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AFFILIATE PROGRAM TERMS AND CONDITIONS Definitions mingleclub.com: The domain name “mingleclub.com”, URL (uniform resource locator), website, material, content, intellectual property, systems and staff associated with mingleclub.com. Revenue sharing program: Nature of program as described herein and at the mingleclub.com website. Affiliate: Individual or entity registered to participate in this program as described herein and at the mingleclub.com website. Compensation plan: Basis mingleclub.com uses to calculate commissions owed to affiliate, as described at the mingleclub.com website. Unique HTML code: Code provided to affiliate to enable affiliate to participate in this program and earn commissions as per compensation plan. Fraud: Generating fake or false membership signups. Tricking people into making use of unique HTML code provided to affiliate. Spam: Mass unsolicited postings. Agreement This agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in this revenue sharing program. This agreement is inseparable from the said program. If this agreement is terminated, affiliate’s participation in the said program immediately becomes null and void. This agreement becomes applicable when an individual or entity successfully registers to become an affiliate, or when an advertiser decides to participate in the affiliate program described herein and at the mingleclub.com website. Nothing in this program or affiliate agreement creates a relationship between mingleclub.com and the affiliate. Affiliate is an entity that is completely seperate and independant of mingleclub.com . mingleclub.com is free to offer this opportunity to other individuals or entities. Person or entity registering to become an affiliate declares he/she/they are fit to participate in this program as per his/her/their legal jurisdiction. Affiliate hereby applies to promote mingleclub.com as per this affiliate agreement. Affiliate will not promote mingleclub.com through illegal means. Affiliate will not promote mingleclub.com through the use of Spam (mass unsolicited messaging via any means including, but not limited to email, newsgroups and instant messenging/messenger services). Affiliate will not promote mingleclub.com via email, newsgroups or instant messenging/messenger services. Affiliate will not offer visitors any rewards or incentives in exchange for using mingleclub.com Affiliate will not post Unique HTML code at website/s that make use of a non-english language or that targets a non-english speaking audience. Affiliate will not post Unique HTML code on website/s that are illegal or contain illegal content. Affiliate will not post Unique HTML code on website/s that are pornographic in nature. Affiliate will not post Unique HTML code on website/s that promote hate, biased values or at websites that promote anti-social behaviour. Affiliate will promote mingleclub.com in a manner that is positive. Affiliate will not benefit from any suspected fraudulent activity. Any Affiliate who indulges in fraudulent activity will be expelled from this program. Affiliate will hold mingleclub.com harmless in relation to any damage or loss affiliate may incur as a result of affiliate’s participation in this program. Affiliate agrees to fully compensate mingleclub.com for any loss or damage that mingleclub.com may incur as a result of affiliate’s conduct. mingleclub.com offers this program on an “as is” and “as available” basis, without guarantees of any kind. mingleclub.com does not guarantee this program will be fit or suitable for any purpose. mingleclub.com reserves the right to expel any affiliate from this program, without prior notice, if mingleclub.com believes the affiliate has breached any provisions of this agreement. mingleclub.com’s failure to enforce a particular term or condition herein does not constitute a waiver of the same. Either mingleclub.com or affiliate may terminate this agreement at any time by providing written notice to the other party. The revenue sharing program and/or affiliate agreement described herein and at the mingleclub.com website may change at any time. Changes will be posted at the mingleclub.com website. All affiliates will immediately be subject to any revenue sharing program and/or affiliate agreement change. If it is determined by a court of competent jurisdiction that any provision contained in this agreement is illegal or unenforceable, such determination shall solely affect the subject illegal or unenforceable provision and shall not affect the validity or enforceability of the remaining provisions in this agreement. This agreement supersedes any and all negotiations, understandings or agreements, whether written or verbal, between the parties hereto concerning the subject matter hereof. This agreement may not be changed nor modified, nor may any provision hereof be waived, except in writing by mingleclub.com This agreement shall be governed by and construed in accordance with the laws of Canberra ACT Australia. Advertiser hereby submits to the Jurisdiction of Canberra ACT Australia law. Date of original agreement draft: 8th April 2004. Last modified: not applicable Please direct questions regarding this agreement to affiliate@mingleclub.com |