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 firstname.lastname@example.org 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.
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.
TERMINATION. You may terminate your account with us at any time on written notice. Please, email to email@example.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 firstname.lastname@example.org.
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.