THIS IS A LEGAL AGREEMENT BETWEEN YOU (THE PUBLISHER) AND RINGTONEPARTNER.COM. BY SIGNING TO RINGTONEPARTNER AFFILIATE PROGRAM YOU AGREE TO HAVE AN UNDERSTADNING OF THESE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CAN NOT PARTICIPATE IN THE MARKETING SERVICE UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Introduction: Ringtonepartner.com requires that every potential affiliate read, agree and acknowledge the Terms and Conditions described in this Agreement. An affiliate may not use Ringtonepartner’s services unless it agrees to the terms in this Agreement.
Furthermore, each Program or Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an offer, you expressly consent to all the terms and conditions of this Agreement. Affiliates that maintain their own affiliate networks must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to RingtonePartner's links and creative materials. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement or the Affiliate Agreement.
Participants: Customers, affiliates, merchants and Ringtonepartner are involved in Ringtonepartner Affiliate Program. Users involved in the Ringtonepartner affiliate program are merchants/companies (partners) whom market and sell goods or services through legal advertising mediums (banners, websites, emails, etc) through the internet.
Limitations on Use: You must be 18 years or older to sign up as a RingtonePartner partner. The Partner must provide Ringtonepartner with valid, up to date, and accurate information. This includes name, street address, telephone number, and email address. Since all communication will be sent electronically, it is the Partner’s responsibility to monitor and replay to e – mail letters sent to the address provided to Ringtonepartner.com
Copyright: The Partner guarantees that all content, products, and services on the Partner’s web site are legal to distribute and owned or have the legal right to use any and all copyrighted material by the Partner. The partner irrevocably covenants, promises and agrees to indemnify RingtonePartner and to hold RingtonePartner harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
Fraud: Ringtone Partner ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by RingtonePartner, such as pre-population of forms or mechanisms not approved by RingtonePartner) you will forfeit your entire commission for all programs and your account will be terminated. RingtonePartner reserves sole judgment in determining fraud and you agree to this clause. It is the OBLIGATION of the Partner to prove to RingtonePartner that they are NOT committing fraud. RingtonePartner will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system.
Restrictions: All web sites, newsletters, companies, or individuals need official approval from Ringtone Partner (http://www.RingtonePartner.com) before they can become a partner (Affiliate, Publisher, and Partner). Only web sites and newsletters that have been reviewed and approved are permitted to use the programs. Ringtone Partner reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever. In order to be eligible approval, all web sites must meet the following criteria: Be content-based, not simply a list of links or advertisements. Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc. Be fully functional at all levels; no 'under construction' sites or sections. The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to: Explicit, vulgar or obscene language. Posting or referencing of sexually explicit images or other offensive content. The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to: Racial, ethnic, political, hate-mongering or otherwise objectionable. Any Gratuitous violence or profanity and material that defames abuses or threatens physical harm to others or to you, promotion of illegal substances or activities such as illegal online gambling counterfeiting money, etc. Software Pirating (e.g., Warez, Hotline), Hacking; any illegal activity whatsoever is also prohibited.
Anti Spam Policy: You must strictly comply with the federal CAN-SPAM Act of 2003 (the 'Act'). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to RingtonePartner for approval and upon receiving written approval from RingtonePartner of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon RingtonePartner's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon RingtonePartner's approval.
Confidentiality: The Partner agrees Ringtonepartner may, but is not obligated to, provide the Partner’s email address (es), account information (including but is not limited to partner’s address, telephone number, fax number, website name and address). Ringtonepartner reserves the right to be able to utilize the tracking code provided to it, which may include: information about the publisher’s statistics, to analyze marketing service trends, monitor marketing service efficiencies, maintain integrity of the tracking code, promote marketing service capabilities and efficiencies, and promote the Publisher and its Web performance to Advertisers.
Except as otherwise provided in this Agreement or with the consent of RingtonePartner , you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and advertisers lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you.
Term and Termination of Agreement: This contract binds for an unlimited period of time.
Both parties can terminate this contract at any time without notice. Should a termination occur by either party, Ringtonepartner is obligated to inform the affected participants.
Upon termination of this Agreement, any outstanding payments shall be paid by Ringtonepartner within ninety (90) days of the termination date.
In the event that no credit is earned within 24 months (2 years), the affiliate account shall be deleted. Remaining credit to the participants upon termination of the contract will be paid out according to the fee schedule.
Warranties: RingtonePartner gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by RingtonePartner or its upstream providers.
