Terms and Conditions
This Affiliate Service Agreement (the “Arrangement”) is made by and between MedicalMassage-edu.com, LLC., a California, USA LLC (“MedicalMassage-edu.com”), and you, as an Affiliate employing the MedicalMassage-edu.com service (“You”, “Your”, “Affiliate”).
You’ve got to agree to act according to the stipulations stated in this Agreement so as to take part in MedicalMassage-edu.com Affiliate System. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for MedicalMassage-edu.com, you indicate Your approval of this Agreement and its own provisions and conditions. Should You refuse to abide by this terms, don’t use the MedicalMassage-edu.com Service as an Affiliate.
This agreement is summarized as follows:
Our banner ads can be placed by you in any place in your site, or within non-spam e-mails.
- We may e-mail you regarding new ceu program, dvd, link, flash, or banner ad.
- Sometimes something might change about the service.
- Adult, Hate, or other associated sites are not permitted.
- All data are assembled and computed by MedicalMassage-edu.com affiliate system, and will be the only valid data used for establishing commissions.
- Any page that features MedicalMassage-edu.com links, banners, or picture label should be composed in English.
- As an affiliate, you can have multiple domains but only have 1 account.
- You won’t hold us liable for anything, a link to a non-MedicalMassage-edu.com Web site does not mean that MedicalMassage-edu.com endorses or accepts any responsibility for the content or the use of such Web site.
- Do not send email to lists or groups that you not authorized to send to. Your account will be terminated by us on the first offense of SPAMMING.
- You may place banner ads or links within your newsletters, in content of your website, or within other web related content.
- An abandoned affiliate account is defined as any account that hasn’t been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are not satisfied – the account will remain active. Abandoned accounts will be eliminated from our system. The balance will be returned to you if an abandoned affiliate account has a balance.
- NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- NOT ALLOWED: Any placement of creative in a “Desktop” marketing scheme. This consists of any and all 3rd party advertising platforms that use a desktop computer program to show advertisements of any kind.
Failure to adhere to these rules could mean termination from MedicalMassage-edu.com with an entire forfeit of commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND ANNULL COMMISSIONS.
MedicalMassage-edu.com respects the privacy of its users and won’t disclose personal information to third parties without the express consent of You along with Your company. In case you have any questions please contact us at [email protected]
“Performance Marketing” happens when individual web sites that generate their own traffic (“Affiliates”) enters into business relationship with internet Merchant and the Merchant pays a fixed fee or commissions for those Visitors causing sales.
“Affiliate” means an individual or business creating their very own traffic and therefore rewarded for legitimate sales. Affiliates use MedicalMassage-edu.com Affiliate System (Merchant) to obtain tracking, reporting, and receipt of commission payment.
“Merchant” means an ecommerce entity paying a commission or bounty for valid sales by a Visitor. In this agreement Merchant is understood as MedicalMassage-edu.com Affiliate System. Affiliate System provides tracking and issuance of commission payment.
“Visitor” implies an individual, or user that clicks a Link put on an Affiliate’s Web site that leads a user to Merchant’s website.
“Sale Commission” means the Payout the Merchant pays for Visitors referred to the Merchant’s Web site that results in a sale of a product or service. The sale at a subsequent time not to exceed 90 days or could occur at the time of the visit. If a sale occurs after 90 days and the Visitor hasn’t returned through an authorized Affiliate’s website, then no Payout shall occur. Then fees are paid to the latest Affiliate that really began the sale, in case the same Visitor comes from a couple of Affiliates.
“Payout” means the amount of sale commission a Merchant agrees to pay to an Affiliate as a result of sales. The Payout is defined as either a percentage of a total sale amount, or set bounty (flat rate) per activity.
Links take many forms including a product image, text, banners, flash or any other format satisfactory to the Merchant.
“VOID” means a reversal of a Payout previously earned for a sale that is later overturned or corrected by the Merchant. Merchant may VOID transactions in the instance of returned merchandise, duplicate transactions, or alternative valid reasons, or are deceptive/fraudulent.
“Your Account” means a specific account within the Service, where Commissions are credited.
- THE SERVICEMedicalMassage-edu.com has developed and operates a service (the “Service”) or MedicalMassage-edu.com Affiliate System, which allows Affiliates to take part in Performance Advertising programs. All Affiliate relationships created between You, the Affiliate, and MedicalMassage-edu.com the Merchant, will be conducted and managed through the Service.
- LINK PLACEMENTAs an Affiliate of the Service, you may place Merchant Links on Your web site and in locations that are acceptable by a Merchant.
You place our retailer’s banners anywhere on your website, or within non-spam e-mails.
- Adult, Hate, or similar websites are not permitted
- Any page which has MedicalMassage-edu.com links, banner ads, or flash has to be written in English.
- SPAMMING is NOT allowed. We will terminate your account on the first violation of SPAMMING. Don’t send email to lists or groups that you do not have permission to send to. We WILL terminate your account on the first offense.
- Affiliate accounts that are left inactive will be removed from our system. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true – the account will remain in an active state. The balance from the removed account will be returned to the Affiliate minus Paypal transfer fee. At no time will an affiliate ever owe monies to MedicalMassage-edu.com, Inc. based on fees – the account will simply be closed.
