| The Avjobs Affiliate Client
Contract is the contract between the Company (dba "Avjobs")
and the Avjobs Affiliate ("you").
You agree that Colorado 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
Littleton, Colorado. You consent to the exclusive
jurisdiction of such courts.
You agree to assume full responsibility for your decision
to use Avjobs Affiliated services. The Company offers the
Avjobs service "as is" and disclaims any implied warranties
including for merchantability, fitness for a particular
purpose, and non-infringement.
You agree that in no event will the Company be liable to
you for any special, incidental or consequential damages.
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 enterprise.
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.
You agree to be bound by all of the terms and conditions
set forth at the Avjobs web site(s), including but not
limited to the Avjobs Accounting Policy, the Avjobs Privacy
Policy, the Avjobs Network Abuse Policy, the Avjobs Legal
Notice, all of which are incorporated herein by reference.
If you promote products listed by Avjobs, then:
You agree to make no such promotions that suggest or
imply any warranty or other policy that might conflict with
Avjobs ten day return policy.
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 commissions, 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.
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 Avjobs 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.
If you register a product with Avjobs, then:
You agree that Avjobs may list your product in its
catalog and make it available for purchase by retail
consumers.
You understand that Avjobs may adjust the final retail
price (including any applicable sales tax) of that product.
You understand that Avjobs may de-list any product or
Affiliate from its catalog at any time, without cause or
notice.
You agree to provide Avjobs with a valid customer support
email address for your product, to which paying customers
and Avjobs 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.
You understand that the Company may temporarily hold or
permanently seize all funds in your Avjobs account if we
determine that your account is associated with:
- Illegal activity, or
- Flagrant disregard for Avjobs 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.
You understand that the Company may temporarily hold any
portion of the funds in your Avjobs 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.
You understand that the Company may freely assign or
otherwise transfer any or all of the rights and obligations
described under the Avjobs Client Contract without your
consent and without notice to you.
You understand that the Company reserves the right to
modify the Avjobs Client Contract at any time. |
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