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ParetoLogic Affiliate Agreement and Code of Ethical Conduct |
PLEASE READ THIS AGREEMENT CAREFULLY. BY PROMOTING THE PARETOLOGIC PRODUCTS, YOU HEREBY AGREE TO THE FOLLOWING TERMS:
ParetoLogic
Inc. and independent affiliate network providers and their
affiliates, have the following obligations when conducting
advertising and promotions as an affiliate for ParetoLogic Inc.
Affiliates must at all times adhere to a strict code of ethical
conduct when advertising the ParetoLogic products. Affiliates are
expected to perform their marketing efforts with honesty and
integrity at all times and in all promotional activities related to
ParetoLogic products. Affiliates must adhere to all laws and
contractual obligations as described herein and by all applicable
regulatory bodies including but not limited to the examples, issues
and interpretations set forth in this agreement.
An
advertiser shall not misrepresent, misidentify, or make
unsubstantiated claims with respect to any ParetoLogic products
available to the affiliate.
Affiliates shall not present
information that would in effect be considered misleading and/or
deceptive in intent or implication. Examples of
deceptive/misleading practices include but are not limited to the use
of text or graphics that explicitly claim that or give the impression
that spyware has been found on the user's computer without having
provided notice and obtained explicit permission to perform a scan of
the users system; use of words and terms designed to associate
ParetoLogic's product with that of another company; use of scare
tactics designed to create a false sense of imminent danger, such as
opening the user's CD-ROM tray, displaying the contents of the user's
C-drive, or displaying information from the user's browser headers.
Affiliates must not frame the ParetoLogic website (including
logos, graphics and exclusive content) within their own domain at any
time or in any other potentially misleading format.
Affiliates
must not append their unique link to another
affiliate/publisher/webmaster's website content or link that would in
effect take commissions from a rightful party.
Affiliates
must not use any means to obstruct a user from accessing another
intended website. Back browser links must be functional and users
must be able to reasonably navigate to another site or page.
Affiliates must not use any script, software, technology,
application or any such means to generate downloads/sales unless the
use of such action is explained to and initiated by the user. For
example an affiliate may not deploy a scanning script on an end users
computer system or deploy an instant messaging script or a similar
imposing application without express end-user consent. Such
authorization must be a user initiated download link. All such
applications that an end-user intentionally downloads, must come with
an uninstaller easily accessible in the users program files and via
the add/remove programs
function.
Affiliates may not use or modify content from
another website in order to generate traffic, clicks, downloads or
commissions.
Affiliate links shall not be cloaked,
disguised, hidden or in any other way appear to be from a domain
other than what an average user would reasonably expect. Links from
an affiliate site to ParetoLogic products will in no way alter the
look, form and function or user experience of the ParetoLogic
products or web site.
Advertising ParetoLogic products with
the use of software and downloadable applications must include clear
notification by affiliates and require explicit acceptance by the
user.
Affiliate sites must not alter a user’s security
settings or configuration and must not promote or solicit sites and
products that do so.
ParetoLogic products cannot be bundled
with and must not directly imply association with other products,
without prior written authorization by ParetoLogic.
Affiliates
shall not engage in spam or any form of unsolicited, intrusive and/or
deceptive advertising. ParetoLogic has sole discretion over the
classification of such advertising and defining an acceptable means
of promoting the ParetoLogic products.
If an affiliate
chooses to collect personally identifiable information about a site
visitor, the information collected shall not be used in associating
online tracking or behaviour, in any form, with such site visitor
without notification to and the explicit consent of the site visitor.
All affiliates shall comply with applicable privacy laws.
Affiliate
sites must not promote or employ the use of adware, spyware,
hijackers or any other intrusive application that ParetoLogic
products identify and remove.
Affiliate sites shall not
attempt or seek to attempt to directly control a user’s
computer system.
Affiliate sites shall not employ the use of
misleading redirects that reroute a user or direct them to a
destination that is not reasonably expected by the user.
Affiliate
sites must not employ the use of activeX controls that are
questionable, misleading in nature or purpose and/or are
non-essential to the normal functioning of the website.
Affiliates
must not promote or be associated with companies, websites, portals,
search engines etc. that are associated with hijackers, malicious
scripts, persistent toolbars or any other unwanted or undesirable
process or application.
Affiliates shall not use
ParetoLogic’s exclusive corporate website content, logos,
graphics, and other intellectual property rights in their promotions
without the prior written and signed consent of ParetoLogic.
Affiliates are encouraged to use the pre-approved graphics and
content found in the Affiliate workshop located at:
http://ParetoLogic.com/affiliates.aspx Questions should be directed
to affiliates@ParetoLogic.com
Affiliates may promote
ParetoLogic products through PPC search engines, content based
independent websites and through other ethical and professional means
of advertising both online and offline. At all times, the affiliate
representation of our products shall adhere to the terms and
explanations set forth in this agreement and shall not be confusing
or otherwise create the likelihood of confusion to users.
Pay-Per-Click marketing
Affiliates who choose to market
via PPC must use ethically acceptable keywords/terms in their
advertising campaigns. Ethically acceptable terms are considered
terms that in no way impose upon the trademarks, copyrights or
intellectual property of another product, company or entity.
Authorized affiliates of third party ecommerce providers and future
ecommerce network partners that have been licensed by ParetoLogic are
granted a limited, non-exclusive right to use the ParetoLogic
trademarks and other authorized intellectual property rights. All
rights not expressly granted herein are reserved by ParetoLogic.
