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Last Revised: June 6, 2011

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS.


1. GENERAL

This Affiliate Program Service Agreement (this "Agreement") is entered into by and between Cubender, Inc., a Canadian Corporation ("Cubender") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Cubender's Terms of Use, which is incorporated herein by reference.


The terms "we", "us" or "our" shall refer to Cubender. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


Cubender, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Cubender website (this "Site"). You acknowledge and agree that (i) Cubender may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Cubender may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. Cubender assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.


2. DESCRIPTION OF OUR AFFILIATE PROGRAM

Cubender grants you a non-exclusive, non-transferable limited license to use the Affiliate Program in accordance with the terms and conditions set forth herein.

The Affiliate Program allows you to provide a platform for advertising Cubender via your "Web Site" or "Publishing Location" (such as an electronic newsletter or blog), thereby driving traffic to Cubender's Web Site or Web Site content, whereby you may earn a portion of the revenue generated (a "Commission Payment") if a person or entity that is not you (a "Visitor") purchases a Cubender product or service after being referred to Cubender's Web Site or Web Site content from an internet hyperlink (a "Link") contained on your Web Site or Publishing Location.


After being referred to Cubender's Web Site or Web Site content from a Link contained on your Web Site or Publishing Location, Visitors have ninety (90) days to complete their purchase in order for you to receive a Commission Payment. Please note that you will only receive a Commission Payment for purchases completed through your Web Site or Publishing Locations Link; subsequent purchases made by the same Visitor (by accessing Cubenders Web Site directly) will not be commissionable. Additionally, should the Visitor click on another Web Site or Publishing Location's Link that is not controlled by you, or return to the Cubender Web Site via another source-coded advertising Link during the initial ninety (90) days, your Link will be overwritten and you will not receive a Commission Payment for that Visitor's purchase. All Cubender products and services will be eligible for a Commission Payment except for existing account upgrades (new sales only).

You acknowledge and agree that only purchases completed through Cubender's Web Site or Web Site content will be eligible for a Commission Payment. No purchases taken or completed over the telephone will be eligible for a Commission Payment.


3. PARTICIPATION IN THE PROGRAM

1.You are not eligible for a Commission Payment on purchases made by you, your employees, agents, representatives, or contractors; and

2.Cubender employees (and their immediate family members) are not allowed to participate in the Affiliate Program.


4. WEB SITE AND PUBLISHING LOCATION RESTRICTIONS

You acknowledge and agree that your Web Site or Publishing Location shall not (and shall not enable others to):


1.Engage in (a) sending unsolicited commercial email ("spam") or (b) indiscriminate advertising;

2.Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;

3.Collect personal information about minors without their parent's prior written consent;

4.Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Cubender in its sole and absolute discretion;

5.Encourage the use of a controlled substance;

6.Encourage unlawful behavior;

7.Display, promote or sell illegal content, or offer any illegal product or service;

8.Violate any applicable law;

9.Contain any false, inaccurate, misleading, defamatory, slanderous or libelous content or statements;

10.Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;

11.Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization; or

12.Contain Links to Web Sites containing any of the aforementioned content.


In addition, you acknowledge and agree that you shall not:


1.Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in Cubender's Links, including but not limited to removing or altering any copyright or trademark notices. You recognize that Cubender owns all rights in and to all information regarding the Visitors that you refer to Cubender's Web Site or Web Site content.

2.Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your Web Site.

3.Alter the tracking codes to allow you to collect personally identifiable information of Visitors that would allow you to personally identify Visitors.

4.Allow your Web Site or Publishing Location be a downloadable or internet accessible application, as determined by Cubender in its sole and absolute discretion.

5.Use a Cubender.com look-a-like site that suggests or gives the Visitor the impression that your Web Site or Publishing Location is affiliated with Cubender.com. Your Web Site or Publishing Location shall not in any way copy or resemble the look and feel of Cubender's Web Site or Web Site content, and you shall not create the impression that your Web Site or Publishing Location is part of Cubender's network of Web Sites. This includes using Cubender's trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not "frame" or permit the "framing" of any page of Cubender's network of Web Sites.

6.Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered nonbona fide purchases. Non-bona fide purchases shall not be eligible for Commission Payments.

7.Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers ("ICANN") approved registrar.

8.Engage in activities, whether lawful or unlawful, that Cubender determines, in its sole and absolute discretion, to be harmful to Cubender or its customers, employees, operations, or reputation.

