THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Citynews, Inc BY CLICKING ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE AGREEMENT YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF.
1. Order Processing
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site(s). We will process ad orders placed by customers who follow the Links from your site to the affiliated sites. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, , cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make reports, summarizing this sales activity, available to you through our site. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.
2. Commisions
We will pay you commissions of 30% of the sale per new order. Only ads for which Citynews has received full payment will qualify for a commission. A commission will only be paid if the visitor to our site is tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system. Citynews, Inc will send a commsion check for the applicable commssions on the tenth day of each month for the activity from the previous month. If an ad is cancelled and and money is refunded to the customer, that commsion will deducted from the next monthly payment.
3. Tracking of Sales
The Applicant (you) will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. You may add as many links, or remove such links, at anytime and without prior approval from Citynews.
54 Policies
Citynews, Inc rules apply to all orders: Every customer who buys a product through this program is deemed to be a customer of Citynews. You do not have the authority to make or accept any offer on behalf of Citynews. Citynews is not responsible for any representations made by the you that contradict our rules.
Zero tolerance Spam Policy:
Citynews does not toerate SPAM ! You could be sued
by us!
YOU MAY NOT Promote Citynews with SPAM!
SPAM is defined as one or more commercial or noncommercial
unsolicited electronic
messages. You may not reference your Citynews website in any
unsolicited
electronic messages. You may not do anything that would cause
people to complain
about your advertising practices.
If your account is canceled for SPAM, your license to promote
Citynews will be
permanently revoked and all commissions due to you will be
forfeited.
You have been Warned.
5. Pricing and availability
Ad prices and availability may vary from time to time. In case of any price discrepancies, the price charged to the customer will always be the price listed on Citynews pages linked from your sponsoring website. We cannot guarantee the availability or price of any particular Ad Feature
6. Copyrighted and Trademarked material
You are solely responsible for ensuring that your website obeys all applicable copyright, trademark, and other laws. Citynews mwill not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
8. Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated for cause by Citynews, all your commissions are forfeit.
8. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion.
10. Relationship of Parties
You and Citynews are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
10. Limitation of Liability
We will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or our performance of services or of any other obligations relating to the Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
You hereby agree to indemnify, defend and hold harmless city News, Inc its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by you herein or (iii) or any claim related to your site.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Product or other items sold through CityNews.com (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power have been duly authorized by all requisite action on your part require the approval or consent of no other persons and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
13. Indemnification
You hereby agree to indemnify, defend and hold harmless CityNews.com its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by you herein or (iii) or any claim related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CITYNEWS INC. COM BY CLICKING ON THE "I AGREE" LINK AT THE END OF THIS AFFILIATE JOIN FORM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF