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MYAKA.COM REFERRAL AFFILIATE PROGRAM TERMS OF SERVICE

These Terms and Conditions of the Referral Affiliate Program (the "Agreement") are entered into by and between the affiliate ("you," "your" or "Affiliate") and MyAKA.com, LLC, a California limited liability company ("MyAKA.com," "our," "us" or "we"). Please be aware that your accepting the terms and conditions electronically during the sign-up process constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement.  This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referred to in this Agreement, all of which are incorporated herein by reference. This Agreement sets forth the terms and conditions under which you agree to use the Referral Affiliate Program (the "Program") and covers all of MyAKA.com's referral affiliate programs. If you do not or are not willing to be bound in its entirety by these terms and conditions of service, do not proceed.

1.      REFERRAL AFFILIATE PROGRAM. 

1.1    Limited License.  MyAKA.com grants you a non-exclusive, non-transferable limited license to use the Program in accordance with the terms and conditions set forth herein.

1.2    General.  The Program allows you to provide a platform for advertising MyAKA.com via your website, electronic newsletter, blog or other internet based publishing location (your "Affiliate Site"), thereby driving traffic to MyAKA.com's website or website content ("MyAKA.com's Site"), whereby you may earn a portion of the revenue generated (a "Commission Amount") if a person or entity that is not you (a "Visitor") purchases a MyAKA.com service after being referred to MyAKA.com's Site from an internet hyperlink (a "Link") contained on your Affiliate Site.

1.3    Affiliate Customers.  After being referred to MyAKA.com's Site from a Link contained on your Affiliate Site, Visitors have one (1) day to complete their purchase in order for you to receive a Commission Amount (each such Visitor completing such purchase, an "Affiliate Customer").  You will only receive a Commission Amount for purchases completed through your Affiliate Site Link.  Subsequent purchases made by the same Visitor (by accessing MyAKA.com's Site directly) will not be commissionable.  If the Visitor clicks on another website or Link that is not controlled by you, or the Visitor returns to MyAKA.com's Site via another source-coded advertising Link during the one (1) day, your Link will be overwritten and you will not receive a Commission Amount for that Visitor's purchase. All MyAKA.com services will be eligible for a Commission Amount. 

1.4    Calculation of Commission Amounts.  Each Affiliate's Commission Amount will be calculated on a weekly basis and will be equal to a percentage (your "Commission Percentage") multiplied by the Net Sales attributable to your Affiliate Customers for the applicable period.  You Commission Percentage will be twenty percent (20%), unless you and MyAKA.com agree to a different Commission Percentage in a separate writing.  For this purpose, "Net Sales" shall mean the gross revenues received by MyAKA.com from your Affiliate Customers ("Gross Revenues"), reduced (which may be below zero) by all chargebacks, refunds, fees and other credits attributable to such Affiliate Customers ("Credits").  Negative Commission Amounts resulting from Credits shall reduce subsequent positive Commission Amounts, provided that, upon a Termination, Affiliate shall repay MyAKA.com the amount of any unapplied negative Commission Amounts.  You agree that in calculating your Commission Amounts, MyAKA.com's determination regarding the same (including without limitation use of MyAKA.com's log files) shall be the final and binding determination.

1.5    Payments of Commission Amounts

 

(a)      General

MyAKA.com will pay you your Commission Amounts on a weekly basis, three (3) weeks in arrears, on the earlier of Monday or the first business day after Monday of each week (each, a "Payment Date"), provided that MyAKA.com will only pay you Commission Amounts on Payment Dates on which you have accrued unpaid Commission Amounts of $100 or greater.

(b)     Payment Method

If you choose to receive payment of your Commission Amounts through direct deposit, you understand it is your responsibility to provide a valid U.S. bank account number and the related direct deposit information by signing into your Online Affiliate Account.  Failure to provide a valid direct deposit account will cause your Commission Amounts to be withheld pending receipt by MyAKA.com of proper direct deposit instructions.  The authority granted to MyAKA.com by the direct deposit account owner will remain in full force and effect until MyAKA.com or the depository institution has received written notification from the direct deposit account owner that such authority has been revoked, but in any event, such written notification shall afford MyAKA.com or the depository institution a reasonable opportunity to act on such revocation. 

If you fail to choose direct deposit as your payment option, you will receive their Commission Amount via paper check, which will be mailed out on each applicable Payment Date.  Notwithstanding the foregoing, MyAKA.com reserves the right to change your payment method at any time.

(c)      Terminations

If you experience a Type I Termination, MyAKA.com will continue to pay you earned Commission Amounts attributable to your Affiliate Customers accrued following your Termination in the manner described in this Agreement.  If you experience a Type II Termination, you will forfeit all unpaid Commission Amounts accrued prior to such Type II Termination and, following such Type II Termination, you will no longer accrue Commission Amounts.  Notwithstanding the foregoing, if you experience a Type I Termination and, subsequent to such Type I Termination, you commit any act or experience any event described in section 4.2(a), section 4.2(b), section 4.2(c) or section 4.2(d), you will be treated as having experienced a Type II Termination instead of a Type I Termination.

1.6    Certain Prohibited Purchases.  You acknowledge and agree that only purchases completed through MyAKA.com's Site will be eligible for a Commission Amount.  No purchases taken or completed over the telephone will be eligible for a Commission Amount.  You are not eligible for a Commission Amount on purchases made by you, your employees, agents, representatives, or contractors.  MyAKA.com employees (and their immediate family members) are not allowed to participate in the Program.

1.7    Webmasters in Certain Countries Prohibited.  Webmasters located in the following countries are not eligible for Commission Amounts:  Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Costa Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Jordan, Kaliningrad, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, and Yugoslavia. 

2.      AFFILIATE INFORMATION

.  You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that MyAKA.com relies on the information you supply and that providing false or incorrect information may result in delays or the suspension or termination of the Program. You agree to promptly notify MyAKA.com whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable.  You agree to keep all such information current in the profile section of your online Affiliate account (your "Online Affiliate Account") located on our website at http://www.MyAKA.com/_______.

3.      TERM

.  This Agreement is effective upon Affiliate's acceptance as provided above and shall continue until terminated by Affiliate or MyAKA.com pursuant to this Agreement.

4.      TERMINATION

4.1    Termination By Affiliate

.  Affiliate may terminate this Agreement at any time for any reason by providing MyAKA.com with written notice in the form of a valid written termination request (which may be submitted through your Online Account as directed on MyAKA.com's Site) and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement.  An Affiliate's termination will be effective on the date notice is received by MyAKA.com.  Notwithstanding the foregoing provisions of this section 4.1, if MyAKA.com receives a written termination request from an Affiliate, MyAKA.com may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 4.1.

4.2    Termination By MyAKA.com

.  If, in MyAKA.com's sole and absolute discretion, (a) an Affiliate is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) an Affiliate's participation in the Program is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to MyAKA.com's servers or other equipment, or the use and enjoyment of other users; (c) an Affiliate acts in an abusive or menacing manner when dealing with MyAKA.com's technical support staff, customer service staff or any other MyAKA.com employees or representatives; (d) MyAKA.com receives an order from a court of competent jurisdiction to terminate an Affiliate's Service; (e) Affiliate's account remains idle for more than thirty (30) days; (f) MyAKA.com for any reason ceases to offer the Program; or (g) MyAKA.com decides to terminate this Agreement for any reason, then MyAKA.com at its sole election may terminate or suspend such Affiliate's participation in the Program immediately without notice.  For a termination in accordance with this paragraph, Affiliate remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.

4.3    TERMINATION TYPES

. A termination of this Agreement pursuant to section 4.1, section 4.2(e), section 4.2(f) or section 4.2(g) of this Agreement is referred to herein as a "Type I Termination."  A termination of this Agreement pursuant to section 4.2(a), section 4.2(b), section 4.2(c) or section 4.2(d) of this Agreement is referred to herein as a "Type II Termination."  Type I Terminations and Type II Terminations are referred to herein as "Terminations."

