| 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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Affiliate
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