1. Application Process
To apply to the Program, the Affiliate completes and submits a Program application on our site. We evaluate each Affiliate's application in good faith and notify the Affiliate of acceptance or rejection. We reject any Affiliate's application if mpGreek determine, at our sole discretion, that the Affiliate's site is unsuitable for the Program. Unsuitable sites include but are not limited to those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; violate intellectual property rights; or are associated with network abuse (including unwelcome email,
cross posting, mousetraps, spam, or respawning windows).
2. Affiliate Tracking
All customers arriving from an Affiliate's site are tracked by using browser
cookies technology. Affiliates continue to make money for as
long as the users maintains an account. To permit accurate tracking, an Affiliate must properly format the link between Affiliate's site and our site are. We give the Affiliate all necessary information to do so during the sign-up process, or within the Affiliate's online Account.
A “Qualifying Link” is a link from Affiliate’s site to mpGreek using one of the Required URLs or any other URL provided by mpGreek for use in the Affiliate Panel if it is the last link to mpGreek that the Customer uses during a Session where a sale of a product or a service to Customer occurs.
3. Commissions
The Affiliate earns 8% commission on all qualifying sales (downloads, memberships etc.)
and $0.20 for every user signup that activates its account. Specific promotions and/or specials might not qualify for commissions. If the rate of commission changes, the Affiliate will be notified by e-mail or, through mpGreek’s on-line website. mpGreek shall have the sole right and responsibility for processing all orders made by Customers. Affiliate acknowledges that all agreements relating to sales to Customers shall be between mpGreek and the Customer.
mpGreek agrees to pay Affiliate the commission specified in the Engagement if mpGreek sells to a visitor to mpGreek (a “Customer”) a product or service that is the subject of the Engagement and if that Customer has accessed mpGreek and purchased the product or service via a Qualifying Link.
4. Pay Periods
Commissions are paid at the beginning of each fiscal quarter for the previous, once reaching $100. For security reasons, payment is made by check or PayPal only. Payments are mailed or sent within 15 days following each period.
5. Policies and Items Pricing
Customers who buy products through this program are deemed customers of mpGreek. Accordingly, all mpGreek rules, policies, and operating procedures concerning orders, service, and sales apply. Our policies and operating procedures may change at any time. For example, prices and availability of mpGreek products sold under this program may periodically change in accordance with our own pricing policies, and thus affect products already listed on an Affiliate's site. Therefore, no price information should be featured on Affiliates' sites, since mpGreek cannot guarantee the availability or price of any particular product listed there.
6. Responsibility for the Affiliate's Site
The Affiliate is solely responsible for the development, operation, and maintenance of his site and its content. It must be legal, not violating or infringing on the rights of any third party, including for example, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim any and all liability for Affiliate violations, and further stipulate that all Affiliates will indemnify and hold us harmless from all claims, damages, and expenses (including, attorney and other legal fees) relating to the development, operation, maintenance, and content of Affiliate sites. Finally, all Affiliates acknowledge that mpGreek® and mPOD® are trademarks of Greased Networks Inc, a corporation based in New York, USA.
7. Spam
The Affiliate is aware that any form of Spam is forbidden. Accounts associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows) and/or fraudulent activity (such as use of stolen credit cards, etc.) may be suspended and closed without notice. Affiliates who submit mpGreek pages with their affiliate nickname in the URL to natural search engines such as Google®, Yahoo®, MSN and similar will not earn any commission from those links and will be banned permanently from our network.
8. Terms of the Agreement
The terms of this Agreement begin when mpGreek accepts an Affiliate's Program application, and will end when terminated by either party at any time, with or without cause, by giving the other party written notice of termination.
9. Modification
We may modify any terms and conditions contained in this Agreement at any time and at our sole discretion by posting a change notice or a new agreement on our site. Modifications may include for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, AFFILIATE'S RECOURSE IS TO TERMINATE THIS AGREEMENT. THE CONTINUED PARTICIPATION OF AFFILIATES IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
10. Termination
Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day’s prior written notice of such termination to the other party.
11. 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 mpGreek have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
12. Indemnification
Affiliate agrees to indemnify, defend and hold harmless mpGreek and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
13. Confidentiality
Except as otherwise provided in this Agreement or with our prior written consent, Affiliate agrees that all information including, without limitation, the terms of this Agreement, mpGreek’s business and financial information, its customer lists, and its pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by Affiliate for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than Affiliate. Affiliate may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process. mpGreek shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting mpGreek’s sites (”Customer Data”) which is collected by mpGreek, including without limitation, customers who access mpGreek’s sites through Qualifying Links, and Affiliate shall have no right to use any such Customer Data.
14. Privacy
Affiliate shall not send out any emails, directly or indirectly, that advertise or promote mpGreek, it products, services, web sites or Offers without mpGreek’s prior express written consent. Affiliate agrees not to send any email or other form of electronic message or advertisement containing mpGreek’s name, product or service, web site address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from Affiliate or Affiliate has a pre-existing business relationship with the recipient. In addition, Affiliate agrees to provide a recipient of such communication with the ability to “opt out” of further communications from Affiliate either by calling a toll free number or by sending an “unsubscribe” email to Affiliate.
15. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program, including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, mpGreek make no representation that the operation of our site will be uninterrupted or error-free, and are not liable for the consequences of any interruptions or errors.
16. Miscellaneous
This Agreement is 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 a Federal or State court located in New York State, and the Affiliate irrevocably consents to its jurisdiction. No Affiliate may 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 remain enforceable against the parties and their respective successors and assigns. Our failure to enforce Affiliates' strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce that provision, or any other provision of this Agreement.
THE AFFILIATE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS.