You are applying to participate in the ALS Scan, Inc. ("ALS") Webmaster Referral program ("Program") on the terms and conditions set forth in this Webmaster Affiliate Agreement ("Agreement"). By applying, you agree to comply with and be bound by all such terms and conditions. Participation in the Program is subject to approval by ALS and CCBill, and approval may be granted or denied at their discretion.
The Program is a referral service whereby approved Webmasters ("Webmasters") refer Internet users ("Users") to the ALS websites, ALSSCAN.COM & ALSANGELS.COM, via hyperlink to a unique URL provided by ALS, in exchange for a percentage of the revenue generated by sales of ALS memberships to those referred Users.
Webmasters earn fifty percent (50%) of the initial Net Revenue as well as fifty percent (50%) of recurring Net Revenue generated by sales of ALS memberships to Users whom they refer in accordance with the requirements set forth herein ("Commissions"). "Net Revenue" means the gross amount actually collected from Users for Web Site memberships, less any and all bank fees, processing fees, credits, chargebacks, and reserves. Checks for Commissions are sent out every two weeks once the Commissions exceed $25.00; any Commissions earned below this threshold will be carried forward to the following pay period. All checks will be issued in US Dollars. If a Webmaster is indebted to or otherwise obligated to pay money to ALS under any other agreement, ALS reserves the right to apply any Commissions otherwise payable to satisfaction of such other debt or obligation.
Permitted Methods Of Reffering Users
Webmasters may refer Users using approved banner ads and text links only. If your application for participation in the Program is approved, you will be provided with access to promotional materials.
Prohibited Methods Of Reffering Users
You will not be paid Commissions in connection with memberships purchased by Users who are referred using prohibited methods. Prohibited methods include, but are not necessarily limited to, pop-up consoles, redirects, blind links, hypertext links contained in Spam, or linked images other than approved banner ads. Referrals generated as a requirement to enter a Webmaster's site or third-party Web site, or to obtain access to goods or other services on a Webmaster's site or third-party Web site, are also prohibited.
ALS has a zero-tolerance policy for unsolicited commercial e-mail as well as for unsolicited commercial communications transmitted via instant messenger service, chat room, newsgroup, or message board (collectively "Spam"). Spamming can result in significant civil and criminal penalties, and WILL result in immediate termination of your account and forfeiture of unpaid Commissions.
Web sites that promote or contain content consisting of or relating to warez, stolen passwords, MP3s, bestiality, rape, child pornography or promotion of hatred or violence are not permitted in the Program.
Web sites that utilize excessive pop-up windows, timed consoles, or full-screen windows without toolbars, or that otherwise engage in unfair or deceptive business practices or violate applicable laws or regulations, are not permitted in the Program.
All clicks to our banners and images MUST 100% of the time direct the user to our website. Redirecting traffic to any other site with the usage of our material will result in immediate termination from our affiliate program.
You must provide, within 24 hours of our request, a working username-password combination for any password-protected areas of your Web site.
During the Term of this Agreement, ALS grants to all Webmasters a non-exclusive, non-transferable license to use the ALS name and its promotional banners, solely in connection with the Webmaster's participation in the Program and subject to the restrictions and limitations set forth in this Agreement ("Licensed Material"). This license cannot be sub-licensed, assigned or otherwise transferred. Upon termination of this Agreement or at any time upon ALS's request, the license granted herein shall automatically and immediately terminate and the Webmaster shall immediately remove all promotional materials for and hyperlinks to the ALS Web Sites from his/her Web site. Participation in the Program does not constitute express or implied authorization to use, publish, or display any ALS content other than that provided by ALS pursuant to this Agreement.
ALS reserves the right to amend the terms and conditions of this Agreement at any time without prior notice. It is your responsibility to refer to this document periodically to keep informed of any changes to this Agreement.
THE PROGRAM AND THE ALS WEBSITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. ALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM OR THE ALS WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ALS WEBSITES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PROGRAM OR ALS WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND REGARDLESS OF THE FORM OF ACTION ASSERTED. ALS DOES NOT WARRANT THAT THE PROGRAM OR THE ALS WEBSITES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THE ALS WEBSITES AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE PROGRAM, THE ALS WEBSITES, THIS AGREEMENT, OR CCBILL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM.
Right Of Termination
ALS reserves the right to terminate this Agreement at any time, for any reason or for no reason, without prior notification. Except as expressly provided herein, you will be notified immediately and paid according to schedule for all unpaid Commissions earned up to that time. Violation of any term, condition, or prohibition of this Agreement (whether by you or others acting on your behalf) may result in immediate termination of your account and forfeiture of unpaid Commissions.
You must be at least eighteen years of age to participate in the Program and you hereby represent and warrant that you are over the age of eighteen.
You agree to defend, indemnify, and hold ALS, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys' and arbitrator's fees, resulting from, arising out of, or in any way connected with your breach of this Agreement or of any warranty or representation contained herein.
In any action or proceeding brought to enforce any provision of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs.
Venue And Choice Of Law
The laws of the State of Maryland govern this Agreement, without giving effect to provisions related to choice of laws or conflict of laws. Any legal action or suit or arbitration proceeding arising out of or based upon this Agreement shall be conducted in the State of Maryland, and you hereby agree to submit to the personal jurisdiction of the United States District Court for the District of Maryland and to waive any objection based on improper venue or inconvenient forum in any proceeding in such tribunals. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.