This agreement is
between Computer Future, Inc., and you, the participant in the Affiliate Program.
1. Requirements
In the event that
Worldwide Superstore finds that potentially objectionable material is
being provided, or linked to, from on your web site, your affiliate
account will be cancelled and deactivated.
(a) Participant's web site must not be provided or hosted by a
"Free Web Site Provider".
(b) Participant's email address must not be provided or
hosted by a "Free Email Account Provider".
(c) Participant Representation
- No content or links to potentially objectionable material
America's Homes
is a "Family Friendly/Kid Friendly" web site.
Participant represents and warrants that any material, which is provided by Participant and
displayed on Participant's site will not promote, or contain
direct links to, any subject matter which may be considered offensive, or in poor taste.
America's Homes
reserves the right to determine what material may be considered
potentially objectionable.
Potentially
objectionable material includes,
but is not limited to, material that:
(1) may be considered deceptive
(2) may be defamatory
or libelous, lewd, pornographic, obscene, or sexually explicit
(3) may be racist,
threatening, harassing, libelous, or a violation of intellectual property
laws
(4) promotes
psychic help, horoscopes,
or gambling
(5) promotes stolen, pirated or unlicensed copyrighted material
(6) promotes
violence or contain hate speech
(7) violates any laws
regarding unfair competition, anti-discrimination or false advertising;
(8) contains viruses, Trojan horses, worms, time
bombs, cancelbots or other similar harmful programming routines.
(9) infringes on any third party's copyright, patent, trademark, trade secret
or other proprietary rights or right of publicity or privacy;
(10) violates any applicable
law, statute, ordinance or regulation;
(d) Participants will link their site
to Americashomes.com using special URLs given upon registration into the Program.
Participants can post as many links as they like on their site.
(e) Affiliate Participants will receive
referral fees of $8 for each $25 listing sold directly, as a result
of their link. Affiliate Participants will receive referral fees of $2 for each $25
listing sold by affiliates who join the affiliate program as a result of Participants
link. This is a "Two-Tier" program.
(f) Computer Future, Inc. will pay the
Participant referral fees on a monthly basis. Approximately 30 days following the
end of each calendar month, Computer Future, Inc. will send the Participant a check for
the referral fees earned on paid listings. If a listing is refunded to the
purchaser, the corresponding fee will be deducted from Participant's next monthly
payment.
(g) This program is available to US
international residents. All commission checks will be drawn on a U.S.
bank. Before signing up, please investigate this with your local bank. In many countries
there is a high fee associated with cashing checks from other countries. The cost
of mailing the check to participants outside of the U.S. will be deducted from the check
before it is sent.
(h) Computer Future, Inc. shall have the sole right and responsibility for
processing all orders and tracking sales made via the link from Participant's site.
All determinations of Affiliate amounts will be made by Computer Future, Inc. and will be
final and binding on the parties. Participant acknowledges that all sales
agreements relating to an order will be between Computer Future, Inc. and the customer,
and all orders accepted will be subject to Computer Future, Inc.'s then current terms and
conditions of sale. Those terms and conditions may be changed at any time,
without notice. Prices for the listings will be set solely by Computer Future, Inc. in its
discretion. Participant agrees not to make any representations, warranties or other
statements concerning any customer service matter, including Computer Future, Inc.'s Web
site policies, product availability and/or pricing. Computer Future, Inc. is not
responsible for any statements made by Participant which contradict any information found
on Computer Future, Inc.'s Web site.
2. Scope of Agreement
(a) Participation in the Program constitutes Participant's agreement to be bound by the
terms and conditions of this Agreement. Computer Future, Inc.
reserves the right, at its discretion, to change, modify, add or delete any portion of
this Agreement at any time. Notification of changes to this Agreement will be
posted at http://www.Americashomes.com/partner.htm
(b) If the terms or conditions of this Agreement
in its current form, or any future changes to this Agreement are unacceptable to
Participant, or cause Participant to no longer be in compliance with the Agreement,
Participant may cancel participation in the Program by ceasing use of its unique Affiliate
URL and promptly notifying Computer Future, Inc. of the same (see Section 6 regarding
termination). Participant's continued participation in the program now, or within thirty
(30) days following the posting of notice of any changes in these terms and conditions,
will constitute a binding acceptance by Participant of such rules, changes or
modifications.
