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This
document describes the terms and conditions
of the LOL Interactive Affiliate Program. As
used herein, "Program" shall mean this Affiliate
Program; LOL Interactive shall me "we," "our,"
or "us." "You" or "your" shall mean the Affiliate.
In consideration
of the mutual promises and conditions contained
herein, LOL Interactive and you hereby agree
to the following.
Summary of Program:
Under the Affiliate Program, you will be paid
a referral fee ("Referral Fee") for each qualified
customer ("Referral") that you refer to LOL
Interactive under this Agreement. Each Referral
needs to meet the following Criteria ("Criteria"):
Each Referral
must be a new and unique visitor to LOL Interactive
and must register by completing and submitting
the registration form using a valid and unique
e-mail address.
Each Referral
must enroll in a qualified subscription plan
or purchase a qualified product and provide
a valid payment for the services purchased.
To generate a Referral Fee for you, each Referral
must be an active, qualified customer of LOL
Interactive and must be up-to-date in all payments
at the time the Referral Fees are processed.
Each Referral
must signup in a manner, which in our sole judgment,
definitively establishes that the Referral was
referred directly from you to LOL Interactive
under this Agreement.
Each Referral
must remain in compliance with our
Terms of Service, Acceptable
Use Policy and other policies that are active
at the time the Referral Fees are processed.
Referral Fees
shall not be paid for Referrals that are fraudulent
or have cancellations, terminations, charge-backs,
refunds, outstanding balances or other adjustments.
Permission
To Use LOL Interactive Links
Under
the terms of this Program, you will be granted
a limited license to display banners owned by
LOL Interactive, buttons and/or hypertext (collectively
referred to as "Links") on your Web site, e-mail,
newsletter and/or other promotional materials.
LOL Interactive grants you permission to download
the Links for placement on your Web site, provided
you adhere to the terms and conditions set forth
in the Agreement.
You may only
use Links to LOL Interactive products, sites
and services on the Web site(s) that are listed
in your application and approved by LOL Interactive.
The maintenance of your site will be your responsibility.
The information on LOL Interactive websites
is frequently updated, and you may need to update
the content of your Links regularly to maintain
the accuracy of your site.
On occasion,
we may review your site to determine whether
it is in compliance with the terms and conditions
of this Agreement. We will notify you of any
changes we feel should be made to ensure that
your Links to LOL Interactive products, sites
and services are appropriate.
If you do not
make the changes to your site that we feel are
necessary, you may be terminated from the Affiliate
Program.
Link
Guidelines
No
Alterations Allowed: The Links, banners and
images we provide must not be altered in any
way. You can not change content, design, color,
font, proportions or animation. The Links may
be displayed in a larger size, but must be increased
in size proportionally. LOL Interactive reserves
the right to update, revise or alter the Links
in any manner from time to time.
Required Link:
The Links must always link to a URL that is
provided or approved by LOL Interactive.
Positive Presentation:
Your Web site must use the Links in a positive
manner. The Links may not be used in a way that
could disparage or reflect adversely on LOL
Interactive or its products, sites and services.
You may not
use the Links on any Web site that disparages
LOL Interactive or its products, sites or services,
infringes upon any intellectual property or
other rights of LOL Interactive, contains or
promotes "adult", pornographic or obscene material
or content, promotes gambling, or violates any
state, federal or international law.
Compliance
With Laws
You
may not use the Links if your Web site infringes
any party's intellectual property or other rights,
contains or promotes "adult", pornographic or
other obscene material or any content prohibited
by the LOL Interactive Acceptable Use Policy,
or violates any state, federal or international
law.
You will be
responsible for any claims, costs and damages
incurred by LOL Interactive as a result of a
violation of these Link Guidelines.
Changes
We
reserve the right to change this Agreement,
including without limitation, the Links Guidelines
and the Compensation, at our discretion. Changes
will take effect when posted by LOL Interactive.
If you do not agree to such changes, you may
terminate this Agreement via e-mail notice to
sales@lolinteractive.com.
Compensation
We
will pay a Referral Fee equal to the specified
percentage of any revenue generated by a qualified
Referral in the calendar quarter in which the
Referral signs up the LOL Interactive account.
Information about the specified percentage will
be available through the Affiliate Console section
of the LOL Interactive Web site or associated
product site. We will pay a Referral Fee in
check made out in U.S. currency. Affiliates
must have a mailing address located in North
or South America, Europe, Australia or New Zealand
to receive a payment.