9.Purchase or generate traffic to your Web Site or Publishing Location by any of the following methods: listing on newsgroups, bulk emailing, icq postings, chatroom postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript®, click farms, advertising the domain name or purchasing advertising for the domain name or any other similar method.

You acknowledge and agree that Cubender may terminate your Services (a) if you, your Web Site or your Publishing Location violates, as determined by Cubender in its sole and absolute discretion, any of the aforementioned restrictions or additional restrictions, (b) for non-payment of fees, and/or (c) if your Web Site or Publishing Location is not live, is under construction, or is a personal homepage or other personal site.


5. CALCULATION OF COMMISSION PAYMENTS

Commission Payments - General


Cubender shall use commercially reasonable efforts to provide you with accurate daily estimates of the revenue your Web Site or Publishing Location generates. You acknowledge and agree that any daily estimates do not represent an exact determination of your Commission Payment and the exact amount of your Commission Payment, as determined at the end of the applicable revenue generating period, may be different. However, you acknowledge and agree that in calculating your Commission Payment Cubender's determination regarding the same shall be the final and binding determination.

The commission structure (the "Commission Structure") for the Affiliate Program shall be a flat-rate payment based on the type of subscription purchased. Month-to-month subscriptions shall yield a Thirty Dollar ($30.00) commission total, and annual subscriptions shall yield a Thirty Dollar ($30.00) commission plus a Thirty Dollar ($30.00) bonus for a total of Sixty Dollars ($60.00). No single commission amount shall exceed Sixty Dollars ($60.00) total. Upgrades from already-existing paid accounts to any other type of account or service shall not be eligible for commissions. Cubender expressly reserves the right to change or modify the Commission Structure at any time, and such changes or modifications shall be effective immediately upon posting to your Cubender Affiliate Manager without need for further notice to you.


Cubender will hold the initial Commission Payment on all orders for sixty (60) days from the purchase date. After this time, Commission Payments will be paid out in accordance with the provisions below and will represent Commission Payments earned in the immediately preceding month, less any applicable fees and/or chargebacks. Commission Payments may be debited or withheld on any orders refunded by Cubender or charged back by the issuing bank (for fraud or any other reason). Cubender reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.


Commission Payments for All Affiliates


The payout date is the date that the Commission Payment is sent to you. All Commission Payments shall be paid using PayPal®. All affiliates are required to hold a valid PayPal® account in order to receive commissions.


PayPal


Affiliates will be paid out monthly on the fifteenth (15th) day of the month via PayPal. Should the fifteenth (15th) day of the month fall on a Saturday, Sunday or holiday, the payout date will be on the next business day. A Two Hundred Dollar ($200.00) minimum threshold is required before payment will be made to those accounts. If the payment amount exceeds $10,000.00, it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country to ensure your PayPal account has the ability to receive payments from third parties. Transaction fees for PayPal will be the responsibility of Cubender and will not be deducted from your Commission Payment.


Coupon Codes


You acknowledge and agree that Cubender only has an obligation to make Commission Payments on purchases utilizing coupon codes that are supplied to you through your Cubender Affiliate Manager. Pending Commission Payments earned on purchases in violation of the foregoing will be reversed. Cubender does not make Commission Payments on purchases made by Visitors with the following coupon codes: a coupon code not supplied to you through your Cubender Affiliate Manager, a coupon code from an internal Cubender code or private discount code, a coupon code supplied in Cubender customer emails, a coupon code supplied through other programs, or any coupon that states on its landing page that it is "not compatible with the Affiliate Program."


6. AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

Privacy Obligations


You agree that you will post your privacy policy on your Web site or Publishing Location and otherwise make it available to all Visitors. Your privacy policy must comply with all applicable laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of Visitor information. In addition, you must fully and accurately disclose your use of third party technology, including Cubender's tracking technology, use of cookies, and options for discontinuing use of such cookies.


Indemnification Obligations


Affiliate covenants and agrees to indemnify and hold harmless Cubender from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of or in connection with (i) Affiliate's breach of or non-compliance with this Agreement, (ii) Affiliate's use of the Services, (iii) Affiliate's violation or alleged violation of any applicable law, (iv) Affiliate's violation or alleged violation of any rights of another, including violation of a person's or entity's intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate's Web Site or Publishing Location, (vi) Affiliate's acts or omissions in using, displaying or distributing any Links obtained from the Affiliate Program or elsewhere, including but not limited to Affiliate's use of Links via email distribution, or (vii) any assertion that Cubender is obligated to pay taxes in connection with a Commission Payment made by Cubender to Affiliate pursuant to this Agreement. In the context of this Section only, the term "Cubender" shall include Cubender's officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, Cubender. Affiliate's indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.


7. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.


8. AVAILABILITY OF AFFILIATE PROGRAM

Subject to the terms and conditions of this Agreement and Cubender's policies and procedures, Cubender shall use commercially reasonable efforts to attempt to provide the Affiliate Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:


1.Equipment malfunctions;

2.Periodic maintenance, repairs or replacements that Cubender may undertake from time to time; or

3.Causes beyond the reasonable control of Cubender or that are not reasonably foreseeable by Cubender, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that Cubender has no control over the availability of the Affiliate Program on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.


9. CUBENDER'S RIGHTS AND REMEDIES

Cubender explicitly reserves the right, in its sole and absolute discretion, to:


1.Modify the pricing, fees (including the Administrative Fee), thresholds, payouts, Links, or any terms and conditions of the Affiliate Program without advance notice, if desired by Cubender;

2.Establish limits and guidelines concerning the use of the Affiliate Program; and

3.Terminate your license to use the Affiliate Program if your use of the Affiliate Program is in violation of the terms and conditions of this Agreement.

If Cubender terminates your license to use the Affiliate Program, Cubender may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Cubender has no obligation to monitor your use of the Affiliate Program, but reserves the right to do so.


Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which Cubender is entitled, Cubender specifically reserves the right to:


1.Terminate the Affiliate Program at any time for any reason.

2.Terminate your license to use the Affiliate Program at any time for any reason. If your license is terminated, Cubender will make any Commission Payments from validly generated purchases from your Web Site or Publishing Location which accrue before the termination date. Cubender will not make any Commission Payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from your Web Site or Publishing Location shall be made in Cubender's sole and absolute discretion. If you are terminated and removed from the Affiliate Program, you may appeal at affiliateprogram@Cubender.com.

3.Suspend your license to use the Affiliate Program at any time for any reason. If your license is suspended, you will not receive any Commission Payments during your suspension period, whether such Commission Payments accrued before or during your suspension period. After completion of an internal investigation, if you are allowed back into the Affiliate Program, Cubender will make any Commission Payments from validly generated purchases from your Web Site or Publishing Location which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from your Web Site or Publishing Location shall be made in Cubender's sole and absolute discretion.

4.Require the forfeiture of any previously earned revenue in connection with the Services, which has been paid or yet to be paid on any purchases you generated or assisted in generating during any times when you are in violation of this Agreement.

5.Deactivate any and all accounts and domains that Cubender believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.


10. TRADEMARKS

You acknowledge and agree that the Affiliate Program, the names, trademarks, and logos of Cubender, and all related product and service names, design marks and slogans (the "Cubender Trademarks"), are the sole and exclusive property of Cubender, and your use of the Cubender Trademarks shall inure to the benefit of Cubender. You are not authorized to use the Cubender Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in Cubender's Links as provided in this Agreement.

You agree not to utilize, advertise, or otherwise promote any mark of Cubender in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of Cubender on any pay-for-placement search engines.


11. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.


12. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms of Use. In the event there is a conflict between the provisions of this Agreement and the provisions of the Terms of Use, the provisions of this Agreement shall control.


Revised: 6/6/2011

Copyright © 2010 Cubender.com, Inc. All Rights Reserved.


Affiliate Agreement | Terms & Conditions

Legal

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Contact Us


(888) 780-9089

By Email

Find Us On

Like Cubender?

Earn up $60 per referral!

Join Cubender's Affiliate Program today.

This website was proudly built with Cubender.

Cubender is an intuitive HTML5 and Flash website builder. In minutes, you can learn how to create websites that are stylish, socially-connected and search engine friendly.

Browse our collection of free website templates or start from a blank canvas and learn how to design a website from scratch.


Copyright © 2012 Cubender | Making Websites. Better. All rights reserved.


Contact Us


(888) 780-9089

By Email

Find Us On

Like Cubender?

Earn up $60 per referral!

Join Cubender's Affiliate Program today.

This website was proudly built with Cubender.

Cubender is an intuitive HTML5 and Flash website builder. In minutes, you can learn how to create websites that are stylish, socially-connected and search engine friendly.

Browse our collection of free website templates or start from a blank canvas and learn how to design a website from scratch.


Copyright © 2012 Cubender | Making Websites. Better. All rights reserved.