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
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.
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.
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.
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.
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.
Payments of Commission Amounts.
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.
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
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.
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.
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.
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.
. 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/_______.
. 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.
. 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.
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.
. 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."
. 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.
. 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.
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.
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.
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.
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.
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
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.
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.)
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.
. 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.
. 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.
. 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
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.
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).
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.
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.
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.
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.
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.
. 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
. 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
. 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.
. 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.
. 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.
. 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.
Illegal Use. You will not violate any local, state or federal
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.
Fraudulent Activity. You will not make or participate in
fraudulent activity including financial scams.
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.
Collection of Personal Data. You will not collect, or attempt to
collect, personal information about third parties without their knowledge or
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.
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.
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.
Disparaging Communications. You will not disparage, tarnish, or
otherwise harm, in MyAKA.com's opinion, MyAKA.com and/or the Program.
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.
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.
Illegal Products. You will not display, promote or sell illegal
content, or offer any illegal product or service.
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.
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.
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.
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.
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
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
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,
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,
domain name or purchasing advertising for the domain name or any other similar
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.
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.
. MyAKA.com will treat each Visitor's and Affiliate's
Policy") published at http://www._________.com. Affiliate
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
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.
. 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.
. 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