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.