By creating a FinditFastGold.com Affiliate Account, you (a FinditFastGold.com Affiliate Partner) are agreeing to the terms specified in this agreement. Violation of any restrictions included here may result in cancellation of your account, and possible forfeit of affiliate revenue.
Acceptable Advertising Methods
As a FinditFastGold.com affiliate member, you earn revenue by generating sales of software programs through affiliate programs offered within the FinditFastGold affiliate console. You generate these by encouraging web users to visit one or more product information pages on the FinditFastGold.com site, through websites created through the FinditFastGold.com software, or through the FinditFastGold.com affiliate software tools. You may advertise products via:
SPAMMING IS NOT
ALLOWED, INCLUDING BUT NOT LIMITED TO E-MAIL, NEWSGROUPS, DISCUSSION FORUMS,
IRC CHAT ROOMS, MAILING LISTS
AND SO FORTH. You
MUST NOT advertise any FinditFastGold.com URL, or use the FinditFastGold.com name, or use
the name of a product in the FinditFastGold website within any email sent unsolicited to
users or in postings to News Groups or Mailing Lists.
Pornographic sites, sites dealing with Warez, or other sites deemed inappropriate may have their affiliate accounts terminated at any time.
You are solely responsible for compliance with, and will comply at all times with, all civil and criminal laws, rules and regulations applicable to You and Your business (including without limitation the CAN-SPAM Act of 2003).
If you have any questions about whether a method of advertising is allowed, send an e-mail through the online FinditFastGold.com contact form.
Affiliates are paid through the respective affiliate programs that they have elected to participate in through the FinditFastGold affiliate console (such as the SellShareware.com, and RegNow.com affiliate programs). The terms and conditions of these affiliate programs must be reviewed and accepted separately. Payment is handled through these respective services, and is outlined in their agreements.
FinditFastGold.com reserves the right to change its commission rates without notice, but the current affiliate commission rate will be posted on the FinditFastGold.com website.
Depending on the affiliate programs you have elected to participate in through the FinditFastGold affiliate console, orders placed by an affiliates themselves may not qualify for commission.
Additionally, there may be occassions where orders will be refunded such as at the request of consumers, or orders may be charged-back due to credit card fraud. Affiliate commissions may not be paid on these orders.
The respective affiliate programs that affiliates have elected to participate in handle credit card processing and may also track sales of software products along with the Affiliate generating those sales, and are responsible for transfer of commission payments from product sales to the Affiliate partners.
FinditFastGold.com makes no promises or warranties to you that customers will purchase products from a particular seller, that links will be functional at all times, or that the FinditFastGold.com site or software will operate at all times or without error. FinditFastGold.com PROVIDES ITS SERVICES TO YOU UNDER THIS AGREEMENT AS-IS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FinditFastGold.com DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WHICH MAY ARISE UNDER LAW OR EQUITY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY OF INFORMATION. You agree that in no event will FinditFastGold.com be held liable for any special, incidental, consequential, or punitive damages.
FINDITFASTGOLD.COM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS), WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. THE LIMITATIONS UPON DAMAGES AND CLAIMS SET FORTH IN THIS AGREEMENT IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold the FinditFastGold.com harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive. You assume full responsibility for your decision to use the FinditFastGold.com affiliated services.
You and Your successors and assigns shall indemnify, defend, and hold harmless FinditFastGold, its corporate affiliates and subsidiaries and each of their respective directors, officers, employees, agents and subcontractors, and their respective successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses (including, but not limited to, the cost of obtaining an opinion of counsel in response to a notice of potential infringement of the intellectual property rights of any other person or organization), obligations, liabilities, damages, recoveries and deficiencies, including interest, civil or criminal penalties or fines, reasonable attorneys fees and costs, that an indemnified party may incur or suffer, which arise, result from, or relate to
(a) your failure to perform, violation or breach of any of your representations, warranties, covenants and/or obligations under this agreement; or
(b) an actual or alleged breach of any applicable civil or criminal laws by FinditFastGold caused directly or indirectly by your actions or inactions; or
(c) claims arising out of any other activities you perform, services you provide, or products you sell which are associated publicly in any manner with the FinditFastGold Affiliate Program or any of its sellers; or
(e) the assertion of any infringement or other claims alleging that your content violates the intellectual property rights of any other person or organization (including those rights held by FinditFastGold or any Seller); or
(f) claims relating to the violation of any privacy policies You are required to comply with under this Agreement; or
(g) the negligence or willful acts or omissions of you or your employees or agents.
This Agreement shall be governed by and interpreted under the laws of the Province of Ontario, Canada.
Changes in Policy
FinditFastGold reserve the right to change policies without prior notice. In addition, Affiliate Partner accounts can be terminated for cause at the discretion of FinditFastGold.com, with all valid commissions due being paid to the affiliate in full.