Affiliate Operating Agreement - Terms and ConditionsBy participating in the MAGSFORLESS affiliate marketing program (the "Program") you ("Publisher") agree with the following terms and conditions of the Program:
1. Enrollment in the Program: You will submit a complete Affiliate Program application from our site. After we carefully review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of MAGSFORLESS. If your site is accepted, MAGSFORLESS may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program. Publisher may terminate its participation in the Program for any reason as well.
2. Promotion of MAGSFORLESS Affiliate Program: Upon your acceptance as an Affiliate Site, MAGSFORLESS will make available to you a variety of graphic and textual links, which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your site to ours.
3. Commissions and Payment: MAGSFORLESS agrees to pay publishers 25% of every subscription that is generated through an affiliate link unless another arrangement has been made between the publisher and MAGSFORLESS.
4. Legal Publications and Business: Publisher agrees not to participate in the Program through any Web site or e-mail service that is misleading, libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, or offers any illegal good or service, links to any Web site that does so, offers or promotes any illegal activity or the disparagement of any individual group on the basis of age, color, national origin, race, religion, gender, sexual orientation or physical or mental handicap, which engages in sending unsolicited commercial e-mail, or which is based outside of the United States.
5. Publicity: Publisher is authorized to use MAGSFORLESS logos, trade names, trademarks, and service marks, solely for the purpose of promoting MAGSFORLESS products through the Program. Publishers may not alter, modify or change the foregoing in any way. If the publisher wishes to publish or use written copy regarding MAGSFORLESS, it has to be authorized by MAGSFORLESS before placed on the publisher site.
6. Termination: The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all MAGSFORLESS trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
7. Liability: Publisher agrees to indemnify, defend and hold harmless MAGSFORLESS and its parents, subsidiaries, successors and assigns from any and all losses, liabilities, damages, actions, claims, expenses, and costs including, without limitation, reasonable attorneys' fees, which result or arise from or related to the development, operation, maintenance, and contents of the Publisher's Web site or electronic mail solicitations, or Publisher's negligence or breach of these Terms and Conditions.
8. Independent Contractors: Nothing contained herein shall imply any partnership, joint venture or agency relationship among the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever, except to the extent herein provided.
9. Agreement: These Terms and Conditions shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
10. Modifications: MAGSFORLESS may modify any of these terms and conditions upon seven (7) days' notice to Publisher. Continued participation in the Program will constitute acceptance of the modification by Publisher.
11. Authorized Web Site and Traffic: Publisher is authorized to generate traffic to and from the site we approve. Publishers may use CPC (Cost-Per-Click) programs such as Google, Overture etc. as long as the customer goes through the approved site before coming to MAGSFORLESS. Publisher may not use an affiliate link at the search engine and link traffic directly to MAGSFORLESS. If a publisher does not follow these rules when using such CPC programs, we will have no choice but to terminate the relationship. This would jeopardize any commissions earned to that point.
12. Unsolicited Email: Under NO circumstances can a Publisher send unsolicited e-mails to anyone, in accordance to CAN-SAM Act of January 1, 2004.
13. Anti-Predatory Advertising Policy: Affiliates will be removed from the MAGSFORLESS Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in the MAGSFORLESS affiliate program; for example, overriding or stealing tracking cookies to generate sales for themselves.
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