Affiliate signup - Terms and conditions
This agreement ("Agreement"), between you and MultiCards® Internet Billing, a division of PM International BV (“MultiCards®”), covers your participation in an open-term promotion (the “MultiCards® Affiliate Program ”) of "MultiCards® " on your website in exchange for payment based on the terms and conditions set forth below. MultiCards® , will make available to participants in the MultiCards® Affiliate Program graphical image files promoting the MultiCards® website (individually an "Image").
Please note proper ways to promote our product and also take your time to read through our important anti-spam policy and it’s consequences!
This Agreement will commence on the date your application to join the MultiCards® Affiliate Program is accepted by MultiCards® , and will continue unless terminated by either party. Please note that we will reject any website that does not feature customer-friendly website navigation, contains content (including pornographic or hateful content) that we, in our sole discretion, determine does not meet an acceptable commercial or aesthetic standard. Immediately thereafter, you may download one or more Images for posting on your website. Placement of the Image on your home or default page will be at your sole discretion.
MultiCards® will furnish you with real-time reports including the count of click-through leads and the number of booked accounts for which payment to you is due. You will be paid a commission for each new credit card processing account booked by MultiCards® which originates from your website. Payment shall be made monthly for each booked account in the previuos month.
All information relating to the calculation of the monthly amounts paid to you, including but not limited to the number of accounts booked by MultiCards® , shall be considered proprietary information of MultiCards® , and shall be held in strictest confidence by you and will not, without the prior written consent of MultiCards® , be disclosed by you to any other person, in any manner whatsoever, in whole or in part, and will not be used by you directly or indirectly for any purpose other than confirming the correctness of the calculation referred to above.
MultiCards® hereby grants to you a non-exclusive right to (i) establish a hypertext link to the MultiCards® website, and (ii) use, in connection with establishing that link, each Image (including all copyrighted, trade or service marked or other protected intellectual property contained therein) for the purposes described in this Agreement; provided, that you will not add, subtract or in any way alter or edit any Image (including, for this purpose, any machine-readable code which may be a part of any Image), nor will you make any use whatsoever of any Image or any other element of MultiCards® ’s intellectual property (including but not limited to MultiCards® ’s name, whether used in a url, a metatag or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by MultiCards® in writing.
By accepting membership in the MultiCards® Affiliate Program, you agree specifically to refrain from (i) originating, authorizing, or participating in any promotions, whether by email, telephone or otherwise, of MultiCards® (including, but not limited to "spamming"), and (ii) issuing any press release mentioning MultiCards® , unless such promotions have been specifically approved in writing by MultiCards®.
This agreement is the sole and complete agreement covering the subject matter hereof and may only be amended in writing signed by both parties, except in the case of transfer as described below. Any provision of this agreement deemed unenforceable by a competent court of jurisdiction may be deleted, leaving the remainder of the agreement operable and in effect. In the event of a dispute, the parties shall first seek mediation, and if the parties still seek to litigate the issue then the attorneys' fees and related litigation expenses (expert fees, etc.) may be recovered by the prevailing party. This agreement is nontransferable, except in the event of a sale of all or substantially all of the assets or stock of the transferring party as part of an acquisition or merger, including any reorganization or reincorporation.
Each party hereto agrees to indemnify and hold harmless the other party and each of its agents, officers, directors, and employees against all liability to third parties resulting from the acts, or failures to act, of such indemnifying party, or any acts of its customers or users. MultiCards® agrees to indemnify you for any actions based on stolen credit card information or fraudulent applications or other credit card abuses from applications completed on the MultiCards® website. In no event shall either party hereto be liable for payment of consequential damages resulting from the default in performance of their respective obligations pursuant to this Agreement.
NO WARRANTIES ARE MADE BY EITHER OF THE PARTIES HERETO AS TO THE SERVICES OR TECHNOLOGY DESCRIBED IN THIS AGREEMENT AND EACH PARTY HERETO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT AS IT RELATES TO THE TECHNOLOGY AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.