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Golden Monkey Affiliate Agreement:
Please read the agreement document below before registering.
Welcome to Golden Monkey's Affiliate Program. Golden-Monkey.com pays our Affiliate
Publishers 15% commission on all net sales from traffic generated through their
websites.
Our program is absolutely free to join and once your account has been approved
you can start earning money from your website. You will have your own online
tracking system that allows you to monitor your sales and commission payments
in real time.
- Free, User-Friendly Program
- Incredible Bonuses to Affiliate's for referring Our Winners
- Dedicated Affiliate Manager
- 90-day Cookie for Return Visitors!
Relationship of Parties
You and we are independent contractors, and nothing in
this Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between the parties. 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 otherwise, that reasonably
would contradict anything in this Section.
Our Responsibilities
We will be responsible for providing all information
necessary to allow you to make appropriate Links from Your Site to Our Site.
We will be solely responsible for processing every application placed by a customer
following a Link from Your Site, for tracking the number and amount of sales
generated by the Link from Your Site, and for providing information to you regarding
sales statistics. Also, we will be responsible for credit card authorizations,
payment processing, cancellations, returns, and related customer service, it
being understood that such activities shall be for our account.
Responsibility for Your Site
You will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on
your site (including, among other things, all product-related materials)
- Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous
or otherwise illegal.
We disclaim all liability for these matters. Further, you
will indemnify and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
Linking
As an Affiliate, we will make available to you a variety
of graphic and textual links (each of these links sometimes being referred to
herein as "Links" or, individually, as a "Link"), which,
subject to the terms and conditions hereof, you may display as often and in
as many areas on your site as you desire. The Links will serve to identify your
site as a member of our Affiliate Program and will establish a link from your
site to ours.
a. Agreements Regarding Links: In utilizing the Links, you
agree that you will cooperate fully with us in order to establish and maintain
such Links. You also agree that you will display in your site only those graphic
or textual images (indicating a Link) that are provided by us, and you will
substitute such images with any new images provided by us from time to time
throughout the term of this Agreement. All Affiliate Sites shall display such
graphic and/or textual images prominently in relevant sections of their site.
All Links may be modified and/or expanded from time to time throughout the
term of this Agreement pursuant to the mutual agreement of the parties hereto.
Each Link connecting users of your site to our site will in no way alter the
look, feel, or functionality of our site.
b. We will refuse all applications or signups from
affiliates which we believe participate in spyware, adware or parasiteware
techniques for driving traffic. We reserve the right to research and investigate
affiliates and their activities and, at our own discretion, determine whether
or not these practices are in place. Affiliates found in violation of this
policy will be immediately terminated from the program and will forfeit all
commissions.
Commission Schedule
You will earn commissions (referral fees) based on revenues
according to the commissions schedules to be established by us. The current
commission schedule is:
- 15% of Revenues from sales of Golden-Monkey Sweepstakes
Tickets
Commission Payment
We will pay you commissions on a monthly basis. Approximately
15 days following the end of each calendar month, we will send you a check for
commissions earned on sales of Frobits Products that were purchased and paid
during that month. However, if the referral fees payable to you for any calendar
month are less than US Twenty dollars, we will hold those commissions until
the total amount due is at least US Twenty dollars or (if earlier) until this
Agreement is terminated. If a Sale that generated a referral fee is not paid
in complete by the end customer or is purchased by the use of a fraudulent credit
card, we will deduct the corresponding commission from your next payment. If
there is no subsequent payment, we will send you a bill for the commission paid
on sales.
Anti-SPAM Policy
We do not and will not tolerate the sending of
unsolicited email messages and will prosecute all offenders to the fullest extent
of the law. By agreeing to the terms and conditions of this agreement, you also
agree to the following.
a) e-mails promoting Uni-Sweeps or Golden-Monkey.com shall
not contain or include a falsified sender domain name or falsified IP address;
b) e-mails promoting the Uni-Sweeps S.A. or Golden-Monkey.com
advertisements shall not be routed or relayed through servers that the sender
does not have explicit authorization to use;
c) e-mails promoting the Uni-Sweeps S.A. or Golden-Monkey.com
advertisements shall not contain or include a false or misleading subject line
that attempts to disguise or conceal the content of the e-mail;
d) all e-mails shall contain or include valid and responsive
contact information of the sender, list manager or list owner; This includes
your physical address.
e) no e-mails promoting Cackleberries Entertainment Inc.
or Frobit.com shall be sent for the purpose of harvesting the e-mail addresses
in order to send future unsolicited e-mails;
f) all e-mails promoting Uni-Sweeps S.A. or Golden-Monkey.com
will be sent to individuals who have given you their “Affirmative Consent” as
defined in Sec. 3.1 of the “CAN-SPAM Act of 2003” (viewable at
GPOAccess.gov) which by its reference is incorporated into this document.
g) every e-mail promoting Uni-Sweeps S.A. or Golden-Monkey.com
advertisements shall contain a functioning return electronic mail address or
other Internet-based mechanism clearly displayed that a recipient may use to
submit in a manner specified in the message a reply electronic mail message
or other form of Internet-based communication requesting not to receive future
e-mail messages from you
h) you shall process any and all opt-out requests within
5 business days, or less of the request.
i) unless otherwise directed by Uni-Sweeps S.A. or Golden-Monkey.com
in writing, you shall not use Uni-Sweeps S.A. or Golden-Monkey.com, or it's
represented advertisers names (including any abbreviation thereof) or any trademark,
trade name, service mark, logo or other Uni-Sweeps S.A. or Golden-Monkey.com
identifying information in the originating or return e-mail address line, header
or subject line of any e-mail transmission and that all e-mail transmissions
shall contain language in the body and both the "from" line as well
as the "re:" line that clearly announces that the offer embedded
in the e-mail is being sent by you for the benefit of your users.
j) you agree and affirm to comply with all the rules and
regulations set forth in the “CAN-SPAM Act of 2003” as well as
all obligations and provisions herein.
Term of the Agreement
The term of this Agreement will begin upon our acceptance
of your Affiliate application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination. You are only eligible
to earn referral fees on sales occurring during the term.
Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on this site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment procedures
and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
Limitation of Liability
We will not be liable for indirect, special or consequential
damages, or any loss of revenue, profits or data, arising in connection with
this Agreement or the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to this
Agreement and the Program will not exceed the total referral fees paid or payable
to you under to this Agreement.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER
FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of Costa Rica without giving effect to conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be exclusively settled by the Courts of Costa Rica., and you irrevocably consent
You may not assign this Agreement, by operation
of law or otherwise, without our prior written consent. Subject to that restriction,
this Agreement will be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such provision or any
other provision of this Agreement.
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