5.      TERMINATED AFFILIATE

.  MyAKA.com, in its sole and absolute discretion may refuse to accept an Affiliate's application for renewal or re-subscription following a termination or suspension of such Affiliate's participation in the Program.  If an Affiliate's participation in the Program is terminated for any reason, such Affiliate, upon approval by MyAKA.com, may enter into a new Agreement, provided that Affiliate must contact MyAKA.com directly prior to signing up for the Program.  Upon the termination of an Affiliate's participation in the Program, MyAKA.com has the right to immediately delete all data, files and other information stored in or for the Affiliate's account without further notice to the Affiliate.

6.      NO EMPLOYMENT RELATIONSHIP

.  Affiliate shall be deemed an independent contractor and not an employee or agent of MyAKA.com.  Nothing contained in this Agreement shall be deemed or construed to create a partnership.  Affiliate's relationship to MyAKA.com is strictly and solely that of an independent contractor, not a partnership or joint venture between Affiliate and MyAKA.com or between Affiliate and any other person or entity, and nothing contained herein shall be deemed or construed to obligate MyAKA.com for or on account of any debts or obligations of Affiliate.  MyAKA.com shall not be responsible for and shall not obtain worker's compensation, disability benefits insurance, unemployment or employment security insurance coverage for Affiliate or its employees, agents or consultants.  To the extent that any such insurance coverage, or any other type of insurance coverage, is or shall become required by law, it will be obtained by Affiliate at its own expense.  None of Affiliate's employees, agents or consultants is eligible for, nor entitled to, and shall not participate in, any of MyAKA.com's pension, health or other fringe benefit plans, if any such plans exist.

7.      WARRANTIES AND LIMITATIONS OF LIABILITY

7.1    YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAM AND ANY SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE PROVIDED BY MYAKA.COM (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE). MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE PROGRAM AND SOFTWARE WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY MYAKA.COM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. 

7.2    MYAKA.COM DOES NOT WARRANT OR GUARANTEE THAT THE PROGRAM CAN BE PROVISIONED TO WORK WITH AFFILIATE'S SITE, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF MYAKA.COM HAS ACCEPTED YOUR ORDER TO PARTICIPATION IN THE PROGRAM. IN THE EVENT AFFILIATE'S SITE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR MYAKA.COM SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT.

7.3    IN NO EVENT SHALL MYAKA.COM (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE PARTICIPATION IN OR INABILITY TO PARTICIPATION IN THE PROGRAM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MYAKA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

7.4    ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 7 ALSO APPLY TO MYAKA.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

7.5    ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), MYAKA.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

7.6    THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

7.7    MYAKA.COM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR PARTICIPATION IN OR MISUSE OF THE PROGRAM OR THE SOFTWARE, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE PROGRAM.)

7.8    WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS MYAKA.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING MYAKA.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED YOUR UNPAID COMMISSION AMOUNTS, IF ANY.

8.      INDEMNIFICATION

.  You agree to defend, indemnify and hold harmless MyAKA.com and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Program); (b) your participation in the Program, or the placement or transmission of any message, information, software or other materials on the internet by you (or any parties who use your account, with or without your permission, to access the Program); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Program); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; (e) claims for infringement of any intellectual property rights arising from your participation in the Program; or (f) any assertion that MyAKA.com is obligated to pay taxes in connection with accrual or payment of a Commission Amount made by MyAKA.com to Affiliate pursuant to this Agreement or in connection with any other amounts payable by MyAKA.com to Affiliate pursuant to this Agreement.

9.      REVISIONS

.  MyAKA.com may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to the Program) by posting such revisions to our website at http://www._________.com. You agree to visit this page and the links therein periodically to be aware of and review any such revisions.  Changes to the Commission shall be effective beginning with the date on which such changes are posted. Revisions to any other terms and conditions shall be effective upon posting.  By continuing to participate in the Program after revisions are in effect, an Affiliate accepts and agrees to the revisions and to abide by them. Any Affiliate who does not agree to the revision(s) must terminate their participation in the Program immediately.

