Please read these terms of use carefully before using this website. Using this website indicates that you accept these terms. If you do not agree to
these terms, you have no right from CPA eMarket to obtain information from
or otherwise use this website. Failure to use this website in accordance
with the following terms of use may subject you to severe civil and
criminal penalties.
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ACCEPTANCE. You agree to keep the terms and conditions outlined in
this agreement. By clicking on the "I accept" button when you signup you indicate your acceptance of this Agreement. If you do not
accept this agreement, you are not authorized to be a Publisher, and
may not use our data feeds, graphics, and utilities on your website. By
completing and sending in the Publisher Program application form, you
are entering into a legal agreement with CPA eMarket, which contains all
of the terms and conditions below and governs your participation in the
CPA eMarket Publisher Program.
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DEFINITIONS. For purposes of clarity, the terms "we",
"our", "us", "CPA eMarket" refer to and/or
mean any of the trademarks, service marks, trade names, names, designs, logos,
images and/or other proprietary names or marks of CPA eMarket;
"you", "Publishers" refer to the other party to
the contract formed by your acceptance of these Terms and Conditions;
"Publisher Program" refer to your
participation in the promotion of our products and services.
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PREAMBLE. Publisher is an independent contractor seeking
registration for the CPA eMarket Publisher
Program.
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REGISTRATION. To sign up as an Publisher you must be at least 18
(eighteen) years of age
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RELATIONSHIP BETWEEN THE PARTIES. The parties are independent
contractors, and this Agreement will not be construed to create a partnership,
joint venture or employment relationship between them. Neither party will
represent itself to be an employee, agent or representative of the other, and
neither party will have the right or authority to create any obligation or
responsibility on the other's behalf. The relationship specified in this
Agreement is non-exclusive for both parties; therefore, the Publisher
shall be entitled to pursue other marketing opportunities and provide links to
sites of other companies through their own site, provided that any web sites,
links, graphics, text and html, in whole or in part, obtained through your
Publisher relationship with us shall be used only for promoting our Publisher
Program; likewise we shall be permitted to contract with other
Publishers.
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LIMITED LICENSE. We grant you a nonexclusive, revocable right to use
images or text that we may provide to you solely for the purpose of assisting
in generating product sales through the Program. You agree to follow our
instructions respecting the use of trademarks and those instructions may
change from time to time. We may revoke your license at any time by giving you
written notice.
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COMMISSION PAYMENTS. Your revenue-share (commission) payments are
paid according to the schedule listed on CPA eMarket.
We reserve the right to change the revenue-share (commission) rates at any
time, and without prior notice. Payment will be made on a Net 45 days terms. if you reach the minimum payout of
$50.
You are eligible to earn commissions on sales,leads occurring during the term
of this agreement. You agree that it is your responsibility to maintain in
our back office system accurate and up to date records of your banking
and/or payment information.
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INDEMNITY. You shall defend, indemnify, and hold CPA eMarket,
their directors, officers, employees, and representatives harmless from and
against any and all liabilities, losses, damages, and costs, including
reasonable attorney's fees, resulting from, arising out of, or in any way
connected with (a) any breach by you of any warranty, representation, or
agreement contained in this Agreement, (b) the performance of your duties and
obligations under this Agreement, (c) your negligence or (d) any injury caused
directly or indirectly by your negligent or intentional acts or omissions, or
the unauthorized use of our content or this Publisher Program.
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WARRANTIES AND DISCLAIMERS. Except as set forth in this agreement, we
make no warranties of any kind to any person with respect to this
Publisher Program, this includes the Publisher Program
availability or lack there of, or any data or materials supplied thereby,
whether express or implied, including any implied warranties of
merchantability or fitness for a particular purpose or non-infringement.
Furthermore, we make no representation that the operation of any of our
computer systems will be uninterrupted, or error-free, and will not be liable
for the consequences of any interruptions or errors, therefore you accept that
our computer systems, products, and services are provided on an "as
is" basis.
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GOOD FAITH. You agree that you will not knowingly benefit from known
or suspected traffic not generated using accepted marketing practices, this
obligation remains regardless whether or not it causes CPA eMarket or
the Publisher Program harm. You agree that should fraudulent activity
arise, which includes but is not limited to false traffic, or clicks, and
false or fraudulent sales,leads. we retain the right to refuse payment of commission
in such circumstances, and/or to retract any commission already paid. Our
decision in this regard will be final, and no correspondence will be entered
into.
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LIMITATION AND EXCLUSION OF LIABILITY. CPA eMarket shall not
be liable to You, or any other third party, and shall be held harmless for any
loss, cost, damage or expense incurred in connection with the promotion,
marketing and advertising of our products and services. In no event shall we
be liable for any indirect, incidental, consequential, special or exemplary
damages, including without limitation, loss of profits or loss of business
opportunity, even if such damages are foreseeable and whether or not we had
been advised of the possibility thereof. Our maximum aggregate liability shall
not exceed the total outstanding commission fees payable to you under to this
Agreement.
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CONFIDENTIALITY. You agree to keep in confidence all materials
connected to the Publisher program, this includes but is not limited
to your rev-share (commission) rates, the working practices of, and documents
relating to, the operation of this Publisher program, as well as the
operations of CPA eMarket. This Clause survives termination,
completion, expiry or repudiation of this Agreement.
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WAIVER. A waiver by any party of any term or condition of this
Agreement shall not be deemed or construed to be a waiver of such term or
condition for the future or any subsequent breach thereof. All remedies,
rights, undertakings, obligations and provisions in this Agreement shall be
cumulative and none of them shall be in limitation of any other remedy, right,
undertaking, obligation or provision in respect of either party.
CPA eMarket may modify any of the terms and conditions contained in
this Agreement. CPA eMarket will attempt to notify you via e-mail of any
such modification and will post a change notice on the CPA eMarket site.
If a modification is unacceptable, you may terminate this Agreement by giving
notice as described.
Any notice to be given under this Agreement shall be in writing and shall be
deemed delivered if delivered by e-mail: if to you, to you at the e-mail address
provided in your Publisher Program application form; and if to
CPA eMarket, to CPA eMarket at support@CPAeMarket.com.
Thank you for taking the time to ready the Publisher Agreement. We look
forward to working with you. By signing up for our Program, you are in effect,
agreeing to the above Publisher Agreement.
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