Terms & Conditions These
Terms and Conditions set out the governing rules of participation in the PeopleFishing
Affiliate Program. The term "Affiliate" shall
hereafter refer to any individual, company or collective who participates in our
Affiliate Program. The term "PeopleFishing" shall hereafter refer to
PeopleFishing, Inc. Clicking the "Join Affiliate
Program " button at the bottom of the online application represents acceptance
of these Terms and Conditions and the Affiliate's full intention to abide by them.
The PeopleFishing Affiliate
Program
The PeopleFishing Affiliate Program lets participants
add our links, banners and other promotional materials,
programs or software devices to their web sites for
the purpose of earning commissions from the referral
of subscribing visitors from the Affiliate's site to
ours.
Age
of Consent and Authority to Participate By
registering for the Affiliate Program and accepting these Terms and Conditions,
Affiliate represents that they are of the legal age of consent in all areas where
such law abides. In addition, Affiliate represents that he or she is able to legally
enter into this contract and will be bound lawfully by the Terms and Conditions
herein upon acceptance. Affiliates
Web Site Content Affiliate represents
that his or her web site(s) that will carry PeopleFishing Inc, links, banners
or promotional materials, does not now nor will in the future contain violent,
discriminatory or otherwise illegal text or graphics. Web
Site Responsibility Affiliate agrees that
he or she shall be entirely and singularly responsible for Affiliate's web site(s)
and web site content, or the products or services offered therefrom through any
means or modality. Use of PeopleFishing
Banners, Links and Promotional Materials Affiliate
agrees to use the banners, links and promotional materials provided by PeopleFishing,
Inc. only in the manner prescribed by the Affiliate Program herein and no other.
PeopleFishing, Inc. logos, icons or unique graphics may not be used for any other
purpose than that of promotion of PeopleFishing, Inc services or products and
for referring visitors from the Affiliate's web site to PeopleFishing's web site. Prohibited
Use Affiliate represents and warrants as follows: Affiliate
will not place PeopleFishing banners, links or promotional materials on a web
site that violates or encourages others to violate any applicable law or regulation,
or that includes hate content, or that promotes discrimination based on race,
sex, religion, sexual orientation, nationality, disability, or age.
Affiliate
will only use specific PeopleFishing banners, links or promotional material offered
through the Affiliate Program . Affiliate
will not claim or otherwise represent direct or indirect sponsorship by or endorsement
by PeopleFishing, Inc. in any form whatsoever. Affiliate
will not use the word "PeopleFishing" or any variation of the name in
its domain name or IP identity. Affiliate
will not use any computer program or other device that causes PeopleFishing's
web site to record a fraudulent "click through", referral or link to
its site from the Affiliate's site. Affiliate
will ensure that its web site or any mechanism thereon will not prevent or preclude
a user's ability to return to PeopleFishing's web site. Affiliate
will not violate or encourage any third party to violate any law or regulation
having the force of law in regard to the execution of this Affiliate Program.
Affiliate
will not alter the banners, links or promotional materials made available through
the Affiliate Program by PeopleFishing. Affiliate
will not engage in any behavior or activity that infringes the legal rights of
any third party in regard to the execution of this Affiliate Program.
Affiliate will not
impersonate or invade the privacy of or defame any third party or encourage any
third party or to do such in regard to the execution of this Affiliate Program.
Upon
Termination of this Agreement In the event of termination,
Affiliate will immediately cease and desist from any activity allowed by these
Terms and Conditions including cessation of the use of banners, links or promotional
materials provided by PeopleFishing and the removal of same from Affiliate's web
site. Authority Affiliate
represents that Affiliate has the required power and authority under all applicable
laws to accept and be by bound by these Terms and Conditions herein. PeopleFishing
Copyright and Trademarks Affiliate acknowledges that the
banners, links and promotional materials provided through the Affiliate Program
are the copyright or trademark property of PeopleFishing, Inc. License
to Affiliate - Banners, Links and Promotional Materials Affiliate
is hereby granted a non-transferable, non-exclusive license to copy from PeopleFishing's
repository and display from Affiliate's web site(s) the banners, links and promotional
materials made available through the Affiliate Program in accordance with these
Terms and Conditions. Commissions
PeopleFishing shall pay the Affiliate in accordance with
PeopleFishing's then current commission schedule provided the following conditions
are met by the Affiliate: Completion of IRS form W-9. Click
here to get the form. Complete the
form and include your contact information and web site url(s). When complete send
to: PeopleFishing, Inc. The Cooper
Arms Building 455 E. Ocean Blvd MS 1115 Long Beach, CA 90802 Attention:
Affiliate Program Completion of this form is required before
any commissions will be paid. Non-resident aliens must complete
an affidavit stating that the business you are engaged in is not connected with
any trade or business in the United States. Payment
Method and Intervals Payments shall be delivered by mail
to the address provided on the tax forms submitted.
