We disclaim all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
Linking
As an Affiliate, we will make available to you a variety of graphic and
textual links (each of these links sometimes being referred to herein as
"Links" or, individually, as a "Link"), which, subject to the terms and
conditions hereof, you may display as often and in as many areas on your
site as you desire. The Links will serve to identify your site as a member
of our Affiliate Program and will establish a link from your site to ours.
a. Agreements Regarding Links: In utilizing the
Links, you agree that you will cooperate fully with us in order to
establish and maintain such Links. You also agree that you will display
in your site only those graphic or textual images (indicating a Link)
that are provided by us, and you will substitute such images with any
new images provided by us from time to time throughout the term of this
Agreement. All Affiliate Sites shall display such graphic and/or textual
images prominently in relevant sections of their site. All Links may be
modified and/or expanded from time to time throughout the term of this
Agreement pursuant to the mutual agreement of the parties hereto. Each
Link connecting users of your site to our site will in no way alter the
look, feel, or functionality of our site. Any Affiliate created graphics
and/or textual images for this program must be reviewed and given
written authorization by us prior to use.
b. SPYWARE AND OTHER PARASITES:
Any affiliate suspected of a relationship, formal or informal, with any
provider of spyware or parasitic software (as judged by any interference
with the operation by design of March of Dimes and/or its partner sites) is
subject to punitive actions by March of Dimes, without notice, including but
not limited to: suspension of affiliate account; termination of
affiliate account; withholding of payments to affiliate; and public
notification of affiliate's suspected malfeasance. March of Dimes encourages
affiliates to report suspicions of such relationships; and, should
substantial proof, as judged by March of Dimes, be provided, March of
Dimes reserves
the right to assign a value equal to unpaid monies earned by the
offending affiliate (or a part thereof) to the reporting affiliate as a
bounty.
Commission Schedule
and Payment
Impressions and clicks are considered donated space to the March of Dimes.
The March of Dimes will supply the Affiliate with an acknowledgement of
your donation annually for impressions and clicks to be used at the
discretion of the Affiliate. The March of Dimes does not provide dollar
values for goods or services donated in-kind. Consult your tax advisor for
your particular circumstances.
Commission Eligibility
Affiliates are not eligible to earn commissions on their purchases and or
donations of any March of Dimes products.
Anti-SPAM Policy
We do not and will not tolerate the sending of unsolicited email
messages and will prosecute all offenders to the fullest extent of the
law. By agreeing to the terms and conditions of this agreement, you also
agree to the following.
a) e-mails promoting March of Dimes shall not contain
or include a falsified sender domain name or falsified IP address;
b) e-mails promoting the March of Dimes advertisements shall not be routed
or relayed through servers that the sender does not have explicit
authorization to use;
c) e-mails promoting the March of Dimes advertisements shall not contain
or include a false or misleading subject line that attempts to disguise or
conceal the content of the e-mail;
d) all e-mails shall contain or include valid and responsive contact
information of the sender, list manager or list owner; This includes your
physical address.
e) no e-mails promoting March of Dimes shall be sent for the purpose of
harvesting the e-mail addresses in order to send future unsolicited
e-mails;
f) all e-mails promoting March of Dimes will be sent to individuals who
have given you their “Affirmative Consent” as defined in Sec. 3.1 of the
“CAN-SPAM Act of 2003” (viewable at GPOAccess.gov) which by its reference
is incorporated into this document.
g) every e-mail promoting March of Dimes advertisements shall contain a
functioning return electronic mail address or other Internet-based
mechanism clearly displayed that a recipient may use to submit in a manner
specified in the message a reply electronic mail message or other form of
Internet-based communication requesting not to receive future e-mail
messages from you
h) you shall process any and all opt-out requests within 5 business days,
or less of the request.
i) unless otherwise directed by March of Dimes in writing, you shall not
use March of Dimes, or it's represented advertisers names (including any
abbreviation thereof) or any trademark, trade name, service mark, logo or
other March of Dimes identifying information in the originating or return
e-mail address line, header or subject line of any e-mail transmission and
that all e-mail transmissions shall contain language in the body and both
the "from" line as well as the "re:" line that clearly announces that the
offer embedded in the e-mail is being sent by you for the benefit of your
users.
j) you agree and affirm to comply with all the rules and regulations set
forth in the “CAN-SPAM Act of 2003” as well as all obligations and
provisions herein.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your
Affiliate application and will end when terminated byeither party. Either
you or we may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination.
Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, 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.
Limitation of
Liability
We will not be liable for indirect, special or consequential damages, or
any loss of revenue, profits or data, arising in connection with this
Agreement or the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total referral fees
paid or payable to you under to this Agreement.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR
INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR
COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
Miscellaneous
This Agreement will be governed by the laws of the United States and the
State of New York, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the federal or
state courts located in White Plains, New York and you irrevocably consent
to the jurisdiction of such courts. You may not assign this Agreement, by
operation of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to the
benefit of and be enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision of this
Agreement.