You are responsible
for informing LOL Interactive about changes
to postal and e-mail addresses. Failure to provide
the correct addresses may result in the forfeiture
of any payments due to you. Payments that are
returned for invalid or insufficient address
information may be forfeited as well. You can
update information at any time through the Affiliate
Profile form.
Referral Fees
will be issued approximately 45 days after the
end of each calendar quarter. To qualify to
receive payment, your Referral Fee must be at
least $50.00. Based solely on the discretion
of LOL Interactive, payment may be withheld
for amounts under $50.00.
You will be
compensated for Referrals that purchase LOL
Interactive products via the Links you generate
through the LOL Interactive Affiliate Console.
Purchases made by Referrals who have clicked
on these Links will be tracked by LOL Interactive
for the purposes of this Affiliate Program.
By altering these Links in any way, you may
forfeit corresponding Referral Fees.
You may also
be compensated for Referrals that purchase LOL
Interactive products using your assigned Affiliate
promo code at the time of registration.
Any attempt
by an Affiliate to manipulate, falsify or inflate
Referrals, to defraud LOL Interactive, or to
violate the terms of this Agreement constitutes
immediate grounds for LOL Interactive to terminate
this Agreement and will result in forfeiture
of any Referral Fees due to you.
Taxes
You
are responsible for the payment of all taxes
related to the commissions you earn under this
Agreement. In compliance with tax laws, LOL
Interactive will issue a Form 1099 to Affiliates
whose earnings meet or exceed the applicable
amount warranting the Form 1099. You will be
required to provide us with tax information
within two (2) days of any request issued by
LOL Interactive to issue a Form 1099.
Ownership and
Property Rights: This Agreement shall not operate
as a transfer to you of any rights in or to
any of LOL Interactive's marks or logos, except
for the limited license expressly granted hereunder.
LOL Interactive reserves the right in its sole
discretion to terminate or modify permission
to use the Links at any time. You acknowledge
that LOL Interactive's marks and logos are and
shall remain the exclusive property of LOL Interactive
or the applicable third-party owner, and all
use by you shall inure solely to the benefit
of LOL Interactive or such third-party owner,
as applicable. LOL Interactive reserves the
right to take action against any use that does
not conform to this Agreement, infringes any
LOL Interactive intellectual property or other
right, or violates other applicable law.
Term
and Termination
This
Agreement shall continue until this terminated
by either party. You will be terminated from
the program, by e-mail notice, if (i) you do
not follow the Links Guidelines or otherwise
breach this Agreement, (ii) you attempt to manipulate,
falsify or erroneously inflate Referrals. In
addition, your failure to comply with our
Terms of Service or Acceptable
Use Policy will be grounds for termination.
Any outstanding
Referral Fees otherwise due to you will be forfeited
if this Agreement is terminated for any reason.
LOL Interactive reserves the right to terminate
this Agreement and your participation in this
Program immediately and without notice. If any
fraud or abuse is detected with respect to any
Referral, or if this Agreement is terminated
for any reason, LOL Interactive shall not be
liable for any Referral Fees.
No Warranty:
LOL Interactive DISCLAIMS ANY WARRANTIES THAT
MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING
THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
LOL Interactive WILL NOT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND,
WHETHER BASED ON CONTRACT, TORT, TERMINATION
OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY,
AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Miscellaneous
Referrals
who become customers of LOL Interactive through
this Program will be considered customers of
LOL Interactive. LOL Interactive's Terms
of Service, Acceptable
Use Policy, Privacy
Statement, rules, policies, and operating
procedures will apply to such customers. LOL
Interactive reserves the right to change its
policies and operating procedures at any time.
The parties hereto are independent contractors
acting for their own accounts; may not bind,
act for or represent the other; and have no
agency, partnership or joint venture relationship.
This Agreement shall be governed by and construed
in accordance with the laws of The state of
Oklahoma without regard to its conflict of laws.
All notices and communications under this Agreement
shall be in writing, and the same shall be given
by e-mail (if to LOL Interactive, to sales@lolinteractive.com).
This Agreement sets forth the entire understanding
of the parties with respect to the subject matter
hereof, and supersedes any prior agreements
and understandings, both written and oral, which
may have existed or exist between the parties
with respect to the subject matter hereof. This
Agreement may not be modified by you except
by a contract in writing signed by both you
and LOL Interactive.
Proper Age:
BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU
ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19
OR 21 WHERE APPLICABLE).
General
In
the event of any conflict between this document
and the Terms of
Service and Acceptable
Use Policy, the provisions of the Terms
of Service and
Acceptable Use Policy shall control.
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