Commissions shall be paid to Affiliate
once per month or until total commissions to be paid
to the Affiliate equals or exceeds $50.00.
Termination
of Affiliate's Participation Affiliate's participation
in the Affiliate Program may be terminated at any time and for any reason at PeopleFishing's
discretion. Affiliate's participation in the Affiliate Program shall be deemed
automatically terminated immediately upon Affiliate's violation of this agreement
or upon awareness by PeopleFishing that Affiliate's web site(s) is or has become
the subject of a government investigation or complaint.
Affiliate may terminate its participation
in the Affiliate Program at any time by removing the
banners, links or promotional materials of PeopleFishing
from the Affiliate's web site and deliver email notification
if its intention to terminate participation in the Programe
to: affiliates@peoplefishing.com.
Notice
to Affiliate of Termination PeopleFishing shall provide
notice of termination as described in the section covering notices. Where Affiliate's
participation in the Affiliate Program is terminated automatically as described
in the section describing termination, no notice of termination need be provided
by PeopleFishing to the Affiliate. Accuracy
of Information Submitted by Affiliate Affiliate represents
that all information submitted by Affiliate is true and complete and that Affiliate
shall maintain and update all contact and other information for accuracy at all
times. PeopleFishing, Inc. shall reserve the right to terminate this agreement
in the event information provided is not maintained in a timely manner as accurate
and current by the Affiliate. Acceptance
and Termination by Affiliate By providing required information
and accepting these Terms and Conditions, affiliate agrees to be bound by same.
The Affiliate may cancel its participation in the Affiliate Program pursuant to
the section regarding termination. Affiliate's
Taxpayer Identification Number or Social Security Number Affiliate
agrees that Affiliate's United States social security number or taxpayer identification
number will be provided on Internal Revenue Service Forms 1099 inclusive or any
other tax forms required to be furnished to the Internal Revenue Service regarding
commissions paid as direct result of participation in this Affiliate Program. Tax
Obligations of Affiliate Affiliate shall be entirely responsible
for all tax obligations, foreign or domestic, due to all bona fide taxing authorities
arising as a result of commissions paid in connection with Affiliate's participation
in the Affiliate Program. Passwords
and Responsibility for Same Affiliate shall receive a password
to access his or her Affiliate account. Affiliate is entirely responsible for
any and all activities that occur regarding the use of Affiliate's password and
access to the account. Contact
of Affiliate by PeopleFishing PeopleFishing may at its
sole discretion or option, contact Affiliate from time to time by phone, email,
or other means. Participation
by Nonresident Aliens and Other Foreign Persons If you
are a nonresident alien or other foreign person or entity, you can participate
in the Affiliate Program only if the commissions you earn from participation are
not connected with a business in the United States. In order to participate and
earn commission in this Affiliate Program, non-resident aliens and other foreign
persons must sign and deliver to PeopleFishing, Inc. an affidavit to this effect.
Click here for the form. Modification PeopleFishing,
Inc. reserves the right to change or modify all or part of these Terms and Conditions
at any time for any reason whatsoever. PeopleFishing, Inc. will notify Affiliate
of any modifications to these Terms and Conditions as described in the section
covering notification. PeopleFishing, Inc. reserves the right
to alter the Affiliate Program, its options, conditions, functionality or operational
modalities, terms or to cease or terminate the Affiliate Program at any time.
