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TERMS OF AGREEMENT FOR
AFFILIATES
The following are terms
and conditions for participating in the Real Estate Fortunes.com
Affiliate Program. "Affiliate" refers to you, and "Real Estate
Fortunes.com" refers to Real Estate Fortunes.com and its
corresponding entities.
Real Estate Fortunes.com reserves the right to amend this agreement
as needed from time to time, and Affiliate agrees that any such
amendment will apply to Affiliate. The continuation of Affiliate
status or Affiliate's acceptance of income or bonuses shall
constitute Affiliate's acceptance of any and all amendments.
1. Affiliate represents
and warrants that he or she is of the legal age of consent in all
applicable jurisdictions or countries and, in any event, is at least
18 years of age.
2. Affiliate will not engage in any SPAM of any kind, nor will
Affiliate engage in any unauthorized message board, messenger
service or other online posting. Real Estate Fortunes.com also
considers ANY type of advertisement about Real Estate Fortunes.com
posted to a newsgroup or chat room to be SPAM. For the purpose of
this agreement , SPAM is defined as e-mailing ANYONE, in bulk or by
single mailing, about Real Estate Fortunes.com, who has not
specifically requested the information directly from Affiliate.
"Unsolicited" and "Unauthorized" are defined as any solicitation not
expressly requested or warranted by any organization or site
mentioned above. Use of SPAM may result in the immediate suspension
or termination of Affiliate account. Affiliate will also be in
violation of the Real Estate Fortunes.com Affiliate Agreement and
subject to legal action and be held liable for any financial loss
incurred by Real Estate Fortunes.com.
3. Affiliate will not engage in any advertising utilizing spyware or
adware of any kind. This includes "permission" based adware
software, used exclusively for the delivery of popup or related ads.
In the event that you have an application that delivers
advertisements, express permission must be granted in writing from
Real Estate Fortunes.com to allow any promotion. Affiliate will also
not attempt to "bundle" Noadware from Real Estate Fortunes.com with
any other software, regardless of user permission or otherwise,
unless expressly permitted to do so in writing by Real Estate
Fortunes.com. Real Estate Fortunes.com has no past or existing
"bundling" arrangement of any kind, so Affiliate shall not bundle
Real Estate Fortunes.com software with any other unless expressly
permitted in writing to do so by Real Estate Fortunes.com.
4. Affiliate will not engage in any browser hijacking of any kind,
or any other interference with the normal functioning of a potential
website visitor's computer. This could include starting any
process(es) not expressly started by potential website visitor,
including opening of a CD rom, or any other program or application.
In keeping with this, Affiliate is directly responsible to be in
full compliance with all pertinent law and the following two laws
specifically: HR2929, the Securely Protect Yourself Against Cyber
Trespass Act, and HR4661, the Internet Spyware Prevention Act of
2004.
5. Affiliate will not intentionally mislead any potential website
visitor to believe that a Real Estate Fortunes.com product is any
other product. This could include website content, or ads run on any
search engine. Affiliate will not use any product name in context of
advertising which could be misunderstood to be a Real Estate
Fortunes.com product, and therefore be misleading to the potential
website visitor.
6. Affiliate will not use advertising which is directly false or
misleading. 1
7. Affiliate agrees to assume sole responsibility for compliance
with all applicable intellectual property laws and all other
federal, state and international laws. In the event that Real Estate
Fortunes.com should receive any notification of claimed infringement
by Affiliate, Affiliate agrees to cooperate with Real Estate
Fortunes.com in expeditiously responding to such notification and
resolving any claim of infringement. In the event that an affiliate
is unresponsive or unwilling to assist, Real Estate Fortunes.com
will take any and all measures to prevent Affiliate from further
involvement in our program, and will further cooperate in any law
enforcement action as a result of said Affiliate's actions.
8. Affiliate will be directly responsible for all tax liabilities,
including without limitation, liabilities to any agency with respect
to any earnings or payments made as a result of affiliate's
promotion of Real Estate Fortunes.com. Affiliate further agrees to
indemnify and reimburse Real Estate Fortunes.com in the event of any
claim for assessment by any foreign, United States federal, state,
and/or local taxing authority.
9. Affiliate agrees that a Real Estate Fortunes.com Affiliate is an
independent contractor and not an employee, agent, partner, legal
representative, or franchisee of Real Estate Fortunes.com. Affiliate
further agrees not to incur any debt, expense, obligation on behalf
of, for, or in the name of Real Estate Fortunes.com.
10. All Affiliate applications are subject to approval by Real
Estate Fortunes.com
11. Affiliate agrees to receive Real Estate Fortunes.com e-mail,
including but not restricted to sales reports, training, plus
messages from Affiliate's Team Leader and/or Group Leader.
12. Affiliate agrees to present Real Estate Fortunes.com products
and services as set forth at the official Real Estate Fortunes.com
Website. Affiliate will make no claims regarding products or
services beyond what is stated at the official Real Estate
Fortunes.com Website.
13. Real Estate Fortunes.com is not responsible for technical
problems, acts by third parties, or other events outside our
reasonable control which may temporarily disrupt or diminish
service.
14. Real Estate Fortunes.com reserves all rights in or to its
trademarks and servicemarks but may be used by Affiliate in
accordance with this agreement. Affiliate may in no way display a
Real Estate Fortunes.com logo, image, or trademark which may be
distasteful, defame, or misrepresent Real Estate Fortunes.com.
15. Affiliate may not assign rights or delegate duties under this
Agreement without the prior written consent of Real Estate
Fortunes.com. Upon request, Real Estate Fortunes.com will provide
Affiliate with guidelines for the sale, transfer, or assignment of
Affiliate's Real Estate Fortunes.com business.
16. Affiliate agrees not to present others' creative works-in full
or in part-as his or her own nor engage in violation of copyright
agreements for any reason. Such violations could result in
suspension or termination of membership.
17. Real Estate Fortunes.com makes no warranties expressed or
implied with regard to Affiliate Program except as outlined in this
Agreement.
18. In the event that a provision of this Agreement is held to be
invalid or unenforceable, such provision shall be reformed only to
the extent necessary to make it enforceable, and the balance of the
Agreement will remain in full force and effect.
19. Real Estate Fortunes.com shall not be held liable for any
indirect, incidental, special, or consequential damages or any loss
of revenue or profits arising under or with respect to this
Agreement or program, even if Real Estate Fortunes.com has been
advised of the possibility of such damages. Real Estate Fortunes.com
aggregate liability arising under or with respect to this agreement
or the program shall in no event exceed the amounts paid or payable
by Real Estate Fortunes.com under this agreement.
20. Both Real Estate Fortunes.com and the Affiliate reserve the
right to terminate this agreement at any time. The term of this
Agreement shall be for a period of one year from the date hereof and
shall automatically renew upon each anniversary without further act
of the parties unless either party has terminated this Agreement by
written notice to the other.
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