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By completing and sending in the attached Affiliate Program
application form, you are entering into a legal agreement
with FirstBookmark.com, which contains all of the terms
and conditions below and governs your participation in
the FirstBookmark.com Affiliate Program.
"FirstBookmark" refers to and/or means any of
the trademarks, service marks, trade names, names, designs,
logos, images and/or other proprietary names or marks
of O.A. INTERNET SERVICES LIMITED.
"Click-through" means when (i) a user of Your
Site either clicks on a Link or enters a valid search
request through a Search Box or a text link, which leads
the user to the FirstBookmark Site and (ii) such action
generates an HTML tag at http://www.firstbookmark.com/stats.php.
"Link" means a URL hyper linked to text, a
graphic, a search field or another information object
on Your Site.
"Search Box" means the graphic containing one
or more of the FirstBookmark.com where a user enters a
search query in order to receive search results from a
search engine.
"Your Site" means the website where you will
place our codes.
FirstBookmark.com Affiliate application is at http://www.firstbookmark.com/register.php.
FirstBookmark may reject your application if it determines
(in its sole discretion) that Your Site is unsuitable
for the Affiliate Program for any reason. If FirstBookmark.com
rejects your application, you may reapply at any time,
and FirstBookmark.com will reconsider the application.
You must be at least 18 years of age in order to qualify
and participate in the FirstBookmark.com Affiliate Program.
For privacy concerns, read our Privacy Policy.
FirstBookmark will provide to you (i) Search Box(es)
that will enable users of Your Site to type in a search
query that will access FirstBookmark service search results
and (ii) graphical and textual Links that will enable
users of Your Site to click through to the FirstBookmarkSite.
You will select the Search Box(es) and/or Links you wish
to display from the Search Box(es) and Links provided
by FirstBookmark and will place the selected Search Box(es)
and/or Links on Your Site and enable users of Your Site
to enter search queries at the Search Box(es) and click
on the Links. You may display the Search Box(es) and/or
Links you select on as many pages of Your Site as you
wish.
FirstBookmark hereby grants to you, during the Term and
subject to the terms and conditions of this Agreement,
a non-exclusive, non-transferable, non-assignable, royalty-free
license to place Search Box(es) and Links solely on Your
Site in connection with the exercise of your rights under
this Agreement. You acknowledge and agree that FirstBookmark
and/or its licensors own exclusively all right, title
and interest in the Search Box(es), the Links and the
FirstBookmark Marks and that you have no rights in the
Search Box(es), the Links or the FirstBookmark Marks other
than in connection with the limited license granted herein.
FirstBookmark will pay you 75 percentage of the amount
collected by FirstBookmark in connection with each click
to a paid FirstBookmark listing from a FirstBookmark Affiliate
search result or FirstBookmark Affiliate search box. At
any time and with reasonable prior notice, FirstBookmark
may, from time to time, modify the commission rate to
be paid to you. You acknowledge and agree that FirstBookmark
will pay a commission only on valid Click-thrus that meet
the definition above of a "Click-through", and
not on any fraudulent Click-thrus or any Click-thrus from
improper use of the Search Box(es). FirstBookmark 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). FirstBookmark shall not be required
to make any payments to you in connection with this Agreement
other than the commissions on Click-thrus, if earned.
FirstBookmark will pay you your commissions every week
as long as you have earned 100 dollars in that week, if
you have not reached the minimum amount, any amount earned
will be carried forward.
The term of this Agreement (the "Term") will
begin on the date FirstBookmark accepts your completed
Affiliate Program application and will continue in full
force and effect until terminated pursuant to this paragraph.
Either party shall have the right, in its sole discretion
for any reason whatsoever, to terminate this Agreement
at any time by giving the other party 5 days written notice;
provided, however, that FirstBookmark can terminate this
Agent immediately in the event it deems the content on
Your Site objectionable or if FirstBookmark becomes aware or suspects in any way
that you are or you have used any automated means to generate
additional Click-thrus, including, but not limited to
a script, macro, or any programmed robot or agent. In that case no funds will be paid and the Affiliate agrees
not to take any legal action against FirstBookmark.
You will defend and indemnify FirstBookmark from and
against any and all third party claims, damages, liabilities,
costs and expenses (including attorneys' fees and expenses)
arising out of the operation of Your Site.
FirstBookmark may modify any of the terms and conditions
contained in this Agreement. FirstBookmark will attempt
to notify you via e-mail of any such modification and
will post a change notice on the FirstBookmarkSite and
on the site from which you retrieve the information regarding
Click-thrus. If a modification is unacceptable, you may
terminate this Agreement by giving notice as provided
in paragraph 8. If you do not give FirstBookmark notice
within a reasonable time and continue to display the Search
Box(es) and/or Links on Your Site, then you will be deemed
to have accepted the modifications.
The parties are independent contractors, and this Agreement
will not be construed to create a partnership, joint venture
or employment relationship between them. Neither party
will represent itself to be an employee, agent or representative
of the other, and neither party will have the right or
authority to create any obligation or responsibility on
the other's behalf.
You may not assign this Agreement, in whole or in part,
by operation of law or otherwise, without the prior written
consent of FirstBookmark.
Any notice to be given under this Agreement shall be
in writing and shall be deemed delivered if delivered
by e-mail: if to you, to you at the e-mail address provided
in your Affiliate Program application form; and if to
FirstBookmark, to FirstBookmark at affiliates@firstbookmark.com.
You may use the Search Box(es) and Links solely for the
purpose authorized herein by FirstBookmark and only in
compliance with the specifications, directions, information
and standards supplied by FirstBookmark and modified by
FirstBookmark from time to time.
You agree to: comply with any requirements established
by FirstBookmark concerning the style, design, display
and use of the Search Box(es) and Links; use correctly
the trademark symbol or registration symbol Ò
with each use of the FirstBookmark Marks as part of the
Search Box(es) as instructed by FirstBookmark; and use
the registration symbol ® upon receiving notice from
FirstBookmark of registration of any FirstBookmark Marks
that are part of the Search Box(es).
You may alter the Search Box(es) with prior approval
of FirstBookmark. Your website content should comply to
legal content as defined within the U.S.A or Canadian
laws. You are allowed to use adult oriented sites with
the same terms and conditions. Adult oriented sites should
use different linking codes provided within the webmasters
stats page.
You may not use the Search Box(es) or Links in any manner
that implies sponsorship or endorsement by FirstBookmark
of services and products other than those provided by
FirstBookmark.
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