Power Top - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	To be an authorized affiliate of Power Top (DBA powertop.com), you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Power Top (DBA powertop.com) service as an affiliate. By signing up for the Power Top (DBA powertop.com) affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This Affiliate Terms and Conditions Agreement (the "Agreement") is a legally binding agreement between you ("Affiliate" or "You") and powertop.com, Inc. ("powertop.com" or "We") and is effective on the date You accept the terms and conditions of this Agreement as set forth herein. (the "Effective Date"). BY CLICKING ON THE "ACCEPT" BUTTON AND/OR PARTICIPATING IN THE powertop.com AFFILIATE PROGRAM (THE "AFFILIATE PROGRAM") THROUGH IDev Affiliate ("IDev"), YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT CLICK THE "ACCEPT" BUTTON OR PARTICIPATE IN THE AFFILIATE PROGRAM. 1. Eligibility. To be eligible to be a powertop.com Affiliate, You must operate a website that has been approved by powertop.com, and Your website must not and, during the term of this Agreement, shall not, as determined by powertop.com in its sole discretion: (a) infringe on powertop.com’s, powertop.com International, Inc.’s or any other third party's intellectual property, publicity, or privacy rights; (b) violate any law or regulation; (c) contain any false or misleading information; (d) operate or utilize a website or e-mail link to websites that contain or promote, any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, content targeted at children, or the offer of any illegal good or service, or link to a website(s) that do so; (e) promote discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (f) engage in spamming, indiscriminate advertising or unsolicited commercial e-mail and/or be based outside of the United States; and/or (g) engage in any illegal activity of any type, including but not limited to displaying illegal content on Your website or offering any illegal good or service through Your website. You remain solely responsible for all content on Your website. 2. True and Complete Information. Affiliate represents and warrants that all information that it provided in connection with becoming an Affiliate of powertop.com is true and complete. If powertop.com determines or has reason to believe, that any information provided by Affiliate is not true and/or complete, Affiliate shall indemnify powertop.com in accordance with Section 13 below and powertop.com may immediately terminate Affiliate's participation with respect to the powertop.com website if such breach also constitutes a breach of Section 1 above. 3. Content Usage Restrictions. Affiliate represents and warrants that it shall not, except as specifically provided for pursuant to the Affiliate Program: (i) copy or display any powertop.com Content (as hereinafter defined); (ii) modify, adapt, translate or create derivative works based on the powertop.com Content; (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the powertop.com Content; (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person any right or interest in the powertop.com Content; (v) buy or bid on any of the powertop.com trademarks, or variations of the trademarks, on any search engine or site; or (vi) take any action which may cause deception, confusion or otherwise blurs, tarnishes or dilutes the quality of the powertop.com Content or the powertop.com trademarks or other intellectual property or the goodwill associated therewith, all as shall be determined by powertop.com. For any search functionality on Affiliate’s site using the powertop.com trademarks, (a) powertop.com Links must always appear at the top of the list, (b) any Link that contains powertop.com in the title must connect the user directly back to the powertop.com website, and (c) such Link must be supplied to You by powertop.com. Affiliate agrees to use the powertop.com Content exactly in the form provided to Affiliate pursuant to the Affiliate Program. Upon termination of this Agreement, for any reason, Affiliate shall immediately cease using, displaying or otherwise maintaining any interest in the powertop.com Content. For purposes of this Agreement "powertop.com Content" means any and all trademarks, service marks, logos and other content which powertop.com makes available to Affiliate in connection with the Affiliate Program, including, but not limited to, banners, buttons, or other display advertisements created and furnished by powertop.com. Such powertop.com Content may be owned by powertop.com or licensed to powertop.com by a third party, including powertop.com International, Inc. 4. Links to powertop.com Website. You may not place powertop.com Content, or Internet connections ("Links") to the powertop.com website or website content: in newsgroups, message boards, chatrooms, blogs or similar forums (collectively, "Forums"); in pop-up, pop-under or similar ads delivered by third-party software applications; in unsolicited e-mail or other types of spam, banner networks, counters, guestbooks, IRC channels or through similar Internet resources; on web pages that also provide or feature Forums; or in e-mails, newsletters or anywhere other than on Your website; and you may not embed or include such powertop.com Content or Links in third-party software applications, in each case unless you receive powertop.com’s prior written permission. You must place Links to the powertop.com website or website content such that it is unlikely that the Links will mislead the visitor, and such that it is reasonably likely that the Links will deliver bona fide transactions by the visitor to powertop.com from the Link. You shall not cause any transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, hidden frames, JavaScript popup windows, redirects or clicking on Links that You place to powertop.com. You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for transactions, or that allows third parties ("Sub-Affiliates") to place powertop.com Content or powertop.com's Links on their websites or in their e-mails or other advertisements, unless You receive powertop.com's prior written permission which will be verified by IDev. You shall be responsible for ensuring that each Sub-Affiliate meets IDev's eligibility requirements (as established from time to time), is bound by and complies with Affiliate duties (and where stated Sub-Affiliate duties) as specified in this Agreement, and for payment of payouts due to Sub-Affiliate that shall accrue. You shall indemnify powertop.com and IDev for all acts of Your Sub-Affiliates without limitation. 