DESCRIPTION
The Affiliate Program permits you to monetize your website, social media user-generated content, or online software application (referred to here as your “Channels”), by placing links to RECUWEB Inc. Code Market website on your Channels.
The links must properly use the special “referral” coupons we provide and comply with this Agreement.
When our customers use your “discount coupon” to purchase an item sold or services offered on RECUWEB Inc. Code Market (a “Product”) or take other actions, you can receive program fees for qualifying purchases, as further described in the Rules & Policy section of the program.
In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliate Program (“Content”).
CUSTOMERS
Our customers are not, by virtue of your participation in the Affiliate Program, your customers.
As between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on RECUWEB Inc. Code Market will apply to those customers, and we may change them at any time.
You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with RECUWEB Inc. Code Market service, you will state that those customers must follow contact directions on RECUWEB Inc. Code Market to address customer service issues.
WARRANTIES
You represent, warrant, and covenant that :
- you will participate in the Affiliate Program and create, maintain, and operate your Channels in accordance with this Agreement
- neither your participation in the Program nor your creation, maintenance, or operation of your Channels will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing)
- you are lawfully able to enter into contracts (e.g. you are not a minor)
- the information you provide in connection with the Affiliate Program is accurate and complete at all times
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliate Program, and we will not be liable for any actions you undertake based on your expectations.
IDENTITY
You must clearly state somewhere on your Channels that you are a participant in the RECUWEB Inc. Code Market Affiliate Program, an affiliate advertising program designed to provide a means to earn fees by linking to RECUWEB Inc. Code Market.
TERM & TERMINATION
The term of this Agreement will begin upon your registration on or use of the Affiliate Site and will end when terminated by either you or us.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished
No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
DISCLAIMERS
THE AFFILIATE PROGRAM, THE CAMGIRL CLOUD SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE CAMGIRL CLOUD SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE CAMGIRL CLOUD MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATE PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR CHANNELS OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE AFFILIATE PROGRAM, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, PROGRAM POLICIES, THE AFFILIATE SITE, OR ANY CAMGIRL CLOUD SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.
PROVISIONS
By accepting this Agreement, you hereby consent to us:
(a) sending you emails relating to the Affiliate Program from time to time,
(b) monitoring, recording, using, and disclosing information about your Channels and users of your Channels that we obtain in connection with your display of Special Links and Content (for example, that a particular RECUWEB Inc. Code Market customer clicked through a Special Link from your Channels before buying a Product on RECUWEB Inc. Code Market)
(c) reviewing, monitoring, crawling, and otherwise investigating your Channels to verify compliance with this Agreement, and
(d) using, reproducing, distributing, and displaying your implementation of Content displayed on your Channels as examples of best practices in our educational materials.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. 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.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on RECUWEB Inc. Code Market, including any updates of the Program Policies from time to time.
In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Affiliate Program and supersedes all prior agreements and discussions.
All non-public information provided by us in connection with this Agreement or the Affiliate Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the 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 you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your Channels or otherwise, that contradicts or may contradict anything in this paragraph. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
MODIFICATION
We reserve the right to modify any of the terms and conditions contained in this Agreement (including those in any Program Policy) at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Program Policy on the Affiliate Site or by sending notice of such modification to you by email to the primary email address then-currently Affiliated with your Affiliate account (any such change by email will be effective on the date specified in such email but will in no event be less than two business days after the date the email is sent).
YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT