INTRODUCTION
This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. By using GlobalNPN / WebShooter Multimedia Ltd., you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
PROGRAM PARTICIPATION
To participate in our program, you need to submit a complete Affiliate application via our site. We reserve, however, the right to reject your application or terminate this agreement any time upon written notification to you.
Use of the site
The Site allows GlobalNPN / WebShooter Multimedia Ltd. to post offers of advertising programs sponsored by GlobalNPN / WebShooter Multimedia Ltd. or its affiliates on the system. The Programs will specify the amount and terms under which Publisher will receive payment when the applicable Program\'s requirements are fulfilled. Compensation is derived from a specified event identified in a Program, such as clicks, click-throughs, sales, registrations, impressions and leads. The definition of the Event associated with a Program is set forth in the Program\'s specifications, and such definition shall govern. If Publisher accepts a Program, Publisher agrees to place that Program\'s advertising creative on Publishers Media, in accordance with the terms of the relevant Program and these Terms and Conditions.
Limited Right to Use & Prohibitions
The site gives you a revocable right to view, print or download of any content, video, audio, graphic, form or document from the Site which is nonexclusive and shall be use only solely for your personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. Reproduction in any form or incorporation into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use on any part of any content, graphic, form or document, shall be prohibited.
Acceptable Advertising Methods
As an affiliate, you earn revenue by generating sales/leads of our products or our affiliates products. You generate these sales/leads by encouraging web users to visit our sites. You may advertise products via: spam-compliant email, banners, text links and button links.
COMMISSION / REFERRAL FEES
Payment of commissions as per our affiliate compensation plan shall be based on the number of leads closed or sold products that you referred to us thru specified approved affiliate links. Commissions are paid on gross sales, excluding tax where applicable. Modifications and or amendments for any reason at any time to the Commission Structure of our program shall be reserve by GlobalNPN / WebShooter Multimedia Ltd. and such changes shall be posted at our web site. Your continued link to your affiliate site will be considered as acceptance of these changes. Commission amounts can go up as well as down at the company's discretion.
Commission payments are sent to our affiliates on a monthly basis, on or between the 10th and 15th day of each month, and are based on earnings during the previous calendar month. Commissions are paid to our affiliates via 3rd party processing companies chosen exclusively by GlobalNPN / WebShooter Multimedia Ltd. GlobalNPN / WebShooter Multimedia Ltd. is not responsible for the availability or terms of use of the 3rd party processing companies. If the 3rd party processing company's services become unavailable or are delayed, GlobalNPN / WebShooter Multimedia Ltd. cannot be held liable or responsible for the delay of commission payments.
Payments AND PROCESSES
Commissions paid to affiliate are based on closed leads and or sold products. The said commission will be paid within 30 days after your request if the sum of commissions exceeds the minimum transfer amount of USD 50. The bank transfer expenses are covered by the commissions to be paid to the Affiliate member. We also give you an option to use your commissions as a credit for purchasing goods and services provided by our company. If an Affiliate account is not earning commissions for 6 months we have right to terminate Affiliate membership and forfeit any unpaid commissions.
If this agreement is terminated for any reason other than infringement of this agreement commissions will be paid to the affiliate even if the commissions due at that time are less than US$50.00. If the commissions due are less than US$10.00 no payment will be made.
Term of the Agreement
This agreement shall commence from the time of our acceptance of your affiliate application and shall end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all graphics, banners, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Members and affiliates found not in compliance with the membership and affiliates Terms & Conditions will be immediately terminated without notice.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud.
FRAUDULENT ACTIVITIES are highly monitored in our site. If fraud is detected, affiliates account will be made inactive pending further investigation. The following activities may be considered as fraudulent and shall be subjected for investigations: have click-through rates that are much higher than industry averages; use fake redirects, automated software, and/or fraud to generate Events from the Programs; click programs generating clicks with no indication by site traffic; have shown fraudulent leads as determined by the Advertisers;
If Publisher fraudulently adds sales or referrals by fraudulent traffic generation as determined solely by GlobalNPN / WebShooter Multimedia Ltd., affiliate will forfeit its entire commission for all programs and its account will be terminated. If the affiliate is notified that fraudulent activities may be occurring on its Media, and affiliate fails to take prompt action to stop the fraudulent activities, then, in addition to any other remedies available to us, affiliate shall be responsible for all costs and legal fees arising from these fraudulent activities. In addition, in the event that affiliate has already received payment for fraudulent activities, GlobalNPN / WebShooter Multimedia Ltd. reserves the right to seek credit or remedy from future earnings or to demand re-imbursement from affiliate.
Chargebacks: By acknowledging that you have read these terms and conditions before signing up as a member, you are agreeing that you will not chargeback any charges to your credit card without first seeking a solution from the company via email and/or phone. If chargebacks occur on your account they will be disputed and any fees that result from your complaint will be charged to your credit card, and fraud notification along with your personal information and network information (IP Address etc.) will be delivered directly to your local law enforcement for further investigation.
Referral Chargebacks: If you refer (sponsor) a new member into the company and they reverse or chargeback any membership payments without first seeking a solution from the company, any fees or charges that result from this complaint will go against your account as their referring sponsor, and any referral commissions earned from their membership will be reversed on your membership account.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. The information, content and services on the site are provided on an as is basis. Affiliates use the site and run the programs at its own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients. All information submitted to Affiliate/Publisher by an end-user customer pursuant to a Program is proprietary information of GlobalNPN / WebShooter Multimedia Ltd., its affiliates, and/or the Advertisers. Such customer information is confidential and may not be disclosed by Publisher. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-WAIVER
Failure of the GlobalNPN / WebShooter Multimedia Ltd. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of BC, Canada, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of BC, Canada, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded from application of this agreement.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
The rights of the affiliate of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any affiliate at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
PRIVACY POLICY
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
; To personalize your experience
(your information helps us to better respond to your individual needs)
; To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
; To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
; To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
; To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
We use cookies to understand and save your preferences for future visits.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
All active users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
http://globalnpn.com
British Columbia
Canada
admin@thenpn.com
.
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© 2011 All Rights Reserved.
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WebShooter Multimedia Ltd.
The Sands, P.O. Box 1823
Bay Road and George Street Basseterre, St. Kitts