All disputes arising out of or in connection with this Agreement shall be governed by the substantive laws of Belize and shall be subject to the exclusive jurisdiction of the courts of Belize.
Payments: The commission payment that is generated to the Partner varies per registered subscriber to the programs offered and/or per lead/sale. This commission payment is made approximately 15 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by RingtonePartner will be credited to the Partner in the month that they are received. Ringtonepartner reserves the right to hold any payments due to Partner for which Ringtonepartner has no received payment from the relevant Advertiser of all monies due to Ringtonepartner.
Ringtonepartner Reserves the right to reduce payments to partner due to any offsets made by the Partner for invalid events, technical errors, tracking discrepancies or similar events that produce invalid results. All payments will be paid in U.S dollars. Commission payment totals must exceed $50.00; Accounts with a balance of less than $50 will roll over to the next month, and will continue to roll over monthly until $50 is reached.
Limitation of Liability: RingtonePartner shall pay Publisher after receipt of payment from Advertiser. Notwithstanding anything to the contrary contained in any insertion order, acknowledgment or other documents submitted by the Publisher, the Publisher agrees to hold the Representative solely liable for payment to the extent proceeds have cleared from the Advertiser to the Representative for advertising published in accordance with this Media Purchase Order. For sums owing but not cleared to the Representative, the Publisher agrees to hold the Advertiser named on the face of this form solely liable.
IN NO EVENT WILL RINGTONEPARTNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST OR IMPUTED PROFITS OR ROYALTIES, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION, AND IRRESPECTIVE OF WHETHER THE PARTY HAS ADVISED OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. RINGTONEPARTNER'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY RINGTONEPARTNER IN COMMISSIONS DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Indemnifications: The partner irrevocably covenants, promises and agrees to indemnify, defend and to hold harmless RingtonePartner and its subsidiaries, affiliates, partners and licensors, and their respective directors, officers, employees, owners and agents harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
If any partner violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, RingtonePartner reserves the right to withhold payment and take appropriate legal action to cover its damages.
Changes to Agreement: RingtonePartner reserves the right to change any conditions of this contract at any time. Change notices are sent to the partner by email, and the partners are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the partner to terminate the Agreement within those 10 calendar days will constitute acceptance of the changes to this contract.
Introduction: Ringtonepartner.com requires that every potential affiliate read, agree and acknowledge the Terms and Conditions described in this Agreement. An affiliate may not use Ringtonepartner’s services unless it agrees to the terms in this Agreement.
Furthermore, each Program or Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an offer, you expressly consent to all the terms and conditions of this Agreement. Affiliates that maintain their own affiliate networks must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to RingtonePartner's links and creative materials. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement or the Affiliate Agreement.
Participants: Customers, affiliates, merchants and Ringtonepartner are involved in Ringtonepartner Affiliate Program. Users involved in the Ringtonepartner affiliate program are merchants/companies (partners) whom market and sell goods or services through legal advertising mediums (banners, websites, emails, etc) through the internet.
Limitations on Use: You must be 18 years or older to sign up as a RingtonePartner partner. The Partner must provide Ringtonepartner with valid, up to date, and accurate information. This includes name, street address, telephone number, and email address. Since all communication will be sent electronically, it is the Partner’s responsibility to monitor and replay to e – mail letters sent to the address provided to Ringtonepartner.com
Copyright: The Partner guarantees that all content, products, and services on the Partner’s web site are legal to distribute and owned or have the legal right to use any and all copyrighted material by the Partner. The partner irrevocably covenants, promises and agrees to indemnify RingtonePartner and to hold RingtonePartner harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
Fraud: Ringtone Partner ACTIVELY monitors traffic for Fraud. If we detect Fraud, your account will be made inactive pending further investigation.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by RingtonePartner, such as pre-population of forms or mechanisms not approved by RingtonePartner) you will forfeit your entire commission for all programs and your account will be terminated. RingtonePartner reserves sole judgment in determining fraud and you agree to this clause. It is the OBLIGATION of the Partner to prove to RingtonePartner that they are NOT committing fraud. RingtonePartner will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system.
