Gold Striker(GS) Agreement
Thiscontract constitutes the rules, terms, and conditions of doing business with GOLDwhich are in place to protect clients/advertisers within our network. Shouldthere be any violation of these terms and conditions of business we reserve theright to suspend or cancel any account and potentially withhold payment.
Allweb sites, newsletters, companies, or individuals need official approval from GOLDbefore they can become an Affiliate or Partner. Only web sites and newslettersthat have been reviewed and approved are permitted to use the programs. GOLDreserves the right to withhold or refuse approval on any web site, newsletter,company, or individual for any reason, whatsoever. ---Our website has not beendesigned to perform these functions---
Inorder to be eligible for Affiliate or Partner approval, all web sites andnewsletters must meet the following criteria:
Ifyou fraudulently add leads or clicks or inflate leads or clicks by fraudulenttraffic generation (as determined solely by GOLD, such as pre-population offorms or mechanisms not approved by GOLD), you will forfeit your entirecommission for all programs and your account will be terminated. GOLD reservessole judgment in determining fraud and you agree to this clause.
Itis the OBLIGATION of the Affiliate or Partner to prove to GOLD that they areNOT committing fraud. GOLD will hold your payment in 'Pending Status' until youhave satisfactorily provided evidence that you are not defrauding the system.We flag accounts that:
Fillingout this form constitutes an agreement between GOLD and the Affiliate orPartner. The commission payment that is generated to the Affiliate or Partnervaries per registered subscriber to the programs offered and/or per clicks.This commission payment is made approximately 15 days after the end of themonth. GOLD does not guarantee payment to the Affiliate or Partner if theAdvertiser does not pay GOLD.
Commissionpayment totals must exceed $50.00, otherwise this payment will not be madeuntil the $50.00 minimum is reached. International Affiliates (outside of theUnited States) agree to a minimum $50.00 to be reached.
Affiliateor Partner agrees not to carry objectionable materials on their web site whichwould revoke their affiliation as determined by GOLD. An Affiliate or Partnerwill only run approved banners and text in their advertising of our programsand will NOT create their own banners or advertising text, unless expresslyapproved in writing from GOLD. Violation of this forfeits your commissions. AnAffiliate or Partner WILL NOT spam or send unsolicited email mentioning orpromoting the Affiliate or Partner programs. Any violation of this will resultin the Affiliate or Partner being liable for damages per email sent and otherdamages as deemed by a court of law.
Editingof an Advertiser's program images or copy is strictly prohibited. An Affiliateor Partner will only use approved banners and text to link to an Advertiser'ssign-up pages. An Affiliate or Partner will not mislead people to make it seemthat they are signing up for an offer that is offered by the Affiliate or Partnersite. An Affiliate or Partner can ONLY use banners and approved text, any otheruse of link and sign-up processes will result in the loss of all sign ups/leadsaccrued for the Affiliate or Partner.
Affiliateagrees to use only allowed promotion channels as stated in each campaign.Special instructions including but not limited to search restrictions andpromotion requirements may be included in a campaign description. Any violationof the above may result in termination from the campaign and/or network andloss of bounties.
Asan affiliate of GOLD you agree to all terms and conditions of CAN-SPAM 2003 andany state or local mini-can-spam laws. You acknowledge that should you fail tocomply with these laws, GOLD will surrender your information to any authoritiesor to satisfy any litigation that may arise from the actions of your company,its affiliates, employees or officers.
GOLDreserves the right to terminate any Affiliate's or Partner's contract for anyreason whatsoever. Termination notice will be provided via e-mail and will beeffective immediately. All legitimate moneys due to an Affiliate or Partnerwill be paid during the next billing cycle. If an Affiliate or Partner defraudsthe system, then payment is revoked as determined solely by GOLD.
Youguarantee that all content, products, and services on your web site are legalto distribute and that you own or have the legal right to use any and allcopyrighted material.
AnAffiliate or Partner irrevocably covenants, promises and agrees to indemnify GOLDand to hold GOLD harmless from and against any and all losses, claims,expenses, suits, damages, costs, demands or liabilities, arising from any andall claims and lawsuits for copyright, slander, libel, and trademark violationas well as all other claims resulting from member's web pages.
GOLD gives no warranty, express or implied, for any and allservices and products provided, including, but not limited to, warranty of merchantabilityand warranty of fitness for a particular purpose. This statement expresslyincludes any reimbursement for losses of income due to disruption of service byGOLD or its upstream providers.
You agree to settle any dispute under this agreement underthe laws of the Commonwealth of California. Any litigation arising under thisAgreement will be brought in the federal or state courts of SouthernCalifornia.
If any provision of this agreement shall be held or madeinvalid or unenforceable by a court decision, statute, rule or otherwise, theremaining provisions of this agreement shall not be affected thereby.