The following are terms and conditions for participating in the LegalMessenger
Affiliate Program. "Affiliate" refers to you, and "LegalMessenger" refers to
LegalMessenger and its corresponding entities.
LegalMessenger reserves the right to amend this
agreement as needed from time to time, and Affiliate agrees that any such
amendment will apply to Affiliate. The continuation of Affiliate status or
Affiliate's acceptance of income or bonuses shall constitute Affiliate's
acceptance of any and all amendments.
1. Affiliate represents and warrants that he or she is
of the legal age of consent in all applicable jurisdictions or countries and, in
any event, is at least 18 years of age.
2. Affiliate will not engage in any SPAM of any kind,
nor will Affiliate engage in any unauthorized message board, messenger service
or other online posting. LegalMessenger also considers ANY type of advertisement
about LegalMessenger posted to a newsgroup or chat room to be SPAM. For the
purpose of this agreement , SPAM is defined as e-mailing ANYONE, in bulk or by
single mailing, about LegalMessenger, who has not specifically requested the
information directly from Affiliate. "Unsolicited" and "Unauthorized" are
defined as any solicitation not expressly requested or warranted by any
organization or site mentioned above. Use of SPAM may result in the immediate
suspension or termination of Affiliate account. Affiliate will also be in
violation of the LegalMessenger Affiliate Agreement and subject to legal action
and be held liable for any financial loss incurred by LegalMessenger.
3. Affiliate will not engage in any advertising
utilizing spyware or adware of any kind. This includes "permission" based adware
software, used exclusively for the delivery of popup or related ads. In the
event that you have an application that delivers advertisements, express
permission must be granted in writing from LegalMessenger to allow any
promotion. Affiliate will also not attempt to "bundle" LegalMessenger from
LegalMessenger with any other software, regardless of user permission or
otherwise, unless expressly permitted to do so in writing by LegalMessenger.
LegalMessenger has no past or existing "bundling" arrangement of any kind, so
Affiliate shall not bundle LegalMessenger software with any other unless
expressly permitted in writing to do so by LegalMessenger.
4. Affiliate will not engage in any browser hijacking of
any kind, or any other interference with the normal functioning of a potential
website visitor's computer. This could include starting any process(es) not
expressly started by potential website visitor, including opening of a CD rom,
or any other program or application. In keeping with this, Affiliate is directly
responsible to be in full compliance with all pertinent law and the following
two laws specifically: HR2929, the Securely Protect Yourself Against Cyber
Trespass Act, and HR4661, the Internet Spyware Prevention Act of 2004.
5. Affiliate will not intentionally mislead any
potential website visitor to believe that a LegalMessenger product is any other
product. This could include website content, or ads run on any search engine.
Affiliate will not use any product name in context of advertising which could be
misunderstood to be a LegalMessenger product, and therefore be misleading to the
potential website visitor.
6. Affiliate will not use advertising which is directly
false or misleading. This could include claims that "Porn" has been found on a
user's machine when no actual scan for such items has been done, or directly
using a customer's system information to falsely induce a click or purchase.
This could include showing contents of particular sections of the potential
website visitor's hard drive, cookie folder, or system settings, as well as
specific information, such as IP address, operating system, or any other "non
critical" system information. "Non Critical" is defined for purposes of this
document as any specific system information that has no direct connection with
any spyware/adware or any specific system problem LegalMessenger will assist in
repairing.
7. Affiliate agrees to assume sole responsibility for
compliance with all applicable intellectual property laws and all other federal,
state and international laws. In the event that LegalMessenger should receive
any notification of claimed infringement by Affiliate, Affiliate agrees to
cooperate with LegalMessenger in expeditiously responding to such notification
and resolving any claim of infringement. In the event that an affiliate is
unresponsive or unwilling to assist, LegalMessenger will take any and all
measures to prevent Affiliate from further involvement in our program, and will
further cooperate in any law enforcement action as a result of said Affiliate's
actions.
8. Affiliate will be directly responsible for all tax
liabilities, including without limitation, liabilities to any agency with
respect to any earnings or payments made as a result of affiliate's promotion of
LegalMessenger. Affiliate further agrees to indemnify and reimburse
LegalMessenger in the event of any claim for assessment by any foreign, United
States federal, state, and/or local taxing authority.
9. Affiliate agrees that a LegalMessenger Affiliate is
an independent contractor and not an employee, agent, partner, legal
representative, or franchisee of LegalMessenger. Affiliate further agrees not to
incur any debt, expense, obligation on behalf of, for, or in the name of
LegalMessenger.
10. All Affiliate applications are subject to approval
by LegalMessenger
11. Affiliate agrees to receive LegalMessenger e-mail,
including but not restricted to sales reports, training, plus messages from
Affiliate's Team Leader and/or Group Leader.
12. Affiliate agrees to present LegalMessenger products
and services as set forth at the official LegalMessenger Website. Affiliate will
make no claims regarding products or services beyond what is stated at the
official LegalMessenger Website.
13. LegalMessenger is not responsible for technical
problems, acts by third parties, or other events outside our reasonable control
which may temporarily disrupt or diminish service.
14. LegalMessenger reserves all rights in or to its
trademarks and servicemarks but may be used by Affiliate in accordance with this
agreement. Affiliate may in no way display a LegalMessenger logo, image, or
trademark which may be distasteful, defame, or misrepresent LegalMessenger.
15. Affiliate may not assign rights or delegate duties
under this Agreement without the prior written consent of LegalMessenger. Upon
request, LegalMessenger will provide Affiliate with guidelines for the sale,
transfer, or assignment of Affiliate's LegalMessenger business.
16. Affiliate agrees not to present others' creative
works-in full or in part-as his or her own nor engage in violation of copyright
agreements for any reason. Such violations could result in suspension or
termination of membership.
17. LegalMessenger makes no warranties expressed or
implied with regard to Affiliate Program except as outlined in this Agreement.
18. In the event that a provision of this Agreement is
held to be invalid or unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable, and the balance of the Agreement
will remain in full force and effect.
19. LegalMessenger shall not be held liable for any
indirect, incidental, special, or consequential damages or any loss of revenue
or profits arising under or with respect to this Agreement or program, even if
LegalMessenger has been advised of the possibility of such damages.
LegalMessenger aggregate liability arising under or with respect to this
agreement or the program shall in no event exceed the amounts paid or payable by
LegalMessenger under this agreement.
20. Both LegalMessenger and the Affiliate reserve the
right to terminate this agreement at any time. The term of this Agreement shall
be for a period of one year from the date hereof and shall automatically renew
upon each anniversary without further act of the parties unless either party has
terminated this Agreement by written notice to the other.