5. Property Ownership Rights. Affiliate agrees and acknowledges that powertop.com retains all rights, title and interest in and to all property rights embodied in or associated with the powertop.com Content. Affiliate represents and warrants that it will not take any action or assist any third party to take action challenging, contesting or otherwise inconsistent with powertop.com's ownership of the powertop.com Content and any goodwill and benefits accruing from the use of such powertop.com Content will automatically vest in powertop.com. 6. Operation and Maintenance of the powertop.com Web Site. Affiliate acknowledges and agrees that powertop.com may accept or reject, in its sole and absolute discretion, all subscriptions from customers placed on or through the powertop.com website. Affiliate further acknowledges and agrees that (i) it does not have any authority to make or accept any offer or commitment on behalf of powertop.com, (ii) powertop.com cannot, and does not, guarantee the availability and accessibility of the powertop.com website, and (iii) powertop.com is solely responsible for all pricing, subscription processing, online fulfillment, cancellation, refunds and all other aspects of the powertop.com website and its products. All personal information obtained from customers on the website shall be the exclusive property of powertop.com. 7. Privacy Policy. You must maintain a privacy policy which shall clearly and accurately describe the information collection and use practices of Your website, including but not limited to, the type of information collected, how the information is collected and used, and with whom the information is shared. You will also describe any information that is collected on Your website by any third party, including IDev. Your website must have a prominent link to Your privacy policy which You hereby represent is, and shall remain for the term of this Agreement, consistent with best practices in the industry. 8. Public Announcement. You may not mention powertop.com in a press release or other public statement (other than the Advertisements) unless You have received prior written approval from powertop.com. 9. Representations and Warranties. You hereby represent and warrant to powertop.com that: (i) You have duly and validly executed this Agreement and it constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms; (ii) the execution, delivery, and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (a) any provision of law, rule, or regulation to which You are subject, (b) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (c) any provision of Your by-laws or certificate of incorporation if applicable, or (d) any agreement or other instrument applicable to You or binding upon Your assets or properties; (iii) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby; and (v) there is no pending or material threatened claim, action, or proceeding against You, or any subsidiary or Affiliate of Yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to Your trademarks, and there is no basis for any such claim, action, or proceeding. 10. Payments. powertop.com agrees to pay to Affiliate the flat fee amount set forth on the Publisher Application Page of the IDev website, which fee may be changed from time to time by powertop.com by posting a different amount on the Publisher Application Page of the IDev website and by providing seven (7) days notice for a decrease in the fee amount, for each successful execution or billing of a paid subscription (excluding execution or billing of automatic renewal or other recurring billing of a subscription) to the powertop.com eTools product or the powertop.com Online product purchased by any Affiliate end user who (a) Clicks on a Link and subsequently subscribes to the powertop.com eTools or powertop.com Online product no later than fourteen (14) days after such Click (as such time period may be adjusted by powertop.com from time to time), (b) has not clicked on a hypertext link to the powertop.com website from another website operated by powertop.com, another affiliate or any other third party after last Clicking on Your Link during such fourteen (14) day period, and (c) has not, within the six (6) months prior to such end user’s last Click on Your Link, been a subscriber to the powertop.com eTools product or the powertop.com Online product. For purposes of this Agreement, "Clicks" means the occurrence of an end user clicking on a Link. powertop.com shall not pay Affiliate for any transactions made directly by Affiliate or its agents using its own Links. 11. Responsibility for Affiliate URLs. Affiliate will be solely responsible for the development, operation, and maintenance of all URLs that are linked to the powertop.com website and for all materials that appear on such URLs. The Affiliate acknowledges and agrees that it shall be responsible for complying with the terms hereof and the terms of its agreement(s) with IDev. 12. No Joint and Several Liability. Affiliate acknowledges and agrees that neither powertop.com, its subsidiaries, parents, other affiliates, directors, officers, employees, agents, successors or assigns (collectively, the "powertop.com Parties"), shall be liable to any party, including Affiliate, for any claim, liability, suit, action, judgment, loss, costs, expenses or other damages related to or in connection with the Affiliate website(s) and/or any content or other information displayed or contained thereon, including but not limited to, claims of infringement. Without limiting the generality of the proceeding sentence, Affiliate acknowledges and agrees that, notwithstanding any provision in any agreement between IDev and Affiliate to the contrary, including but not limited to any provision imposing joint and several liability on powertop.com, none of the powertop.com Parties shall be liable to Affiliate or any of its subsidiaries, parents, other affiliates, directors, officers, employees, agents, successors or assigns for any claims for indemnification, contribution or otherwise. 13. Affiliate Indemnification. Affiliate, at its own expense, shall indemnify, defend and hold harmless, powertop.com against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including, without limitation, reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of Affiliate's representations and warranties hereunder, (ii) the failure to comply with or perform any obligation or agreement of Affiliate hereunder, or (iii) the Affiliate's website(s) and/or any content or other materials displayed or contained thereon, including, but not limited to, claims of infringement.
	I have read, understand and agree to the above terms and conditions.

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