TERMS & CONDITIONS
Please read the following CAREFULLY. This is a legal agreement ("Agreement") between ("Purple Kama" "we," or "us") and ("webmaster/applicant", "You")
The following offer to applicant is subject to all the terms, conditions, limitations and waivers below. Applicant acknowledges and agrees that by participating in the Program and to be bound by all the terms and conditions in this Agreement.
The non-exclusive right to direct, refer or send visitors or users of your website to websites owned, operated or controlled by Purple Kama.
A limited nonexclusive, nontransferable and revocable license to access, download and use promotional banners, hypertext links, and other promotional materials created by Purple Kama for use on your website or websites for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by Purple Kama or services provided through Purple Kama's website(s); however, the license herein granted shall automatically and immediately cease upon the termination or breach of any term in this agreement.
to Purple Kama:
That applicant will at no time, or using any materials provided by Purple Kama, directly or indirectly display or include on Your Website any advertising or advertising links of any kind which promote Purple Kama websites or services provide through Purple Kama's websites, other than those advertisements or hypertext ad links which have been pre-approved by Purple Kama, in compliance with this Agreement, and which advertise Purple Kama or other sites, companies, products or other wide area network addresses which we designate.
NOTE: PURPLE KAMA POLICIES
ARE FOR ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN
THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION
IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO
PURPLE KAMA: You therefore warrant that
That applicant will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners, hypertext links or other promotional or advertising materials provided to applicant by Purple Kama pursuant to this agreement and the program in whole or in part, in any manner, at any time anywhere in the world except as authorized by Purple Kama in writing
That applicant will not,
directly or indirectly, by any means, trick, link or artifice of any manner
link any of the following content or material to any Purple Kama website
through any hyperlinks maintained or created on applicants website or
2. Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
3. Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer be the performer real or computer generated (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
4. Any material, which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
5. Any material which constitutes an infringement, misappropriation or violation of any person's rights of publicity, privacy rights or any person's intellectual property rights, including but not limited to copyrights, trademark and service rights; This includes photos altered to look like celebrities or other private persons.
6. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" malicious java script or any other feature, which takes control of a third parties computer or cpu without their permission. Regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person;
7. Any material which contains any solicitation for prostitution, or which promotes or facilitates Warez Websites or the hacking, cracking or the downloading or trading of unauthorized MP3 audio files
8. Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq.;
That Applicant shall remain
a program participant until applicants terminate participation in the
program by notifying Purple Kama by E-mail at: email@example.com
That applicant will remain a program participant in good standing at all times applicant is receiving benefits or are otherwise participating in the program.
That applicant shall cease to be a participant in good standing and shall be subject to immediate termination of all benefits without prior notice if there is a failure to perform under or breach any part of this Agreement.
That if applicants participation in the program is terminated for any reason or is not in good standing, changes applicants website's URL or applicant ceases to offer services on the Internet, applicant shall immediately and permanently cease all use of all materials provided by Purple Kama and that all files containing materials provided will be removed from your website.
That applicant is over the age of eighteen (18) years.
That the person executing this agreement has the authority and is otherwise is entitled to contract on behalf of the entity which owns the rights to the your Website.
That upon termination of this Agreement you will immediately cease using Purple Kama marks and remove any materials supplied to you by Purple Kama or referring to Purple Kama, including without limitation any banner ads, from Your Website.
That all of applicant’s warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
Your Participation In The Program:
Only persons over the age of eighteen (18) years may participate in the program.
Purple Kama shall at all times have the right, in its sole and exclusive discretion, to modify and/or terminate the Program and any and all program benefits associated with Program at any time, and may do so with or without prior notice or cause.
Purple Kama has the right to terminate applicants and any other person's participation in the Program at any time and may do so with or without prior notice or cause.
This agreement and the rights under it are not transferable and may only be used by applicant in association with participation in the program.
All Program Benefits materials, including, without limitation, all advertising banners, hypertext links, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You by Purple Kama as part of this Program shall remain the property of Purple Kama and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Purple Kama in writing.
Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Purple Kama, including, without limitation, any of its trademarks or service marks.
