior to the day of renewal for each month .
AffiliateShop shall refund the entire first month fee to Customer, excluding the setup fee, if AffiliateShop in its sole discretion decides that it is not feasible to integrate AffiliateShop system with the Customer's online shopping cart system. AffiliateShop shall arrive at a decision within one month from the date of Customer sending an integration request via email to AffiliateShop. If AffiliateShop determines it is feasible to integrate with Customer's online shopping cart system and if the shopping cart provider or agent requires a fee to accommodate the integration, Customer shall wholly bear the cost of such fees. If Customer does not want to pay the work fee levied by the shopping cart provider or agent, AffiliateShop is not entitled to refund the first month's fee to Customer. In the event of a refund been made to Customer, the Customer shall cease the use of the AffiliateShop service and will no longer be a customer of AffiliateShop immediately. AffiliateShop shall not be liable to Customer for any loss in productivity or operation of the Customer's website and online shop during the integration process.
The Service, its use and the results of such use are provided "as is." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PENDULAB PTE LTD 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, PENDULAB PTE LTD 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.
LIMITATION OF LIABILITY
PENDULAB PTE LTD OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR YOUR AFFILIATES FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE AFFILIATESHOP SERVICE OR ANY INFORMATION PROVIDED ON THE AFFILIATESHOP 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 ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PENDULAB PTE LTD OR A PENDULAB PTE LTD 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, PENDULAB PTE LTD'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 to indemnify Pendulab Pte Ltd and its 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.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated. This Agreement may be terminated by Pendulab Pte Ltd or You for any reason or no reason upon five (5) days prior written or fax notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination, You shall no longer be entitled to use the Service. Pendulab will reserve the right to delete all of Your affiliates records and your merchant account immediately without giving you due notice if and only if you cancelled the billing account on your own accord AND/OR Pendulab is not able to bill you successfully for the monthly fee after repeated reminders have been sent to the Merchant at the email address registered with AffiliateShop.
You shall not divulge the operations and methods used by the AffiliateShop system to any other third person, parties, businesses, organizations or companies without the written consent of Pendulab Pte Ltd. This Act of Confidentiality shall continue to be valid for Four Years after You have terminated this Agreement.
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.