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AFFILIATE AGREEMENT
Match-Seeker is a service of Soulmades Pty Ltd (further referred as Match-Seeker). Match-Seeker's web site is
www.match-seeker.com
(further referred as 'Site').
This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Match-Seeker Affiliate Program (referred further as "Program"). As used in this Affiliate Agreement (further referred as 'Agreement'), "we" means Match-Seeker, and "you" means the applicant.
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Eligibility
To become an affiliate of Match-Seeker, you must submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we decide (at our sole discretion) that your site is unsuitable for the Program. Below is incomplete list of the sites that are deemed to be unsuitable for the Program:
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities;
Attempt to copy and/or assume the creative or business identity of Match-Seeker in any manner; and/or,
Otherwise violate intellectual property rights.
You should also note that if we accept your application and at a later stage decide (at our sole discretion) that your site is unsuitable for the Program, we may terminate this Agreement at any time.
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Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the various links to our site that will be made available to you through our Affiliate Web Site. Match-Seeker will occasionally change the appearance and type of links made available to Affiliates. Match-Seeker may change the appearance of these links and may make changes to their appearance at any time without your prior consent or notification.
To permit accurate tracking and reporting, we will provide you with a unique tracking link to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such affiliate link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such affiliate link formats are referred to as "affiliate links." You will only earn referral fees with respect to activity on our site occurring directly through affiliate links. We will not be liable to you with respect to any failure by you to use affiliate links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
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Referral Fees
We will pay you (in accordance with Sections 4 and 5 below) referral fees for sending Match-Seeker eligible members. For a product sale to be eligible to earn a referral fee, the customer must follow an affiliate link from your site to our site, fill in a complete profile and upload a photo.
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Eligible countries
Currently we pay referral fee for referring members from following countries:
Australia, United States of America, Canada, United Kingdom.
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Referral Fee Payment
Your referral fee will be paid to you once a month by the company check, once the balance exceeds USD 50.
Approximately 30 days following the end of each calendar month, we will send you a check for the referral fees earned on your referrals of eligible members to Match-Seeker. You will remit the tax(es) as required by law.
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Reports of Sales
You will be given the ability to enter a password-protected site to receive your referral statistics on a daily basis.
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Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text provided for Affiliates on the Affiliates Web Site and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. You may create your own images to promote the Program. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
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Restriction on promotional means
You are prohibited from using any means that in any way deceit the Internet user. Below is the incomplete list of methods that are prohibited to use in promoting the Program:
- unwelcome email (spam);
- crossposting;
- mousetraps;
- respawning windows.
Account using those and other deceitful techniques, determined at the sole discretion of Match-Seeker, will be suspended without notice and all the payment withheld.
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Responsibly of Affiliates
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Without limiting the foregoing, you will be solely responsible for:
- The technical operation of your site and all related equipment
- The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
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Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, for any reason, 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 Match-Seeker's trademarks, 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. We may withhold your final payment in a case of the breach of this Agreement.
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Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, effective by posting on the Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. Your continuous promotion of the Program will imply your agreement with such modification. If you disagree with such modifications, you must immediately discontinue your participation in the Program and remove and remove from your site, all links to our site, and all Match-Seeker's trademarks, 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.
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Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Match-Seeker may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.
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Limitation of Liability
Match-Seeker 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.
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Disclaimers
We make no express or implied warranties or representations with respect to the Program or any services provided through the Site (including, without limitation, warranties of usability, accuracy, timeliness, or fitness for a particular purpose). 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.
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Other rights
All rights are not granted herein are reserved.
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