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Affiliates AGREEMENT
1. DEFINITIONS
For purposes of this Agreement, the following terms will have the indicated meanings:
Search Box: The SearchPixie.com graphical element containing the SearchPixie.com Logo, in which users enter search queries in order to receive Search Results, as depicted.
Search Results: All Web pages displaying SearchPixie.com's search results, as depicted , including one or more of the SearchPixie.com Marks, in a manner and format determined by SearchPixie.com in its sole discretion.
Affiliate: The name of the company or individual or other corporate entity provided in the registration form.
Affiliate's Web Site: The pages of Affiliate, as indicated in Affiliate's registration form "URL of Site."
Click-Through: When a user of Affiliate's Web Site clicks the link to an advertisers site and a valid search request is received at the Search Engine. Incentivized clicks or non-human generated clicks are not allowed in any form.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, SearchPixie.com grants to Affiliate a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable royalty-free license during the term of this Agreement to place a Search Box(es) and display the Search Results on Affiliate's Web Site; and display the SearchPixie.com Marks solely in connection with the exercise of Affiliate 's rights under this Agreement.
Affiliate shall apply, use, and reproduce at least one of the Search Boxes, in the size, place, and manner SearchPixie.com may indicate from time to time, on Affiliate 's Web Site. Affiliate shall display such Search Boxes and Search Results and SearchPixie.com Marks only in a manner that complies in all material respects with SearchPixie.com's policies in effect from time to time, and with the SearchPixie.com Usage Guidelines, and as modified from time to time by SearchPixie.com in its sole discretion.
Affiliate acknowledges that all right, title and interest in the Search Box(es), Search Results and the SearchPixie.com Marks are exclusively owned by SearchPixie.com and/or its licensors, and that no right other than the limited license granted herein is provided to Affiliate. Affiliate shall not assert copyright ownership or other intellectual property ownership or other proprietary rights in the Search Box(s), Search Results or the SearchPixie.com Marks, or in any element, derivation, adaptation variation or name thereof.
3. SearchPixie.com Responsibility
SearchPixie.com shall provide Affiliate with a Search Box(es) that will enable a user of Affiliate's Web Site to type in a search query that will produce the Search Results. SearchPixie.com shall provide the Search Results on Affiliates's Web Site in a manner and format determined by SearchPixie.com in its sole discretion
SearchPixie.com will provide Affiliate with a username and password to access an on-line tool to view information about the number of clicks that were generated from an Affiliate’s web site and the associated commission earned. Affiliate understands and agrees that SearchPixie.com.com pays commissions based only on clicks, or advertiser site visits, AND THAT THE NUMBER OF SEARCH REQUESTS GENERATED MAY NOT BE THE SAME AS THE NUMBER OF ACTUAL CLICKS.
4. Affiliates Responsibility
Affiliate shall enable users of Affiliate's Web Site to enter search queries at a Search Box(s)
Affiliate must be an active member to get your weekly commission from us.
Affiliates must have an on-site e-mail address, no free yahoo hotmail or other free e-mail acounts allowed
webmasters from following countries will not be allowed to use our affiliate program, and will be removed immediately China, Hong Kong
Payments are made to VERIFIED paypal members only
Any attempt to assume anybody else's personality will result in immediate cancellation of your account
We will track all Affiliate’s referrals and their commission. SearchPixie.com will have full authority to make final decision in this regard.
Affiliate will not change the Search Box(es), Search Results or the SearchPixie.com Marks or any other material that may be licensed to Affiliate without SearchPixie.com's prior written approval.
Affiliate agrees that It is Affiliate's responsibility to install the Search Box provided to Affiliate as part of this agreement according to the specific instructions provided by SearchPixie.com. SearchPixie.com will not be liable for the failure of Affiliate to implement correctly the Integrated Search Program.
Affiliate shall not solicit any SearchPixie.com advertiser or client without the prior written approval of SearchPixie.com.
Affiliate agrees that it is solely responsible for the development, maintenance and operation of Affiliate's Web Site and for all materials and content that appears on Affiliate's Web Site. Any website that offers rewards in any form to users for clicking on links or visiting websites are not eligible to join our programs. No Incentive Searchers !!!
Affiliate may not reference SearchPixie.com in any way without first receiving written consent from SearchPixie.com
5. Compensation
SearchPixie.com will only pay any commission, referral income and bonus money if we are successful in getting advertisement. We are not liable to pay any Affiliate without getting paid by advertisers. Commissions are directly related to the advertising revenue generated by SearchPixie.com
Affiliate’s commissions shall be paid by Paypal. We may add new mode of payments in future.
Refusal by an advertiser to pay for a search will result in the cancellation of Affiliate’s commission.
Affiliates will be paid 65% of our income for searches made using SearchPixie.com from their sites.
SearchPixie.com will forfeit any cash balance in the Affiliate account without prior notice if affiliate is found cheating, using automated click programs or sending incentive traffic using paid e-mail or paid to surf programs
6. Limitation of SearchPixie.com’s Liability
In no event shall SearchPixie.com’s liability arising out of this Agreement exceed the net amount payable to Affiliate under this Agreement during the three (3) months prior to the date of such cause. SearchPixie.com shall not be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, or any other cause that is beyond the reasonable control of SearchPixie.com.
7. Changes to Agreement
SearchPixie.com may change this Agreement at any time upon publishing a notice in SearchPixie.com. Any use of the Intellectual Property after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications.
8. Relationship of Parties
This Agreement shall not be construed to create a joint venture or partnership between the parties. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
9. Miscellaneous
The term of this Agreement (the "Term") shall commence on the date Affiliate agrees to the terms and conditions of this Agreement and shall continue in force for a period of one-year thereafter, unless earlier terminated as provided herein. This Agreement will renew automatically for successive one-year periods until expiration of the commercial usefulness of the Search Results, until either party gives written notice to the other party of its intent not to renew no less than thirty (30) days prior to the end of the previous one-year period, or until terminated.
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