| |
Terms Of User
If you are interested in becoming an affiliate,
partner or advertiser on Charchar.Com, please contact
us.
By completing and sending in the accompanying registration
form, you are entering into a legal agreement with Charchar.Com
which contains all of the terms and conditions below and governs
your participation in the Charchar.Com Search Engine.
1. DEFINITIONS
For purposes of this Agreement, the following terms will have the
indicated meanings:
Search Box: The Charchar.Com graphical element containing
the Charchar.Com Logo, in which users enter search queries in order
to receive Search Results, as depicted.
Search Results: All Web pages displaying Charchar.Com's
search results, as depicted , including one or more of the Charchar.Com
Marks, in a manner and format determined by Charchar.Com in its
sole discretion.
2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Charchar.Com
grants to Affiliate a limited, non-exclusive, non-assignable, non-transferable,
non-sub-licensable royalty-free license during the term of this
Agreement to place a Search Box(es) and display the Search Results
on Affiliate's Web Site; and display the Charchar.Com Marks solely
in connection with the exercise of Affiliate 's rights under this
Agreement.
Affiliate shall apply, use, and reproduce at least one of the Search
Boxes, in the size, place, and manner Charchar.Com may indicate
from time to time, on Affiliate 's Web Site. Affiliate shall display
such Search Boxes and Search Results and Charchar.Com Marks only
in a manner that complies in all material respects with Charchar.Com's
policies in effect from time to time, and with the Charchar.Com
Usage Guidelines, and as modified from time to time by Charchar.Com
in its sole discretion.
Affiliate acknowledges that all right, title and interest in the
Search Box(es), Search Results and the Charchar.Com Marks are exclusively
owned by Charchar.Com and/or its licensors, and that no right other
than the limited license granted herein is provided to Affiliate.
Affiliate shall not assert copyright ownership or other intellectual
property ownership or other proprietary rights in the Search Box(es),
Search Results or the Charchar.Com Marks, or in any element, derivation,
adaptation variation or name thereof.
3. Charchar.Com RESPONSIBILITY
Charchar.Com shall provide Affiliate with a Search Box(es) that
will enable a user of Affiliate's Web Site to type in a search query
that will produce the Search Results. Charchar.Com shall provide
the Search Results on Affiliates's Web Site in a manner and format
determined by Charchar.Com in its sole discretion
Charchar.Com will provide Affiliate with a user ID and password
to access an on-line tool to view information about the number of
clicks that were generated from an Affiliate's web site and the
associated commission earned. Affiliate understands and agrees that
Charchar.Com pays commissions based only on clicks, or advertiser
site visits, AND THAT THE NUMBER OF SEARCH REQUESTS GENERATED
MAY NOT BE THE SAME AS THE NUMBER OF ACTUAL CLICKS. Charchar.Com
will only pay any commission, referral income and bonus money if
we are successful in getting advertisement. We are not liable to
pay any Affiliate without getting paid by advertisers. Commissions
are directly related to the advertising revenue generated by Charchar.Com.
4. RIGHT OF TERMINATION
Charchar.Com reserves at their sole discretion to terminate
any members account that is thought to have violated any of these
terms within this agreement. Any of the above terminations can be
carried out without prior notice. Charchar.Com reserves the right
to terminate any account if it is inactive for more than 45 days.
Charchar.Com reserves the right to terminate the account of any
affiliate who publicly posts derogatory and/or slanderous statements
about Charchar.Com, or any of its subsidiaries or officers and
will result in forfeiture of all monies owed and possible criminal
prosecution. Affiliates sending any hits from any URLs which contain
and/or promote the following content: warez, MP3s, ROMs, EMUs, newsgroup
postings, SPAM e-mails, or any other site which contains content
or promotes activities which are illegal in the United States will
result in the immediate cancellation of the account from which the
hits were sent. Only one affiliate account is allowed per individual.
Any artificial means of generating traffic including, but not limited
to, hit bots, multiple clicking scripts, traffic from an open proxy
server, targeting specific keywords, hidden links and incentivizing
surfers in any way or any other similar activity will result in
termination of the account, forfeiture of all monies owed and possible
criminal prosecution. Search Exchanges are strictly prohibited.
All searches MUST originate from either our home page (with your
referral ID), our portal page from one of our searchboxes located
on your website. No other form of searches are acceptable. Non compliance
will result in immediate termination of your account. All affiliates
personal information must be filled out completely to receive payment.
Any false or missing information will result in termination of the
account and forfeiture of all money owed. Charchar.Com reserves
the right to send payment throught money order to the mailing address
supplied by our affiliates if fraudulent activity is suspected.
Charchar.Com shall have the right, in its sole discretion, to determine
whether Click-thrus are fraudulent or derived from improper use
of the Search Box(es). All decisions by Charchar.Com are final.
5. LIMITATION OF Charchar.Com'S LIABILITY
In no event shall Charchar.Com's liability arising out of this
Agreement exceed the net amount payable to Affiliate under this
Agreement during the three (3) months prior to the date of such
cause. Charchar.Com shall not be liable hereunder by reason of
any failure or delay in the performance of its obligations on account
of strikes, shortages, riots, insurrection, fires, flood, storm,
explosions, earthquakes, Internet outages, acts of God, war, governmental
action, or any other cause that is beyond the reasonable control
of Charchar.Com.
6. CHANGES TO AGREEMENT
Charchar.Com may change this Agreement at any time upon
publishing a notice in Charchar.Com. Any use of the Intellectual
Property after such notice shall be deemed to be continued acceptance
of this Agreement including its amendments and modifications.
7. RELATIONSHIP OF PARTIES
This Agreement shall not be construed to create a joint
venture or partnership between the parties. Neither party shall
be deemed to be an employee, agent, partner or legal representative
of the other for any purpose and neither shall have any right, power
or authority to create any obligation or responsibility on behalf
of the other.
8. KEY WORDS AND PHRASES
Charchar.Com offers no exclusivity on keywords or phrases. Each
advertiser will be given ranking positions based upon the bid they
enter on keywords/phrases. No keyword listings shall be sent out,
doing so will result in a deletion of your account.
9. MISCELLANEOUS
The term of this Agreement (the "Terms") shall commence
on the date Affiliate agrees to the terms and conditions of this
Agreement and shall continue in force for a period of one-year thereafter,
unless earlier terminated as provided herein. This Agreement will
renew automatically for successive one-year periods until expiration
of the commercial usefulness of the Search Results, until either
party gives written notice to the other party of its intent not
to renew no less than thirty (30) days prior to the end of the previous
one-year period, or until terminated.
If you have questions, comments or suggestions, feel free to contact
us anytime.
|
|