Trademarks
and Copyright
ParetoLogic will aggressively protect our
trademarks, reputation, intellectual property, copyright and
goodwill. ParetoLogic may, from time to time, require affiliates to
clarify website content and ad copy and claims/representations made
to customers. Affiliate cooperation is required and changes requested
by ParetoLogic must be completed within reasonable time as determined
by ParetoLogic. The affiliate shall not use the ParetoLogic
Trademarks to disparage the ParetoLogic products or services, or in
such a manner would, in ParetoLogic’s fair judgment, diminish
or damage ParetoLogic’s associated goodwill in the trademarks
and other intellectual property rights. Affiliates shall not
represent the ParetoLogic trademarks in such a manner that implies
ParetoLogic’s sponsorship or endorsement without the express
acceptance and the written authorization of ParetoLogic. ParetoLogic
reserves the right to terminate any affiliate relationship if it is
determined that such a relationship is not in the best interests of
ParetoLogic or its customers.
ParetoLogic
Affiliate Network and Affiliate relationship
ParetoLogic uses
non-exclusive independent affiliate networks to fuel its affiliate
marketing. Such affiliate networks agree to comply by ParetoLogic’s
ethical standards and the independent affiliates must also agree to
abide by the standards as described herein. Affiliates must also
comply by the terms and agreement as set forth by their affiliate
networks. All commissions are paid to the affiliates by their
respective affiliate network. ParetoLogic may enter into other
non-exclusive marketing relationships as agreed to in writing by
ParetoLogic. Affiliate networks are independent entities and are not
in any way to be construed to indicate an agency relationship,
partnership, joint venture, franchise, sales representative, or
similar such employment arrangement between the parties. Affiliate
network providers have no authorization to engage any offers or to
make such representations on behalf of ParetoLogic. Affiliates are
independent contractors of the independent affiliate networks or as
otherwise described and regulated by their own affiliate agreement.
Affiliates have no authorization to engage any offers or to make such
representations on behalf of ParetoLogic.
Income and
Liability Disclaimer
ParetoLogic will from time to time advertise
its affiliate program as made available through independent affiliate
networks. Hundreds of independent affiliates advertise the
ParetoLogic products. Any indication of affiliate income potential is
based on actual gross commissions paid out to certain affiliates and
is not representative of probable income. ParetoLogic has no means of
determining net proceeds or net profits earned from promoting our
products. We encourage affiliates to diligently track their
advertising expenditures and if engaged in Pay-Per-Click or similar
paid marketing, we stress that ad tracking right down to the keyword
level is essential for success. The ParetoLogic products are provided
“AS IS” with no warranty unless otherwise specified
herein or in the ParetoLogic products. IN NO EVENT SHALL PARETOLOGIC
BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR
OF DATA, INTERRUPTION OF BUSINESS, NOR FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS
AGREEMENT OR OTHERWISE, EVEN IF THE AFFILIATES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS.
Legal Claims
By acting as an
independent affiliate for ParetoLogic and by advertising the
ParetoLogic products, the affiliate must not have any legal action,
claims, judgment or threatened claims pursuant against the affiliate
or the affiliate’s company or any company that the affiliate is
a director of or has a controlling interest in. To the best of the
affiliate’s knowledge there are no such legal issues or any
basis thereof, pending or past, that would conflict with the
integrity, execution or delivery of this agreement.
Agreement
Modification
ParetoLogic reserves the right to modify this
agreement at any time. The affiliate’s continuing promotion of
the ParetoLogic products and services expressly confirms the
Affiliates acceptance to such changes. ParetoLogic will make changes
as necessary to ensure compliance with applicable laws and to ensure
that new technologies and changing affiliate marketing methods do not
impose an undesirable or unfair consequence on other affiliates or
the valued customers of ParetoLogic.
We encourage affiliates
to send all user questions and issues to ParetoLogic’s support
desk here: http://ParetoLogic.com/support/
Affiliates should
send their own inquiries to affiliates@ParetoLogic.com
Ensure
correct representation of the ParetoLogic products on affiliate
websites and ad copy
ParetoLogic offers feature limited products
for customers to download and try, in order to determine if their
computer is infected with known Malware. Payment is required to
register and purchase a license to use the product. Registration
entitles the user to all features and support for the ParetoLogic
products and online support center access. Affiliates shall not
indicate that the software is free of charge.
Affiliate
representation of refunds
Refunds are available by sending an
email to sales@ParetoLogic.com. Affiliate customers should include
their Order ID and origin or purchase in the email in order to
expedite the refund request. ParetoLogic will initiate the refund
process by notifying the applicable affiliate network of the account
to credit. The applicable affiliate network will credit a refund to
the user for up to ninety (90) days following the date of purchase.
Authorization of Binding Agreement
This Agreement
shall enure to the benefit of and be binding upon the parties and
their respective heirs, executors, administrators, personal
representatives, successors and permitted assigns. The provisions
herein constitute the entire agreement between the parties and
supersedes all previous expectations, understandings, communications,
representations and agreements whether verbal or written between the
parties with respect to the subject matter hereof.
Governing Law
This Agreement shall be governed exclusively by the laws by the Province of British Columbia and the laws of Canada applicable therein, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The Licensee hereby irrevocably attorns and submits to the non-exclusive jurisdiction of the Courts of Victoria, British Columbia, Canada and any competent Courts of Appeal therefrom.