A "referral" from Your Website which entitles You to a "referral fee" shall be defined as follows:
(i) A person who has been directed to a website controlled or operated by Purple Kama through the use of a banner ad or hypertext link supplied by Purple Kama as part of the Program (hereinafter referred to as "Authorized Link") that resides on your website and which automatically connects any person who clicks on said Authorized Link to a Purple Kama website; and
(ii) A person who, after having been directed to a website owned or operated by Purple Kama through the use of an Authorized Link, clicks through to an Advertiser listed on Purple Kama's website (hereafter defined as a "unique click-through to an Advertiser").
You acknowledge and agree
that Purple Kama shall have the right to deny or withhold payment from
applicant and to terminate applicant from the program if the Purple Kama
determines that applicant has directly or indirectly engaged in, or encouraged
You acknowledge and agree that Purple Kama shall have the right to terminate the program at any time, for any reason, or for no reason at all, in its sole and absolute discretion.
All referral fees due and payable hereunder shall be payable in United States Dollars.
The referral fees payable
as part of the Program shall be listed at the link located at Purple Kama’s
website, and Purple Kama reserves the right, in its sole and exclusive
discretion, at any time to alter or modify the Program including the method
and terms of all payment benefits to Participants. Any changes posted
link set forth above shall be binding upon all participants immediately
upon posting said changes at that link by Purple Kama.
No Joint Or Collaborative
Venture; No Monitoring Or Control Of Your Content By Us:
You acknowledge and agree that we shall have no control nor ownership interests of any kind in applicants business or Website.
You acknowledge and agree that You shall have no financial or other interest in Purple Kama or any property owned by Purple Kama, its affiliates, agents, successors or assigns.
You acknowledge and agree that the relationship with Purple Kama shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
You acknowledge and agree that Purple Kama has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by Applicant, at or in association with your Website except as specifically set forth in this Agreement.
You further acknowledge that neither Purple Kama nor any employee, associate, agent, assign or successor of Purple Kama shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with your Website, and that applicant shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through your Website.
Purple Kama makes
no guarantees or warranties of any kind:
Purple Kama Limited
Liability and Liquidated Damages :
Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Purple Kama, its officers, employees, successors, or assigns be held liable for damages, injuries or losses of any kind, directly or indirectly resulting from participation in the program, that the aggregate liability arising with respect to and under this Agreement and the Program for any and all claims, injuries, damages or losses will not exceed the total referral fees paid or payable to you under this Agreement.
Of Success Or Profitability:
1. the potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise;
2. the possibility or likelihood that use of any products and/or services provided by Purple Kama pursuant to this Agreement can or will result in the recoupment of any funds expended by You for the promotion of Your Website or any other purpose; or
3. the existence, nonexistence,
size or any other characteristics of any market for any products or services
which involve Your participation in the Program pursuant to this Agreement.
Or Supervision Provided By Us
Term And Termination Of Agreement
You acknowledge and agree that the term of this Agreement is at will and will begin upon Purple Kama's acceptance of your Affiliate application and will end when terminated by either party. Either you or Purple Kama may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
In the event that this Agreement or Program is terminated, you shall be entitled to all unpaid commissions or referral fees earned by you prior to the date and hour of termination. However, You shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by Purple Kama after the date and time of termination.
You agree that Purple Kama may at any time, in its sole and exclusive discretion, modify the type and quality of benefits provided to you under this Agreement by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Applicant acknowledges and agree that the failure of Purple Kama to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
Applicant agrees that all promises, obligations, duties and warranties made by applicant in this Agreement are personal to applicant and that neither they nor any benefits hereunder may be assigned by applicant to any other person or entity.
You agree that Purple Kama may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.
Arbitration; Choice of Law
Any and all disputes as
to the interpretation of or any performance under this Agreement which
are not first resolved informally, shall be determined by binding arbitration
All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive Any Unenforceable Provisions In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
This Agreement Shall Be Deemed To Be Mutually Drafted for purposes of construction of this Agreement, both Purple Kama and You shall be deemed to have mutually drafted this Agreement and all parts thereof.
Acceptance And Execution Of This Agreement
By filling out and submitting
the sign-up form, You are agreeing to be bound by all of the terms, conditions,
promises, warranties, duties and obligations set forth in this Agreement
and Purple Kama is agreeing to become a counter-party to the Agreement.
The date of execution shall be the date on which the form is forwarded
to Purple Kama