- NOT ALLOWED:All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
- NOT ALLOWED:Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
You’ll obtain a Commission for sending a Merchant authorized sales via Your Links. You should first be approved by a Merchant to become an Affiliate of Merchant’s Affiliate program, in order to place Links. Money credited to Your Account does not accrue interest. In the event of a VOID, MedicalMassage-edu.com may recover from You the accompanying Commission previously credited to Your Account. The VOID Commission will likely be instantly deducted from Your Account balance. In the event that Your Account balance is less compared to the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be requested to send money to MedicalMassage-edu.com
MedicalMassage-edu.com reserves the right to send email to You for the purpose of informing you of changes or additions to the Service or any MedicalMassage-edu.com related products and services.
CHANGES TO THE SERVICE
MedicalMassage-edu.com reserves the right to alter, modify, add or remove parts of the Agreement at any time and may add to, change, suspend or discontinue any part of the Service at any given moment. In case of any material change, MedicalMassage-edu.com will notify You via email, newsletter or the MedicalMassage-edu.com Web site at least 7 days prior to any such changes taking effect, at which time You may either consent to such changes or withdraw from the Service.
To sign up as an Affiliate of MedicalMassage-edu.com and to utilize the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and provide a valid tax-id, which may be your social security number for people, or a federal tax-id for corporations or entities.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED PARTICIPATE IN MedicalMassage-edu.com Affiliate program:
ADULT SITES, SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the enrollment procedure, You will select a username and password combination that You use to access MedicalMassage-edu.com Affiliate System. You shall supply MedicalMassage-edu.com with precise, complete and updated registration information. For a much more in-depth registration information please click this link MedicalMassage-edu.com affiliate instructions
You may not use the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You shall be in charge of keeping the confidentiality of Your username and password and you’re responsible for all usage and activity in your Account, including use of the account by a third party authorized by You to utilize Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by MedicalMassage-edu.com and referral to the correct law enforcement agencies.
You ascertain to MedicalMassage-edu.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, will not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not supply, promote, distribute, place or otherwise release as an Affiliate of the Service any content, or Web site which includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As MedicalMassage-edu.com may not review all information supplied by You, You shall remain solely accountable for Your content and Web site.
Links to unsolicited email, newsgroups, ICQ, banner networks, counters, chatrooms or guestbooks are not allowed. Any Link placed has to be done in such a manner that it’s not misleading to any Visitor and done with the aim of delivering valid sales to MedicalMassage-edu.com for this Link.
MedicalMassage-edu.com HOLDS THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE usage of SITE in advertising OF MedicalMassage-edu.com Affiliate Program. If You are terminated from the Service, MedicalMassage-edu.com is entitled to withhold money You earned within the Service or money you owe within the Service and you won’t be allowed to re-join MedicalMassage-edu.com.
The results of such use, the Service’s operation, its use and also it shall be performed in a workmanlike way. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MedicalMassage-edu.com DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, MedicalMassage-edu.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. MERCHANT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
MedicalMassage-edu.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE MedicalMassage-edu.com SERVICE OR ANY INFORMATION PROVIDED ON THE MedicalMassage-edu.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MedicalMassage-edu.com OR A MedicalMassage-edu.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO you personally. IN SUCH JURISDICTIONS, MedicalMassage-edu.com’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that MedicalMassage-edu.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless MedicalMassage-edu.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
MedicalMassage-edu.com consents to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, managers, employees and representatives from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable lawyers’ fees) directly or indirectly arising from or linking to MedicalMassage-edu.com’s neglect or willful misconduct in performance of the Services or its breach of the Agreement.
MedicalMassage-edu.com recognizes that in the course of this Agreement it might have access to secret and proprietary information (“Confidential Information”) of Your company. MedicalMassage-edu.com agrees not to divulge or disseminate the Confidential Information without Your prior express written permission. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of MedicalMassage-edu.com that becomes available to MedicalMassage-edu.com from third parties without knowledge by MedicalMassage-edu.com of any violation of fiduciary duty, or that MedicalMassage-edu.com had in its possession before the exact date of the Agreement. Any advice we receive is used solely for tracking and Commission payment purposes. MedicalMassage-edu.com reserves the right to be able to use this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other investigation as MedicalMassage-edu.com deems proper.
OWNERSHIP AND LICENSES
You, the Affiliate, are allowed a non-exclusive, limited, revocable right to utilize Merchant provided trademarks and banners. All pictures, technology and content supplied for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including patent rights, copyrights, trademarks or applications, tradenames and service marks related to the foregoing shall stay the Merchant’s exclusive property, including rights in and to any derivatives thereof. You may not modify the logos, banners, the content or any of the pictures given to you personally in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge your use of the marks won’t create in You, nor are you going to represent that You have, any right, title or interest in or to the symbols apart from the license given by the Merchant above. You won’t challenge the validity of or attempt to register some of the symbols or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to make use of the symbols and agree that all goodwill arising as a result of using the marks shall inure to the benefit of the Merchant.
MedicalMassage-edu.com makes no representations whatsoever about any other Web site, which You might access through the Service. In addition, a link to a non-MedicalMassage-edu.com Web site doesn’t mean that MedicalMassage-edu.com endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or MedicalMassage-edu.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement shall be governed by California, USA law (other than for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
This Agreement represents the entire agreement and might be amended only by a writing executed by both parties. If any provision of the Agreement is held to be unenforceable, such provision shall be reformed just to the extent required to ensure it is enforceable.