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FunWares Affiliate Service Agreement

 

THIS IS A BINDING CONTRACT.  Please carefully read this Agreement below before registering.

 

This Affiliate Service Agreement (the "Agreement") is made by and between Blaze Networks LLC., dba FunWares, db@ FunWares.com (“FunWares”) and you, as an Affiliate advertiser of FunWares products ("you", "your", "Affiliate", or "Affiliate Member"). 

 

By clicking the link “I agree to the Service Agreement” you agree to be bound by all the terms of this Agreement.  If you do not agree to the terms of this Agreement, you may not become an Affiliate of Blaze Networks.

 

THE SERVICE.   FunWares is offering this service to eligible parties who wish to become an Affiliate of FunWares and promote FunWares products pursuant to the terms of this Agreement.  As an Affiliate Member of FunWares you will be establishing revenue sharing arrangements with FunWares.  In sum, you will place FunWares-approved and/or provided banners or links on your website(s) or elsewhere as allowed by this Agreement.  The banners or links will contain tracking codes to your Account.  You will then receive a commission on all sales generated by your banners or links.

 

REGISTRATION; ELIGIBILITY.  To be eligible to become an authorized Affiliate of FunWares (the “Service”), you must provide information satisfactory to FunWares, in its sole discretion, that you are at least 21 years of age.  You represent that all information you provide on the Affiliate registration form is true and accurate.  Misrepresentation of any information requested on the form is grounds for immediate termination of this agreement by FunWares.

 

You must have a fully functional and operational website to be eligible for registration as an Affiliate.  During registration, you must disclose each website on which you will or intend to place Affiliate advertising.   Your website(s) are subject to approval by FunWares before it will accept your application, although FunWares is not obligated to affirmatively approve your website.

 

FunWares reserves the right to reject an Affiliate application at any time, for any or no reason. You agree that you have read the documentation for the Service and understand its features and rules.

As part of the registration process, you will select an email and password combination that you will use to access your Affiliate Member area within the Service. You shall provide FunWares with accurate, complete and updated registration information.  You are responsible for promptly updating your registration information if it changes.

 

USE OF YOUR ACCOUNT.   You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your Account, including use of the account by a third party authorized by you to use Your Account.  You shall notify FunWares by email at affiliateprogram@funwares.com of any known or suspected unauthorized uses of your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your email and password.  Any fraudulent, abusive or otherwise illegal activity by you or any party using you account, with or without your consent, may be grounds for termination by FunWares and referral to the appropriate law enforcement agencies.



ADVERTISING AND LINK PLACEMENT.  You may place and remove Affiliate ads and links on your approved websites, in email messages at your discretion (subject to the prohibitions below).  All other placements are subject to approval by FunWares.

 

PROHIBITED ACTIVITIES AND WEBSITES.   You shall remain solely responsible for the content of your website(s).  You may not utilize any website for Affiliate advertising that promotes hatred, violence, bigotry, or any illegal activity, or which incites any illegal activity.  Your website(s) may not promote or advertise prostitution, sex for hire, escort services, or any similar activity that is or may be construed as illegal.  Your website(s) may not contain content that is defamatory, libelous, or otherwise objectionable.

Your website(s) may not contain excessive pop-up or pop-under windows, unclosable windows, or other "hard sell” techniques; “black hat” advertising or SEO (search engine optimization) techniques; sites that use spyware, malware, or similar software; or that contain viruses, Trojans, or any similar harmful code or access thereto.

 

You may not utilize your membership to send spam or engage in any activity that could reasonably be construed as a violation of the CAN-SPAM act or of any other State of Federal laws.

 

You may not place banners or links on newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc., or use the banners in any fashion that does not provide a direct link to FunWares’ site, or via a linking method that is not provided to you by FunWares.

 

As an Affiliate Member, you may not artificially inflate traffic counts to Blaze Networks LLC. dba FunWares site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on your own banners and/or links or submit multiple leads to your FunWares partners. You may not buy FunWares’ trademarked name in any pay-per-click campaign. Any Link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales to the related FunWares for that link. Points or reward programs for pay-per-click or pay-per-lead programs are not allowed unless specifically approved by the FunWares.

 

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.  You agree and covenant that you, through your FunWares-approved website(s) and all content therein, obey the law and respect the intellectual property rights of others. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you place on your own website(s) or that is provided or transmitted using your websites. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

 

PAYMENT OF AFFILIATE COMMISSIONS.   You will receive a commission for sending FunWares authorized sales via your links.  The amount of commission varies, and you will be advised of current the commission rate(s) at the time of registration.  Generally, the commission is 15% to 20% of the amount of the sale generated by your links, but this number is provided only as an example, not as the amount of commission to which you will be entitled.  FunWares may change the amount of commission available for products at any time in its sole discretion, and will promptly notify you of any such change.  You shall otherwise be responsible for reviewing your Account to determine if the commission amount has been changed or discontinued.

