GiveProfit.com Partner Contract

The GiveProfit.com Partner Contract is the contract between the Company (GiveProfit.com, LLC) and the GiveProfit.com Partner ("you").

1. You agree that Massachusetts law, excluding conflict of laws principles, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Springfield, Massachusetts. You consent to the exclusive jurisdiction of such courts.
   
   
2. You agree to assume full responsibility for your decision to use GiveProfit.com affiliated services. The Company offers the GiveProfit.com service "as is" and disclaims any implied warranties including for merchantability, fitness for a particular purpose, and non-infringement.
   
   
3. You agree that in no event will the Company be liable to you for any special, incidental or consequential damages.
   
   
4. You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your Agent Resource Site. Furthermore, you agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
   
   
5. You agree to be bound by all of the terms and conditions set forth at the GiveProfit.com web site, including but not limited to the GiveProfit.com Accounting Policy, the GiveProfit.com Privacy Policy, the GiveProfit.com DMCA Notice, the GiveProfit.com Security Policy, the GiveProfit.com Legal Notice, all of which are incorporated herein by reference.
   
   
6. If you promote products listed by GiveProfit.com, then:
• You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with GiveProfit’s Broker Partner policies.
• You agree to make no such promotions that involve unlicensed use of materials protected by copyright or trademark law.
• You agree that you will not engage in activities that interfere with our tracking of fees, or with the normal flow of traffic from affiliates.
• You agree that all such promotions will be fully compliant with federal and state laws, including US federal and state laws regarding network abuse, unsolicited messaging, and FTC Advertising Rules and Disclosure Rules.
  
  
7. If you send (or cause to be sent) messages by electronic means (including but not limited to email, and instant messages) in connection with the direct or indirect promotion of  products, then you represent and warrant the following:
• No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from you or your company.
• No such message will be sent to any individual who has explicitly requested to receive no further messages from you or your company.
• No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message.
• All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message.
• No such message will include any incomplete, invalid, misleading, fake, or forged message headers.
• All such messages will include complete, valid, and accurate message headers indicating the origin of the message.
• No such message will be delivered in conjunction with the use of mousetraps, such as windows that reappear, spawn new windows or otherwise resist being closed.
• No such message will be delivered via means that exploit documented or undocumented security holes on any client or server machine.
• All such messages by email will include clear, valid, and conspicuously displayed From, Subject, Removal or Opt-Out information, and a functioning return address (or hyperlink) that 1) enables the recipient to submit a request to receive no further messages from you; and 2) remains capable of receiving such requests for no less than 30 days from the date the message was sent.
• No such message will be sent to an address that was obtained via 1) automated means from an Internet website or proprietary online service operated by another party; 2) generation of possible addresses by combining names, letters, or numbers into numerous permutations; or 3) spyware, viruses, or other means of bypassing system security or invading consumer privacy.
• No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
• No such message will be sent, relayed, or transmitted by a protected computer or network that was accessed without authorization.
• No such message will include any fraudulent, deceptive, false or misleading information.
• All such messages will be in full compliance with federal and state laws and regulations governing commercial electronic mail, electronic messaging, and advertising.
  
  
8. If you market a product through the GiveProfit.com Network, then:
• You agree that GiveProfit.com may make it available for purchase by retail consumers.
• You understand that you establish the final retail price of that product and the fee offered to Broker Partners in this network.
• You understand that GiveProfit.com may delist any Business Partner from its catalog at any time, without cause or notice.
• You agree to provide GiveProfit.com with a valid technical support email address for your product, to which paying customers and GiveProfit.com staff can send inquiries and receive a non-automated reply by end of the following business day.
• You agree to provide customers with appropriate technical support pages for your product. These pages must be written in English, and hosted at your own web site.
  
  
9. You understand that the Company may temporarily hold or permanently seize all funds in your GiveProfit.com account if we determine that your account is associated with:
• Illegal activity, or
• Flagrant disregard for GiveProfit.com rules, or
• Lawsuits directed at the Company or its employees, or
• Legal threats, abusive language, harassment, or other antisocial behavior directed at the Company, its employees, or their families.
  
  
10. You understand that the Company may temporarily hold any portion of the funds in your GiveProfit.com account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness you may incur with the Company.
    
    
11. You understand that the Company may freely assign or otherwise transfer any or all of the rights and obligations described under the GiveProfit.com Partner Contract without your consent and without notice to you.
    
    
12. You understand that the Company reserves the right to modify the GiveProfit.com Partner Contract at any time.