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| AFFILIATE AGREEMENT/TERMS OF SERVICE |
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By completing and
sending in the accompanying registration form, you are entering
into a legal agreement with CountryHeartland.com which contains all
of the terms and conditions below and governs your participation
in the CountryHeartland.com Search Engine.
1. DEFINITIONS
For purposes of this Agreement, the following terms will have
the indicated meanings:
Search Box: The CountryHeartland.com graphical element
containing the CountryHeartland.com Logo, in which users enter
search queries in order to receive Search Results, as depicted.
Search Results: All Web pages displaying
CountryHeartland.com's search results, as depicted , including one
or more of the CountryHeartland.com Marks, in a manner and format
determined by CountryHeartland.com in its sole discretion.
Affiliate/Partner: The name of the company or individual
or other corporate entity provided in the registration form.
Affiliate/Partner's Web Site: The pages of Affiliate, as
indicated in Affiliate's registration form "URL of
Site."
Click-Through: When a user of Affiliate's Web Site clicks
the link to an advertisers site and a valid search request is
received at the Search Engine. Incentivized clicks are not
allowed in any form.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement,
CountryHeartland.com grants to Affiliate a limited, non-exclusive,
non-assignable, non-transferable, non-sub-licensable
royalty-free license during the term of this Agreement to place
a Search Box(es) and display the Search Results on Affiliate's
Web Site; and display the CountryHeartland.com Marks solely in
connection with the exercise of Affiliate 's rights under this
Agreement.
Affiliate shall apply, use, and reproduce at least one of the
Search Boxes, in the size, place, and manner CountryHeartland.com
may indicate from time to time, on Affiliate 's Web Site.
Affiliate shall display such Search Boxes and Search Results and
CountryHeartland.com Marks only in a manner that complies in all
material respects with CountryHeartland.com's policies in effect
from time to time, and with the CountryHeartland.com Usage
Guidelines, and as modified from time to time by
CountryHeartland.com in its sole discretion.
Affiliate acknowledges that all right, title and interest in the
Search Box(es), Search Results and the CountryHeartland.com Marks
are exclusively owned by CountryHeartland.com and/or its licensors,
and that no right other than the limited license granted herein
is provided to Affiliate. Affiliate shall not assert copyright
ownership or other intellectual property ownership or other
proprietary rights in the Search Box(s), Search Results or the
CountryHeartland.com Marks, or in any element, derivation,
adaptation variation or name thereof.
3. CountryHeartland.com Responsibility
CountryHeartland.com shall provide Affiliate with a Search Box(es)
that will enable a user of Affiliate's Web Site to type in a
search query that will produce the Search Results.
CountryHeartland.com shall provide the Search Results on Affiliate's
Web Site in a manner and format determined by
CountryHeartland.com in its sole discretion
CountryHeartland.com will provide Affiliate with a user ID and
password to access an on-line tool to view information about the
number of clicks that were generated from an Affiliates web
site and the associated commission earned. Affiliate understands
and agrees that CountryHeartland.com pays commissions based only on
clicks, or advertiser site visits, AND THAT THE NUMBER OF SEARCH
REQUESTS GENERATED MAY NOT BE THE SAME AS THE NUMBER OF ACTUAL
CLICKS. CountryHeartland.com will only pay any commission, referral
income and bonus money if we are successful in getting
advertisement. We are not liable to pay any Affiliate without
getting paid by advertisers. Commissions are directly related to
the advertising revenue generated by CountryHeartland.com
RIGHT OF TERMINATION : CountryHeartland.com reserves at their sole
discretion to terminate any members account that is thought to
have violated any of these terms within this agreement. Any of
the above terminations can be carried out without prior notice.
CountryHeartland.com reserves the right to terminate any account if
it is inactive for more than 30 days. CountryHeartland.com reserves
the right to terminate the account of any affiliate who publicly
posts derogatory and/or slanderous statements about
CountryHeartland.com, or any of its subsidiaries or officers and
will result in forfeiture of all monies owed and possible
criminal prosecution. Affiliates sending any hits from any URLs
which contain and/or promote the following content: warez, MP3s,
ROMs, EMUs, newsgroup postings, SPAM e-mails, or any other site
which contains content or promotes activities which are illegal
in the United States will result in the immediate cancellation
of the account from which the hits were sent. Only one affiliate
account is allowed per individual. Any artificial means of
generating traffic including, but not limited to, hit bots,
multiple clicking scripts, traffic from an open proxy server,
targeting specific keywords, hidden links and incentivizing
surfers in any way or any other similar activity will result in
termination of the account, forfeiture of all monies owed and
possible criminal prosecution. Search Exchanges are strictly
prohibited. All searches MUST originate from either, our portal
page or from one of our search boxes located on your website. No
other form of searches are acceptable. Non compliance will
result in immediate termination of your account. All affiliates
personal information must be filled out completely to receive
payment. Any false or missing information will result in
termination of the account and forfeiture of all money owed.
CountryHeartland.com reserves the right to send payment throught
money order to the mailing address supplied by our affiliates if
fraudulent activity is suspected. CountryHeartland.com shall have
the right, in its sole discretion, to determine whether click-thrus
are fraudulent or derived from improper use of the Search Box(es).
