Top 3 Partners for June 2008
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Funtonia.com requires that its Affiliates read, agree and acknowledge the Terms and Conditions described in this Affiliate Agreement.
Representations and Warranties
Affiliate represents and warrants that it is authorized to enter into this Agreement. The affiliate warrants that the Affiliate's web site does not violate any applicable law or regulations nor infringe or violate any copyright, patent, trademark or other similar Intellectual Property right.
Acceptable Use
Funtonia.com does not accept any form of SPAM and discards all traffic and methods other than that generated from a human-generated click. Spamming will cause the immediate termination of the Affiliate account. The determination that an affiliate has engaged in spamming will be made by Funtonia.com alone.
Funtonia.com will check all Affiliate sites. Funtonia.com reserves the right to reject or terminate without compensation the accounts of Affiliates that contain or promote: warez, MP3s, ROMs, EMUs, SPAM e-mails, or any other content or activities which are illegal in the United States.
Funtonia.com may also terminate Affiliate's account if Funtonia.com in its sole discretion, determines that any content, goods, services, or links displayed on or made available through Affiliate's Web site(s) are illegal, obscene, indecent, vulgar, offensive, dangerous, or are otherwise deemed inappropriate; that Affiliate or Affiliate's web site(s) violates, has violated, or is likely to violate the terms and conditions of this Agreement; the traffic received by Funtonia.com as a result of action by the Affiliate fails to generate revenue; or for any other reason.
Compensation
Funtonia.com will only accept and pay for traffic from the United States, United Kingdom, Australia and Canada. Unless otherwise agreed, Funtonia.com will pay Affiliates a commission of up to $10 for each unique user originating from the Affiliate's site who purchases a premier membership and up to $6 for each unique user originating from the Affiliate's site who purchases a standard membership, depending on performance and according the to following table:
Daily Signups
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Your commission per 1 signup
Quarterly membership
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Annual membership
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1-10
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$5
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$9
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11-25
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$5 + $0.5 bonus = $5.5
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$9 + $0.5 bonus = $9.5
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26+
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$5 + $1 bonus = $6
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$9 + $1 bonus = $10
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Funtonia.com agrees to pay the Affiliate between twenty (20) and thirty (30) business days after the start of each calendar month all commissions earned during the previous month. Amounts of less than one hundred dollars ($100) will be held over until the following the month or the amount owed reaches $100, whichever is the later.
Indemnity and Liability
Affiliate shall indemnify and hold Funtonia.com harmless against any and all damages, claims and awards brought or assessed against Funtonia.com, resulting from a breach of any warranty, representation or covenant made by Affiliate under this Agreement; or arising from any breach by the Affiliate of any of the provisions or requirements of this Agreement.
Funtonia.com's liability arising out of this Agreement shall not exceed the net amount payable to Affiliate during the three (3) months prior to the date of such cause. Funtonia.com shall not be liable by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, terrorist attacks or any other cause that is beyond the reasonable control of Funtonia.com and its employees.
Termination of Agreement
Either party may terminate this Agreement on fourteen (14) days written notice to the other party for any reason. Upon termination of agreement, all money owed will be paid in full.
Changes to Agreement
Funtonia.com may change this Agreement at any time and at its discretion. All Affiliates will be notified of changes to the agreement either by e-mail or a notice clearly displayed at Funtonia.com. Continued use of the Affiliate Program(s) shall be deemed continued acceptance of this Agreement including its amendments and modifications. Funtonia.com reserves the right to change any of its advertising specifications at any time.
Confidential Information
For the purposes of this Agreement, the term "Confidential Information" refers to any non-public information that either party designates as being confidential. Confidential Information includes, without limitation client lists and names, pricing terms, terms of this and any other agreement with Funtonia.com, any information relating to such clients, members, as well as images, programs, methods, know-how, techniques, processes, information relating to marketing, promotion, business policies, strategies or practices, and information received from others that either party is obligated to treat as confidential. Confidential Information disclosed by any subsidiary, affiliate, agent or related party of either party is covered by this Agreement.
All Confidential Information shall be treated confidentially by the recipient of the Confidential Information and its employees and shall not be disclosed by the recipient without the disclosing party's prior written consent.
Affiliate shall not adopt, use, register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, any of the Funtonia.com trademarks, service marks or trade names, or any word or mark confusingly similar.
The parties' obligations with regards to Confidential Information shall survive any termination of this Agreement.
Reporting and Statistics
Funtonia.com will provide Affiliate with password-protected access to online reporting information so that Affiliate may monitor its campaign. Funtonia.com will maintain delivery statistics and Affiliate acknowledges that these delivery statistics are the official and definitive measurements of performance on any obligations provided in the agreement. No other measurements or usage statistics (including those of Affiliate or any third party) shall be accepted by Funtonia.com or have any effect on this Agreement.
Non-solicitation of clients
Affiliate agrees and undertakes not to approach, solicit or respond to any inquiries from any person that Funtonia.com has identified as a client, business partner (including advertisers and publishers) or prospective client or business partner.
Limitations
As an affiliate, you agree NOT TO:
1. Create a site that copies, resembles or imitates Funtonia.com or creates the impression that the Affiliate Site is the Funtonia.com Website.
2. Offer any form of rebate, gift certificate, or other rewards to users who submit orders through affiliate links, without making it clear that such offers are not being made by Funtonia.com and is not responsible for them.
3. Purchase or bid for placement of "Funtonia.com" (or any variation or misspelling of it) within any third party search engine or portal.
4. Deliberately or accidentally cause the user to misunderstand your relationship with Funtonia.com, in particular through functions such as search, order and browse.
5. Place Links in newsgroups, message boards, banner networks, chat rooms or guest books.
6. Use "Funtonia.com" or any misspelling of it in any URL on any affiliate page of the Affiliate Website, or in any other method of sending users to the Affiliate Website.
7. Issue any press release, announcement, or promotional material that uses Funtonia.com's name or trademarks without Funtonia's written permission.
8. Make any warranty or representation concerning Funtonia.com's products or services except those expressly stated by Funtonia.com in advertisements and on the Funtonia.com Website.
9. Sublicense or assis any third party to display Advertisements on its website.
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