Restrictions: All web sites, newsletters, companies, or individuals need official approval from Ringtone Partner (http://www.RingtonePartner.com) before they can become a partner (Affiliate, Publisher, and Partner). Only web sites and newsletters that have been reviewed and approved are permitted to use the programs. Ringtone Partner reserves the right to withhold or refuse approval on any web site, newsletter, company, or individual for any reason, whatsoever. In order to be eligible approval, all web sites must meet the following criteria: Be content-based, not simply a list of links or advertisements. Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc. Be fully functional at all levels; no 'under construction' sites or sections. The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to: Explicit, vulgar or obscene language. Posting or referencing of sexually explicit images or other offensive content. The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to: Racial, ethnic, political, hate-mongering or otherwise objectionable. Any Gratuitous violence or profanity and material that defames abuses or threatens physical harm to others or to you, promotion of illegal substances or activities such as illegal online gambling counterfeiting money, etc. Software Pirating (e.g., Warez, Hotline), Hacking; any illegal activity whatsoever is also prohibited.
Anti Spam Policy: You must strictly comply with the federal CAN-SPAM Act of 2003 (the 'Act'). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to RingtonePartner for approval and upon receiving written approval from RingtonePartner of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon RingtonePartner's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon RingtonePartner's approval.
Confidentiality: The Partner agrees Ringtonepartner may, but is not obligated to, provide the Partner’s email address (es), account information (including but is not limited to partner’s address, telephone number, fax number, website name and address). Ringtonepartner reserves the right to be able to utilize the tracking code provided to it, which may include: information about the publisher’s statistics, to analyze marketing service trends, monitor marketing service efficiencies, maintain integrity of the tracking code, promote marketing service capabilities and efficiencies, and promote the Publisher and its Web performance to Advertisers.
Except as otherwise provided in this Agreement or with the consent of RingtonePartner , you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and advertisers lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you.
Term and Termination of Agreement: This contract binds for an unlimited period of time.
Both parties can terminate this contract at any time without notice. Should a termination occur by either party, Ringtonepartner is obligated to inform the affected participants.
Upon termination of this Agreement, any outstanding payments shall be paid by Ringtonepartner within ninety (90) days of the termination date.
In the event that no credit is earned within 24 months (2 years), the affiliate account shall be deleted. Remaining credit to the participants upon termination of the contract will be paid out according to the fee schedule.
Warranties: RingtonePartner gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by RingtonePartner or its upstream providers.
All disputes arising out of or in connection with this Agreement shall be governed by the substantive laws of Belize and shall be subject to the exclusive jurisdiction of the courts of Belize.
Payments: The commission payment that is generated to the Partner varies per registered subscriber to the programs offered and/or per lead/sale. This commission payment is made approximately 15 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by RingtonePartner will be credited to the Partner in the month that they are received. Ringtonepartner reserves the right to hold any payments due to Partner for which Ringtonepartner has no received payment from the relevant Advertiser of all monies due to Ringtonepartner.
Ringtonepartner Reserves the right to reduce payments to partner due to any offsets made by the Partner for invalid events, technical errors, tracking discrepancies or similar events that produce invalid results. All payments will be paid in U.S dollars. Commission payment totals must exceed $50.00; Accounts with a balance of less than $50 will roll over to the next month, and will continue to roll over monthly until $50 is reached.
Limitation of Liability: RingtonePartner shall pay Publisher after receipt of payment from Advertiser. Notwithstanding anything to the contrary contained in any insertion order, acknowledgment or other documents submitted by the Publisher, the Publisher agrees to hold the Representative solely liable for payment to the extent proceeds have cleared from the Advertiser to the Representative for advertising published in accordance with this Media Purchase Order. For sums owing but not cleared to the Representative, the Publisher agrees to hold the Advertiser named on the face of this form solely liable.
IN NO EVENT WILL RINGTONEPARTNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST OR IMPUTED PROFITS OR ROYALTIES, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION, AND IRRESPECTIVE OF WHETHER THE PARTY HAS ADVISED OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. RINGTONEPARTNER'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY RINGTONEPARTNER IN COMMISSIONS DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Indemnifications: The partner irrevocably covenants, promises and agrees to indemnify, defend and to hold harmless RingtonePartner and its subsidiaries, affiliates, partners and licensors, and their respective directors, officers, employees, owners and agents harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from member's web pages.
If any partner violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, RingtonePartner reserves the right to withhold payment and take appropriate legal action to cover its damages.
Changes to Agreement: RingtonePartner reserves the right to change any conditions of this contract at any time. Change notices are sent to the partner by email, and the partners are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the partner to terminate the Agreement within those 10 calendar days will constitute acceptance of the changes to this contract.