All decisions by CountryHeartland.com are final.
4. CountryHeartland.com will only accept affiliates from the
following countries: United States, Canada, Australia, Austria,
Belgium, Denmark, Finland, France, Germany, Greece, Iceland,
Italy, Netherlands, New Zealand, Norway, Portugal, Malta, Spain,
Sweden, Switzerland and United Kingdom. Affiliates signing up
from other countries will be deleted without warning. Affiliates
Responsibility
Affiliate shall enable users of Affiliate's Web Site to enter
search queries at a Search Box(s)
Affiliate will not change the Search Box(es), Search Results or
the CountryHeartland.com Marks or any other material that may be
licensed to Affiliate without CountryHeartland.com's prior written
approval.
Affiliate shall not solicit any CountryHeartland.com advertiser or
client without the prior written approval of CountryHeartland.com.
Affiliate agrees that it is solely responsible for the
development, maintenance and operation of Affiliate's Web Site whose pages are
written entirely in English and for all materials and content
that appears on Affiliate's Web Site. Any website that offers
rewards in any form to users for clicking on links or visiting
websites are not eligible to join our programs. Affiliates
may only advertise their search box/link on quality content
websites. We do not approve of placing the CountryHeartland.com's
search box on sites that contain only banners and search boxes.
Affiliate's Web Site(s) must not contain anything related to
warez, porn, hate, or piracy. The site must not an incentivized
site or just a list of search boxes or money-making programs.
Affiliate may not reference CountryHeartland.com in any way without
first receiving written consent from CountryHeartland.com
All Users sent by you must come from a Web page written in
ENGLISH.
All valid clicks must be a result of a user performing a
search by entering keywords into a search box or clicking on a
text link. In either case, the search results displayed must
exactly match the keyword phrase being searched.
Affiliates may use this account for multiple domains and/or
websites.
Affiliates may also build a search portal containing at least
100 keywords in at least 8 topics (catagories) and a
search box. Affiliates are not allowed to list
only keywords that may be assumed high bid
price.
Affiliate must be approved to setup their portal page on other domain
by CountryHeartland.com. NO incentivized or targeted keyword
searches and NO portal pages hosted on
incentive based domains are allowed, doing so risks account
termination. If any affiliate member is found to be
incentivizing, targeting keyword searches or having more then
one account, the result will be immediate cancellation of the
account(s) from which the hits were sent and the forfeiture of
any funds owed to that account. Paid To Click, Paid To Search
traffic is not allowed. Any incentives sent from get paid to
programs sent to your text link are not allowed except for
portal page link that is approved by CountryHeartland.com.
CountryHeartland.com reserve the right to forfeit any earnings from
such practices.
Affiliates are NOT allowed to ask, beg or otherwise
suggest people to search from their site. It has to be the
visitor's choice to make a search for something they need.
Affiliates CANNOT try and defraud the system by changing IP
addresses or using any kind of click software. The use of open
proxies is strictly prohibited, affiliates found using proxies
will immediately loose their account.
Affiliate must be an active member to get your monthly
commission from us.
5. Affiliate Payments
CountryHeartland.com will track all Affiliate's referrals and their
commission. CountryHeartland.com will have full authority to make
final decision in this regard. Affiliate's commissions shall be
paid by Paypal. CountryHeartland.com pays once monthly on request
with no minimum.
CountryHeartland.com has the right to deduct any referral earnings and referral bonus
if the referral account that is thought to have violated any of
these terms within this agreement.
6. Limitation of CountryHeartland.com's Liability
In no event shall CountryHeartland.com's liability arising out of
this Agreement exceed the net amount payable to Affiliate under
this Agreement during the three (3) months prior to the date of
such cause. CountryHeartland.com shall not be liable hereunder by
reason of any failure or delay in the performance of its
obligations on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, earthquakes,
Internet outages, acts of God, war, governmental action, or any
other cause that is beyond the reasonable control of
CountryHeartland.com.
7. Changes to Agreement
CountryHeartland.com may change this Agreement at any time upon
publishing a notice in CountryHeartland.com. Any use of the
Intellectual Property after such notice shall be deemed to be
continued acceptance of this Agreement including its amendments
and modifications. Affiliate is responsible for reading and
checking these terms on a regular basis.
8. Relationship of Parties
This Agreement shall not be construed to create a joint venture
or partnership between the parties. Neither party shall be
deemed to be an employee, agent, partner or legal representative
of the other for any purpose and neither shall have any right,
power or authority to create any obligation or responsibility on
behalf of the other.
9. Key Words and Phrases
CountryHeartland.com offers no exclusivity on keywords or phrases.
Each advertiser will be given ranking positions based upon the
bid they enter on keywords/phrases. No keyword listings shall be
sent out, doing so will result in a deletion of your account.
10. Miscellaneous
The term of this Agreement (the "Term") shall commence
on the date Affiliate agrees to the terms and conditions of this
Agreement and shall continue in force for a period of one-year
thereafter, unless earlier terminated as provided herein. This
Agreement will renew automatically for successive one-year
periods until expiration of the commercial usefulness of the
Search Results, until either party gives written notice to the
other party of its intent not to renew no less than thirty (30)
days prior to the end of the previous one-year period, or until
terminated.
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