Privacy Policy Except
as expressly provided, information given by Affiliate in connection with the Affiliate
Program shall be governed by the PeopleFishing Privacy Policy. Audit PeopleFishing,
Inc. will make available to the Affiliate subscription activity reports from which
the number of PeopleFishing membership subscriptions made as a result of Affiliate
referrals, and other information can be viewed. Limitation
of Liability UNDER NO CIRCUMSTANCES SHALL PEOPLEFISHING
BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE AFFILIATE
PROGRAM, USE OR MISUSE OF THE AFFILIATE PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM,
INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION
OR TERMINATION OF THE AFFILIATE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES (EVEN IF PEOPLEFISHING HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM PARTICIPATION IN THE AFFILIATE PROGRAM, USE OR MISUSE OF THE AFFILIATE
PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE
AFFILIATE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
AFFILIATE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AFFILIATE PROGRAM OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO PEOPLEFISHING.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. Limitations of liability are not permitted in some
jurisdictions. In such jurisdictions, the foregoing limitation may not apply to
you. Disclaimer THE
AFFILIATE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE
PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS,
IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLEFISHING, INC. DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AFFILIATE
PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE PROGRAM.
IN ADDITION, AFFILIATE UNDERSTANDS AND AGREES THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE AFFILIATE PROGRAM
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD
OF SUCH MATERIAL FROM THE PEOPLEFISHING WEB SITE. Release
from Claims Affiliate hereby agrees to release PeopleFishing
and its, subsidiaries, affiliates, officers, directors, agents, shareholders,
and employees from any and all claims, demands, obligations, damages (actual or
consequential or otherwise), costs or expenses of any kind whatsoever, whether
known or unknown, suspected or otherwise, disclosed or otherwise, that Affiliate
may have against them arising out of or in any way related to such disputes and/or
to the Affiliate Program. Affiliate agrees to waive all laws that may limit such
releases. Indemnity of PeopleFishing, Inc. Affiliate
agrees to indemnify and hold harmless PeopleFishing Inc., and its employees agents,
subsidiaries, affiliates, parents, officers, directors and shareholders from any
demand or claim, including interest, penalties, reasonable attorneys' fees and/or
costs claimed, demanded, or incurred in connection with any such claim or demand. Force
Majeure Under no circumstances shall PeopleFishing be liable
for any failure in performance under this Agreement resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, network hardware or software failures, computer equipment
failures, telecommunication equipment failures, any other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms, explosions,
acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in heat,
light, or air conditioning. Notices Notices
or communications regarding or pursuant to these Terms and Conditions shall be
sent by electronic mail or by post in writing and shall be deemed delivered upon
receipt to the party to whom such communication is addressed: If
to PeopleFishing from Affiliate such notices shall be sent to affiliates@peoplefishing.com
or PeopleFishing, Inc. at: PeopleFishing,
Inc. The Cooper Arms Building 455 E. Ocean Blvd MS 1115 Long Beach,
CA 90802 Attention: Affiliate Program If to Affiliate
from PeopleFishing, Inc. notices shall be delivered to the mailing address (electronic
or otherwise) stated when Affiliate registers for participation in the Affiliate
Affiliate Program. Or to such other address as either party may otherwise
provide. Entire Agreement This
agreement constitutes the sole and entire agreement between the parties with respect
to the Affiliate Program and supersedes all previous proposals, oral or written,
previous negotiations, former representations, other writings and all other communications
between the parties or by the agents or assigns of either party. Choice
of Law and Jurisdiction These Terms and Conditions
shall be governed by the laws of the State of California without regard to that
state's conflict of law provisions. Limitation Affiliate
agrees that regardless of any law to the contrary, any claim arising out of participation
in the Affiliate Program or to these Terms and Conditions must be filed within
one (1) year after such claim arose, or be forever barred. Relationship PeopleFishing
and Affiliate are independent contractors under these Terms and Conditions, and
nothing herein or stated previously in writing or otherwise between the parties
shall be construed to create a joint venture, agency, partnership or employment
relationship. Third
Party Agreements Neither party pursuant to these Terms
and Conditions has legal authority to enter into an agreement of any kind with
intent to obligate either party on behalf of the other or a third party. Successors
and Assigns The Terms and Conditions contained here
shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, successors, and assigns. Headings It
is understood that the headings in this document are labels and are included for
convenience only and bear no relation to the meaning, legality or efficacy of
the content of this document. |