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Affiliate Agreement

If you haven't read the basic terms of use yet, please do so before signing up as affiliate.

Terms of Use: extras/terms-of-use — Disclaimer: extras/disclaimer — Privacy Policy: extras/privacy-policy

THIS AFFILIATE AGREEMENT EXPANDS THE TERMS ABOVE. The term "this Agreement" used on this page includes those terms above.

On this page "you" will always be referred to as "affiliate" or "registered affiliate".

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. AFFILIATE OBLIGATIONS

The fact that we auto-approve your application does not imply that we may not re-evaluate it at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

  • Promotes sexually explicit materials
  • Promotes violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
  • Includes "fullhorn" or variations or misspellings thereof in its domain name
  • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
  • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
  • You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are fullhorn.tv or any other affiliated business.

In your affiliate account you can access your personal details which you will always keep up to date. Here you will also find your income and tools to generate HTML code for your website. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2. AFFILIATE WEBSITE

We reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.

The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

3. OUR RIGHTS AND OBLIGATIONS

We have the right to monitor your site at any time to determine if you are following all the terms and conditions. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the our affiliate program.

fullhorn.tv reserves the right to terminate this Agreement and your participation in our affiliate program immediately and without notice to you should you commit fraud in your use of the fullhorn.tv Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, fullhorn.tv shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your affiliate application, and will continue unless terminated hereunder.

4. TERMINATION

Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and fullhorn.tv Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in our affiliate program following the posting of the change notice or new Agreement on our site will indicate your Agreement to the changes.

6. PAYMENT

If one or more products are sold on fullhorn.tv which can be traced to your affiliate tracking code, fullhorn.tv will credit your Affiliate Account with the commission from the fee received from the Registered Costumer which is computed as followed: The Registered Costumer's total amount less Vouchers and payments via Reward Points result in a gross fee from which the Affiliate receives the amount according to his commission.

You authorize fullhorn.tv to collect and distribute such fees and commissions on your behalf. Commission rates may be varied by fullhorn.tv at its sole discretion, from time to time. Any changes to the commission rates by fullhorn.tv will take effect on and from the date on which notice of the variation is posted by fullhorn.tv on fullhorn.tv.

fullhorn.tv will pay you either via PayPal or Bank transfer whereas latter is only possible within the EU and may result in transfer fees. The minimum amount for a transfer is $50.-.

7. PROMOTION RESTRICTIONS

Prohibited forms of advertising

You are free to promote your own web sites, but naturally any promotion that mentions fullhorn.tv could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by fullhorn.tv. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote fullhorn.tv so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote fullhorn.tv so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from fullhorn.tv. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the fullhorn.tv Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

Pay-Per-Click campaigns and keywords

Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as fullhorn.tv, fullhorn, www.fullhorn, www.fullhorn.tv, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the fullhorn.tv Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in fullhorn.tv service).

Inapropiate software and methods

Affiliates shall not transmit any so-called “interstitials”, “Parasiteware™,” “Parasitic Marketing”, “Shopping Assistance Application”, “Toolbar Installations and/or Add-ons”, “Shopping Wallets”, or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited fullhorn.tv site (i.e., no page from our site or any fullhorn.tv’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open fullhorn.tv’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

8. GRANT OF LICENSES

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of fullhorn.tv Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of fullhorn.tv and the good will associated therewith will inure to the sole benefit of fullhorn.tv.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

10. INDEMNIFICATION

You hereby agree to indemnify and hold harmless fullhorn.tv, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and Agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

11. CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

12. MISCELLANEOUS

  • You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and fullhorn.tv. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this section.
  • Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
  • You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
  • This Agreement represents the entire Agreement between us and you, and shall supersede all prior Agreements and communications of the parties, oral or written.
  • The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
  • If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

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