 

FunWares shall pay commissions to you automatically on a monthly basis if the commission is $25 or more.  Commissions of less that $25 are credited to your account and carried over to the following month until the payable commission reaches at least $25.  Commissions credited to your account do not accrue interest.


In the event of a chargeback by the purchasing customer, FunWares may recover from you the corresponding commission previously credited to your account. The Chargeback Commission will be immediately deducted from your Account balance. In the event that your Account balance is less than the Chargeback Commission, the Chargeback Commission will be deducted against your future earnings.

 

MODIFICATIONS OF THE SERVICE .  FunWares may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time.  In the event of any material modification of the Service, FunWares will notify You via email, newsletter or the FunWares website at least 14 days prior to any such changes taking effect, at which time You may either accept such changes or withdraw from the Service.



 

TERMINATION.  You may terminate your account with us at any time on written notice. Please, email to affiliateprogram@funwares.com to arrange the final payout of the commissions.  FunWares may terminate your account at any time, for any or no reason, in its sole discretion.

 

FUNWARES RESERVES THE RIGHT TO DEEM ANY AFFILIATE WEBSITE, OR ANY ACT OF AN AFFILIATE MEMBER, INAPPROPRIATE,  AND TERMINATE THE SITE AND/OR THE AFFILIATE MEMBER AS A MEMBER OF THE FUNWARES AFFILIATE PROGRAM.  If you are terminated from the Service for breach of the terms of this agreement FunWares has the right to withhold money you earned within the Service to the extent allowed by law, and has the right to bar you for re-joining the FunWares Affiliate Program.

 

NON-DISCLOSURE AGREEMENT; PRIVACY.   Each party agrees that it will be sharing with the other information that is, or could be considered confidential (“Confidential Information”), and promises not to disclose Confidential Information including personal or business information to third parties without the express written permission of the other party.

 

FunWares will not sell your name, email address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such.
If you have any questions about your privacy rights, or would like further information regarding the confidentiality of Your interactions with FunWares, contact affiliateprogram@funwares.com

 

LIMITED WARRANTY.    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLAZE NETWORKS LLC. DBA FUNWARES DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, BLAZE NETWORKS LLC. DBA FUNWARES SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

FunWares will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold FunWares liable for any of the consequences of such interruptions.

 

LIMITATION OF LIABILITY.  BLAZE NETWORKS LLC. DBA FUNWARES SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BLAZE NETWORKS LLC. DBA FUNWARES SHALL HAVE NO LIABILITY WITH RESPECT TO BLAZE NETWORKS LLC. DBA FUNWARES OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BLAZE NETWORKS LLC. DBA FUNWARES HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BLAZE NETWORKS LLC. DBA FUNWARES HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY BLAZE NETWORKS LLC. DBA FUNWARES AS A DIRECT RESULT OF THIS AGREEMENT.



FUNWARES OR ITS SUPPLIERS OR RESELLERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BLAZE NETWORKS LLC. DBA FUNWARES'S  SERVICE OR ANY INFORMATION PROVIDED ON THE BLAZE NETWORKS LLC. DBA FUNWARES'S  WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BLAZE NETWORKS LLC. DBA FUNWARES OR A BLAZE NETWORKS LLC. DBA FUNWARES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BLAZE NETWORKS LLC. DBA FUNWARES'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

OWNERSHIP AND LICENSES.   You, the Affiliate, are granted a non-exclusive, limited, revocable right to use trademarks and banners and other images and information provided to you by BLAZE NETWORKS LLC. dba FunWares. All images, technology and content provided for your use is and shall remain the sole property of the BLAZE NETWORKS LLC. dba FunWares, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the BLAZE NETWORKS LLC. dba FunWares' sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way.



You shall use the marks exactly in conformance with the FunWares' trademark usage policies as communicated to you from time to time. FunWares may immediately terminate your license to use the marks if FunWares reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by the FunWares above. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the FunWares' ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of FunWares.

 

INTERNATIONAL AND U.S. USE.  Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.  The Site is based in the State of California, USA.  FunWares makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as FunWares's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. INDEMNITY. You agree to indemnify FunWares for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless FunWares, its partners, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your advertising activities, any and all content placed on your website(s), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. FunWares will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. ENTIRE AGREEMENT.  This Agreement represents the complete agreement between the parties and may be amended only by a writing executed by both parties. NO ASSIGNMENT. You may not assign this Agreement or any of the rights granted by FunWares hereunder, in whole or in part, without the prior written consent of FunWares, and any attempt to do so shall be void. This Agreement is binding on and shall inure to the benefit of the parties and their respective successors and permitted assigns. ACKNOWLEDGEMENT AND EXCLUSIVITY. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FUNWARES, AND THAT IT SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR UNDERSTANDING, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND FUNWARES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE CHANGED, ALTERED, OR MODIFIED EXCEPT BY A WRITING SIGNED BY THE PARTIES.

 



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