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By signing up as an affiliate with Ezines-R-Us.com, you agree to the following Terms of Service. This agreement is by and between Ezines-R-Us.com and/or their assigns. Unless the context requires otherwise, Ezines-R-Us.com and/or their assigns shall be referred to as 'us, we, or our' and you shall be referred to as 'you, your or affiliate.' You understand that Ezines-R-Us.com/EvieB.com and/or their assigns does not guarantee or predict any type of profit or response from said services. Affiliate agrees to hold Ezines-R-Us.com harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Ezines-R-Us.com and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorney's fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. A. Services to be Provided. We agree to pay Affiliates certain commissions as described on our website for referral sales made by customers. Publishers who are listed in the Ezines-R-Us Directory and the Classified Advertising Co-Op must agree to the following terms and conditions: You agree to whitelist webmaster @ ezines-r-us.com so orders and subscriber information reaches you. If we run a test ad run and find that you aren't processing orders due to non-receipt of emails, we have the right to delete your account without notice. You agree to contact and verify each Subscriber within 48 hours of acceptance from Ezines-R-Us and publish their Ad in your Ezine-Newsletter within 4 weeks of receiving them. The customer's ad needs to be published above or below your regular free ads under the heading of Ezine-R-Us Advertiser's Ad and include a link to your affiliate URL. Please subscribe Ezines-R-Us admin to your ezine using ac2 @ evieb.com as the subscription email so we can validate ad placement. Should you have any questions regarding a specific Ad or Subscriber, you agree to contact Ezines-R-Us with the nature of your concern. You agree to add each Advertiser's SUBSCRIPTION email address to your Ezine/Newsletter list. It is entirely up to you to keep your subscribers and cultivate them to remain subscribed to your list. The Advertisers are free to unsubscribe any time after their Ad is published in your Ezine/Newsletter. Should a Subscriber unsubscribe prior to their Ad being published, you are not obligated to run their Ad. Should an Advertiser place another order in the future and use the same subscription email address, (and we do have repeat customers), you will not add them to your list again if they are still subscribed. You agree to publish any Advertiser's ad that we send you, no matter how many times they may place an order over any period of time. Should you be unavailable to publish classified orders for any length of time, you agree to login to your classified ad account and set your account to vacation mode. You also agree, to unset vacation mode when you are available to receive subscribers and orders. You agree to contact Ezines-R-Us in the event of any dispute between an Advertiser sent by Ezines-R-Us to you. You agree Ezines-R-Us is not responsible for the legitimacy or content of any advertisement. We do verify all information before submitting. You agree to provide accurate information when requested to providing Ezine/Newsletter updates. B. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote Ezines-R-Us.com in a manner that is unprofessional, unethical or inappropriate; (c) if your email address bounces or you haven't whitelisted webmaster @ ezines-r-us.com; or (d) for any reason, in our sole discretion. C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE EZINES-R-US.COM OR EVIEB.COM, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you. D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.. E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time. F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B. G. Notification of Account Changes. You agree to login to your classified ad account change details as required to notify us if your address, email address, telephone number, billing information or ezines information changes. H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail. I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation. |