10.  ASSIGNMENT

.  You agree not to assign or otherwise transfer, this Agreement in whole or in part, or your rights or obligations under it. Any attempt to do so shall be void. MyAKA.com may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

11.  CHOICE OF LAW; WAIVER OF INJUNCTIVE RELIEF; DISPUTE RESOLUTION

11.1          Choice of Law.  This Agreement and all aspects of the Program shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e. , without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.

11.2          Injunctive Relief.  You acknowledge that the rights granted and obligations made hereunder to MyAKA.com are of a unique and irreplaceable nature, the loss of which shall irreparably harm MyAKA.com and which cannot be replaced by monetary damages alone so that MyAKA.com shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

11.3          Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement and/or the Program ("Dispute"), you and MyAKA.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to MyAKA.com, Attn: Dispute Department, 4804 Laurel Canyon Blvd, Suite 583, Valley Village, CA 91607.  We will send our notice to you via e-mail to the e-mail address listed in your account settings.

11.4          Binding Arbitration. If you and MyAKA.com are unable to resolve a Dispute through informal negotiations, either you or MyAKA.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, MyAKA.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MyAKA.com may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

11.5          Restrictions. You and MyAKA.com agree that any arbitration shall be limited to the Dispute between MyAKA.com and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

11.6          Exceptions to Informal Negotiations and Arbitration. You and MyAKA.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MyAKA.com's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

11.7          Statute of Limitations.  Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

12.  COMPLIANCE

.  MyAKA.com's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

13.  THINGS BEYOND MYAKA.COM'S CONTROL

.  MyAKA.com will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

14.  DISPUTES WITH OTHERS

.  We reserve the right, but have no obligation, to monitor and/or manage disputes between you, Visitors and/or other participants in the Program. If you have a dispute with any other party, you release MyAKA.com and hereby agree to indemnify MyAKA.com from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

15.  ENTIRE AGREEMENT

.  This Agreement, including all policies posted on MyAKA.com's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and MyAKA.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

16.  NOTICE

.  Notices by MyAKA.com to you shall be deemed given: (a) when sent to your primary contact e-mail address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

17.  ACCEPTABLE USE

.  Affiliate agrees that Affiliate and Affiliate's Site will comply with MyAKA.com's acceptable use policy set forth below ("Acceptable Use Policy").  MyAKA.com reserves the right to make changes to the Acceptable Use Policy without notice.

17.1          Illegal Use.  You will not violate any local, state or federal law.

17.2          Harm to Others. You will not operate in a manner which harms others, including but not limited to minors, or promotes violence or describes how to perform a violent act.

17.3          Fraudulent Activity. You will not make or participate in fraudulent activity including financial scams.

17.4          Copyright or Trademark Infringement.  You will not transmit any warez or other material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.

17.5          Collection of Personal Data.  You will not collect, or attempt to collect, personal information about third parties without their knowledge or consent.

17.6          Revealing Information.  You will not reveal another person's address, e-mail address, credit card number or any information that may be used to impersonate that individual.

17.7          Automated Communications.  You will not send communications relating to MyAKA.com's Site by automated means or under false pretenses or mislead others as to the origins of your communications.

17.8          Spam.  You will not create or transmit unwanted electronic communications such as "spam," to advertise MyAKA.com's Site.  You will comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email.

17.9          Disparaging Communications.  You will not disparage, tarnish, or otherwise harm, in MyAKA.com's opinion, MyAKA.com and/or the Program.

17.10      Viruses, Etc.  You will not disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, web bugs, cookies or other similar devices.

17.11      Obscene Content.  You will not display or promote child or other pornographic or obscene content, images of bestiality, tasteless images, or excessively violent or hate-related material, as determined by MyAKA.com in its sole and absolute discretion.

17.12      Illegal Products.  You will not display, promote or sell illegal content, or offer any illegal product or service.

17.13      Violative Links.  Affiliate's Site will not contain Links to websites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization.

17.14      MyAKA.com Information.  You will not copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in MyAKA.com's Links, including but not limited to removing or altering any copyright or trademark notices.  You recognize that MyAKA.com owns all rights in and to all information regarding the Visitors that you refer to MyAKA.com's Site.

