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 OrgALL
Rewards - Terms |
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OrgALL.biz
Affiliate Program Terms and Conditions
This Agreement contains the complete terms
and conditions that apply to an individual's
or entity's participation in the bOrgALL.biz
Partner Program (the Program). As used in
this Agreement, we means OrgALL.biz, and
you means the applicant. Site means a World
Wide Web site and, depending on the context,
refers either to OrgALL.biz's site located
at the URL http://www.orgall.biz, or to
the site that you will link to our site
(and which you will identify in your Program
application).
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| 1. |
Enrollment
in the Program
To begin the enrollment process, you will
submit a complete Program application via
our site. We will evaluate your application
in good faith and will notify you of your
acceptance or rejection. We may reject your
application if we determine (at our sole
discretion) that your site is unsuitable
for the Program. Examples of unsuitable
sites (this list is not exhaustive) are
those that:
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Promote
sexually explicit materials, adult
and/or mature content, Hacking/cracking
content.
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Promote
violence & profanity.
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Promote
racial intolerance, or advocate against
any individual, group, or organization,
sex, religion, nationality, disability,
sexual orientation, or age.
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Promote
illegal activities, gambling or casino-related
content.
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Otherwise
violate intellectual property rights.
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Are in
any nature perceived to be as competitive
sites to OrgALL.biz
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Has Excessive
advertising; Excessive, repetitive,
or irrelevant keywords in the content
or code of web pages.
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Offers
Incentives (monetary or point-based)
to users to click on OrgALL.biz links
or ads.
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Offer
sales or promote of certain weapons,
such as firearms, ammunition, butterfly
knives, and brass knuckles.
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Offer
sales or promote of beer or hard alcohol,
tobacco or tobacco-related products,
prescription drugs.
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If we reject your application, you are welcome
to reapply to the Program at any time. You
should also note that if we accept your
application and your site is thereafter
determined (at our sole discretion) to be
unsuitable for the Program, we may terminate
this Agreement at any time.
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| 2. |
Links on
Your Site
Once you have been notified that your site
has been accepted into the Program, you
may provide on your site a general link
to OrgALL.biz home page at http://www.orgall.biz.
We will provide you with guidelines and
graphical artwork to use in linking to our
home page.
To permit accurate tracking, reporting,
and referral fee accrual, we will provide
you with special "tagged" link
formats to be used in all links between
your site and our site. You must ensure
that each of the links between your site
and our site properly utilizes such special
link formats. Links to our site placed
on your site pursuant to this Agreement
and which properly utilize such special
link formats are referred to as "Special
Link" Or "Affiliate Link"
Or "Partner Link". You will
only earn referral fees with respect to
activity on our site occurring directly
through "Special Link" Or "Affiliate
Link" Or "Partner Link":
we will not be liable to you with respect
to any failure by you to use "Special
Link" Or "Affiliate Link"
Or "Partner Link", including
to the extent that such failure may result
in any reduction of amounts which would
otherwise be paid to you pursuant to this
Agreement.
IMPORTANT: Please remember that
we will provide you with a special link
(referred as "Special Link"
Or "Affiliate Link" Or "Partner
Link") to use to link your website
to OrgALL.biz. DO NOT link to http://www.orgall.biz
and we will not be able to track referrals
from your site to ours without that special
link
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| 3. |
Order Processing
We will process orders placed by customers
who follow Special Links (referred as "Special
Link" Or "Affiliate Link"
Or "Partner Link") from your site
to our site. We reserve the right to reject
orders that do not comply with any requirements
that we periodically may establish. We will
be responsible for all aspects of order
processing and service fulfillment. Among
other things, we will prepare order forms,
process payments, handle service fulfillment
and customer service. We will track sales
made to customers who purchase products
and services using Special Links (referred
as "Special Link" Or "Affiliate
Link" Or "Partner Link")
from your site to our site and will make
available to you reports summarizing this
sales activity. The form, content, and frequency
of the reports may vary from time to time
at our discretion.
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| 4. |
Referral Fees
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We will
pay you (in accordance with the terms
described below) referral fees on
certain sales to third parties. To
be eligible to earn a referral fee,
the customer must follow a Special
Link (referred as "Special Link"
Or "Affiliate Link" Or "Partner
Link") from your site to our
site, register as paid member
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Our referral
fee is $50 per paid membership
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Referral
Fees is not applicable to members
renewing their memberships at OrgALL.biz
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You may not directly or indirectly offer
any person or entity any consideration
or incentive (including, without limitation,
payment of money or awarding of any benefits)
for using Special Links (referred as "Special
Link" Or "Affiliate Link"
Or "Partner Link") on your site
to access our site (e.g., by implementing
any "rewards" program for persons
or entities who use Special Links on your
site to access our site). If we determine,
in our sole discretion, that you have
offered any person or entity any such
consideration or incentive, we may (without
limiting any other rights or remedies
available to us) withhold any referral
fees otherwise payable to you under this
Agreement.
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| 5. |
Payment
At the end of every month, we will send
you a cheque for your earnings subject to
a minimum earned balance of USD $100, once
we receive your invoice. If your account
balance is less than $100, we'll carry it
forward to the next month and mail you the
cheque once the balance touches $100.
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| 6. |
Policies
and Pricing
Customers who register through this Program
will be deemed to be customers of OrgALL.biz.
Accordingly, all OrgALL.biz terms and conditions,
rules, policies, and operating procedures
concerning member conduct, customer service,
and sales will apply to those customers.
We may change our policies and operating
procedures at any time. For example, we
will determine the prices to be charged
for services sold under this Program in
accordance with our own pricing policies.
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| 7. |
Responsibility for Your Site
You will be solely responsible for the
development, operation, and maintenance
of your site and for all materials that
appear on your site. For example, you
will be solely responsible for (this list
is not exhaustive) :
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The
technical operation of your site and
all related equipment.
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Ensuring
that materials posted on your site
do not violate or infringe upon the
rights of any third party (including,
for example, copyrights, trademarks,
privacy, or other personal or proprietary
rights).
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Ensuring
that materials posted on your site
are not libelous or otherwise illegal.
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We disclaim
all liability for these matters. Further,
you will indemnify and hold us harmless
from all claims, damages, and expenses
(including, without limitation, attorneys'
fees) relating to the development,
operation, maintenance, and contents
of your site.
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| 8. |
Term of the
Agreement
The term of this Agreement will begin upon
our acceptance of your Program application
and will end when terminated by either party.
Either you or we may terminate this Agreement
at any time, with or without cause, by giving
the other party written notice of termination.
Upon the 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 OrgALL.biz 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.
You are only eligible to earn referral fees
on our sales of Qualifying Products occurring
during the term, and referral fees earned
through the date of termination will remain
payable only if the related orders are not
canceled or returned. We may withhold your
final payment for a reasonable time to ensure
that the correct amount is paid.
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| 9. |
Modification
We may modify any of the terms and conditions
contained in this Agreement, at any time
and in our sole discretion, by posting a
change notice or a new agreement on our
site. Modifications may include, for example,
changes in the scope of available referral
fees, referral fee schedules, payment procedures,
and Program rules. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
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| 10. |
Relationship
of Parties
You and we are independent contractors,
and nothing in this Agreement will create
any partnership, joint venture, agency,
franchise, sales representative, or employment
relationship between the parties. You will
have no authority to make or accept any
offers or representations on our behalf.
You will not make any statement, whether
on your site or otherwise, that reasonably
would contradict anything in this Section.
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| 11. |
Limitation
of Liability
We will not be liable for indirect, special,
or consequential damages (or any loss of
revenue, profits, or data) arising in connection
with this Agreement or the Program, even
if we have been advised of the possibility
of such damages. Further, our aggregate
liability arising with respect to this Agreement
and the Program will not exceed at any time
and under any circumstances the total referral
fees paid or payable to you under this Agreement.
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| 12. |
Disclaimers
We make no express or implied warranties
or representations with respect to the Program
or any products sold through the Program
(including, without limitation, warranties
of fitness, merchantability, non-infringement,
or any implied warranties arising out of
a course of performance, dealing, or trade
usage). In addition, we make no representation
that the operation of our site will be uninterrupted
or error-free, and we will not be liable
for the consequences of any interruptions
or errors.
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| 13. |
Independent
Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU UNDERSTAND THAT WE MAY AT
ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER
FROM THOSE CONTAINED IN THIS AGREEMENT OR
OPERATE WEB SITES THAT ARE SIMILAR TO OR
COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT. |
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Miscellaneous
This Agreement will be governed by US laws
without reference to rules governing choice
of laws. Any action relating to this Agreement
must be brought in the Virginia Jurisdiction,
US and you irrevocably consent to the jurisdiction
of such courts. You may not assign this
Agreement, by operation of law or otherwise,
without our prior written consent. Subject
to that restriction, this Agreement will
be binding on, inure to the benefit of,
and enforceable against the parties and
their respective successors and assigns.
Our failure to enforce your strict performance
of any provision of this Agreement will
not constitute a waiver of our right to
subsequently enforce such provision or any
other provision of this Agreement.
Have questions about the Orgall Rewards
Program?
Contact us.
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