(c) Computer Future, Inc. may change, suspend or
discontinue any aspect of the Program at any time, including the availability of any
Program feature, database, or content, with or without notice.
(d) Participant is responsible for notifying
Computer Future, Inc. of any malfunctioning of the link or other problems with
Participant's participation in the Program by calling 317-885-1954 or email at
wws@comsys.net. Computer Future, Inc. will use its best efforts to respond promptly to all
concerns upon notification by Participant.
3. Copyrighted Material
Except for advertising banners and graphics, found at http://www.americashomes.com/banners.htm,
or http://www.americashomes.com/aff_banners.htm, participant may not use, distribute,
sell, reproduce or otherwise copy any of the Content on Americashomes.com site without
express written authorization of Computer Future, Inc. Participant shall be solely
responsible for compliance with the above laws and any additional copyright notices,
information, or restrictions contained in any Content accessed through the Program.
4. License
Computer Future, Inc. grants Participant a revocable, non-exclusive, worldwide license to
use the name, logos, trademarks, service marks, trade dress and proprietary technology, as
designated during the registration process, on Participant's site for the sole purpose of
creating a link from Participant's site to Americashomes.com site during Participant's
participation in the Program. Except as expressly set forth in this Agreement, Participant
may not copy, distribute, modify, reverse engineer, or create derivative works from the
same. Participant may not sublicense, assign or transfer any such licenses for the use of
the same, and any attempt at such sublicense, assignment or transfer is void.
5. Ownership
Computer Future, Inc. owns and shall retain all rights, title and interest in its names,
logos, trademarks, service marks, trade dress, copyrights and proprietary technology
including without limitation, those names, logos, trademarks, service marks, trade dress,
copyrights and proprietary technology currently used or which may be developed and/or used
by it in the future.
6. Termination
(a) Participant may terminate Participant's participation in the Program at any time by
sending email with the Subject "Cancellation," along with Participant's ID
number to: support@Americashomes.com. Participant will retain all Affiliate referral fees
accrued until the point of termination.
(b) Computer Future, Inc. may, in its sole
discretion, terminate or suspend
Participant's participation in the Program for any reason
whatsoever, including, without limitation, breach of the Agreement, or
assignment of the Agreement by Participant without prior written permission from Computer
Future, Inc.. Subject to the foregoing restriction, this Agreement shall be binding upon
the parties and their respective heirs, executors, successors and assigns.
7. Participant
Indemnification
Participant shall indemnify, defend and hold harmless Computer Future, Inc. and its
affiliates, directors, officers, employees and agents, from and against any and all
liability, claim, loss, damage, injury or expense (including reasonable attorneys' fees)
brought by a third party, arising out of a breach, or alleged breach, of any of
Participant's representations, warranties or obligations herein.
8. Disclaimer of Warranty
Computer Future, Inc. and the Program are provided on an "as is" basis without
warranties of any kind, either express or implied, including, without limitation,
warranties of title or implied warranties of merchantability or fitness for a particular
purpose. In no event shall Computer Future, Inc. be liable to Participant for any direct,
indirect, special, exemplary, consequential or incidental damages, whether such damages
are alleged in tort, contract or indemnity arising out of the use or inability to use the
Computer Future, Inc. site, the failure for any reason to return users to Participant's
site or loss of data, even if Computer Future, Inc. is informed of the possibility of such
damages. In the event of dissatisfaction, Participant's sole and exclusive remedy is to
terminate participation in the Program.
9. Independent Investigation
PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ THIS AGREEMENT AND AGREES TO ALL ITS
TERMS AND CONDITIONS. PARTICIPANT UNDERSTANDS 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 PARTICIPANT'S WEB
SITE. PARTICIPANT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
10. General
(a) Each party shall act as an independent contractor and shall have no authority to
obligate or bind the other in any respect.
(b) This Agreement has been made in and shall be
construed and enforced in accordance with the laws of the State of Indiana. Any action to
enforce this Agreement shall be brought in the federal or state courts located in
Indianapolis, IN.
(c) If you need to send official correspondence,
send it via registered mail to:
Computer Future, Inc.
1035 North State Road 135
Greenwood, IN 46142
You may also call (317) 885-1954 Monday through Friday 9:00 AM -- 6:00 PM Eastern
Standard Time. |