17.15      Third Party Fees.  You will not enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on Affiliate's Site.

17.16      Tracking Codes.  You will not alter the tracking codes to allow you to collect personally identifiable information of Visitors that would allow you to personally identify Visitors.

17.17      No Resemblance to MyAKA.com Site.  You will not use a MyAKA.com look-a-like site that suggests or gives the Visitor the impression that Affiliate's Site is affiliated with MyAKA.com.   Affiliate's Site shall not in any way copy or resemble the look and feel of MyAKA.com's Site, and you shall not create the impression that Affiliate's Site is part of MyAKA.com's Site.  This includes using MyAKA.com's trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name.  You shall not "frame" or permit the "framing" of any page of MyAKA.com's Site.

17.18      Non-Bona Fide Purchases.  You will not cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, or hidden frames.  Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for Commission Amounts.

17.19      Harmful Activities.  You will not engage in activities, whether lawful or unlawful, that MyAKA.com determines, in its sole and absolute discretion, to be harmful to MyAKA.com or its customers, employees, operations, or reputation.

17.20      Disallowed Traffic.  You will not purchase or generate traffic to Affiliate's Site by any of the following methods: listing on newsgroups, bulk emailing, icq postings, chatroom postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms, advertising the domain name or purchasing advertising for the domain name or any other similar method.

17.21      Use of MyAKA.com IP.  You are not authorized to use the MyAKA.com IP (as defined below) in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in MyAKA.com's Links as provided in this Agreement.  You agree not to utilize, advertise, or otherwise promote any mark of MyAKA.com in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of MyAKA.com on any pay-for-placement search engines.

17.22      Other Activities.  You will not engage in any other activity deemed by the Company to be in conflict with the spirit or intent of the Program and this Acceptable Use Policy.

18.  PRIVACY POLICY

.  MyAKA.com will treat each Visitor's and Affiliate's personal information in accordance with MyAKA.com's privacy policy ("Privacy Policy") published at http://www._________.com. Affiliate agrees to the terms of the Privacy Policy. MyAKA.com reserves the right to make changes to the Privacy Policy without notice.  You agree that you will post your privacy policy on Affiliate's Site and otherwise make it available to all Visitors.  Your privacy policy must comply with the Privacy Policy, comply with all applicable laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of Visitor information.  In addition, you must fully and accurately disclose your use of third party technology, including any MyAKA.com tracking technology, use of cookies, and options for discontinuing use of such cookies.

19.  COPYRIGHTS, TRADEMARKS AND LICENSES

.  This Agreement, the Program, the entire contents of MyAKA.com's Site, the names, trademarks, and logos of MyAKA.com, and all related product and service names, design marks and slogans (the "MyAKA.com IP"), are the sole and exclusive property of MyAKA.com, and your use of the MyAKA.com IP shall inure to the benefit of MyAKA.com.  You are not authorized to use the MyAKA.com IP in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in MyAKA.com's Links as provided in this Agreement.  You agree not to utilize, advertise, or otherwise promote any mark of MyAKA.com in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of MyAKA.com on any pay-for-placement search engines.

20.  SURVIVAL

.  All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.

21.  ELECTRONIC COMMUNICATIONS

.  When you visit www.myaka.com, sign up for participation in the Program, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is the responsibility of the Affiliate to maintain and update a valid e-mail address with MyAKA.com at all times. MyAKA.com will not be held responsible for interruptions in Commission Amounts or cancellation of participation in the Program due to an e-mail not being received by the Affiliate or filtered out by the e-mail provider being utilized by the Affiliate. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MyAKA.com may send regular account notifications, balance notifications, and subscription renewal e-mails, these e-mails cannot be opted out of.   In lieu of e-mails, MyAKA.com may deliver any or all such communications to you by posting such communications to your Online Account.  Periodic newsletters and feature update announcements can be opted out of by the Affiliate at the bottom of the e-mail sent to them.

 

 

Updated November, 2011



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