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Normal Account: FREE, limited ONE program
Advanced Account: US$50.00, one-time fee, unlimited programs
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Terms & Conditions
EnjoyClicks Merchant Terms and Conditions: This Merchant Service Agreement (the "Agreement") is made by and between EnjoyClicks (EnjoyClicks.com), an Australia based affiliate network, and you, the Merchant user of EnjoyClicks service ("You", "Your", "Merchant"). To be an authorized Merchant of EnjoyClicks, You must agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the EnjoyClicks Service as a Merchant. By signing up for EnjoyClicks, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the EnjoyClicks Service. PRIVACY POLICY EnjoyClicks respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your Company. We will not, under any condition, sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private and confidential. If You have any questions about Your privacy rights, contact us at Support@EnjoyClicks.com The Merchant Service Agreement is summarized as follows: Affiliates put your banners on their sites, or within the content of their newsletter. You may not dictate where the Affiliates place their banners. If you are unhappy with an Affiliate, or feel that they are not suited for your site, you may remove the Affiliate from your program. EnjoyClicks will pay your affiliates, using the money in your EnjoyClicks account The following types of sites are not allowed to participate in EnjoyClicks: adult sites, sites that display adult banners, sites that promote violence, bigotry, or hatred. You agree that EnjoyClicks, although the provider of the Service, has no responsibility or liability as a result of placement of authorized Links to Your site Any rewards given to affiliates must be done through EnjoyClicks. All offers that you promote on our network MUST be from your own site if you are paying per lead and pay sale transactions. You may NOT promote other affiliate offers unless you are paying on a pay-per-click basis. For example, if you place a banner promoting an offer that is off of your site, and do not own that site, you cannot promote that offer. This is considered fraudulent activity, and your account is subject to immediate termination, with NO refund of any fees or deposits that you have paid to EnjoyClicks. EnjoyClicks will make every effort to distinguish and crush fraudulent affiliates and links. However, you should monitor your affiliate program closely, and notify us immediately if you feel a fraudulent practice is being used. If it is found that the necessary tracking code has been removed from your site, as "The Merchant", EnjoyClicks has every right to terminate your account and you will be deprived of your remaining EnjoyClicks balance. You must not SPAM. Any occurrence of SPAM can and will result in termination of your EnjoyClicks account, and revoking of future privileges. You will lose your EnjoyClicks balance. You must not use the EnjoyClicks service to contact your affiliates about anything other than the content of your own merchant program that you are running on EnjoyClicks. If it is found during the initial setup process that our software will not work with your website configuration, we will refund all setup fees and deposits to your account. If you choose to cancel before becoming active, for any other reason besides software incompatibility (as determined by EnjoyClicks), we will refund your setup fee and deposit, minus a $10 return fee. Once your site goes active on the EnjoyClicks service, there are no refunds of the setup fee allowed. If you choose to cancel after going active, only your deposit (used to pay your affiliates) will be returned to you after the expiration of your "Tracking Gap", as determined by your setup (minimum of 30 days). If it is found that the necessary tracking code has been removed from your site, as "The Merchant", EnjoyClicks reserves the right to end your account and you will lose your remaining EnjoyClicks balance. Definitions "Affiliate" is the site that is rewarded or paid a commission for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the EnjoyClicks Service to facilitate applications, tracking, reporting, and receipt of commission payment. "Merchant" is the site that rewards or pays a commission for a legitimate sale, lead, click, or other measurable action by a Visitor, and uses the EnjoyClicks Service to facilitate sign-ups, tracking, reporting, and issuance of commission payment. "Performance Marketing" occurs when e-businesses ("Merchants") and individual web sites that generate their own traffic ("Affiliates") associate with each other to drive traffic to the Merchant's site and then the Merchant pays a reward when the Visitor Referral results in a sale, lead, click, or other measurable action. "Visitor" refers to any person or user that clicks on a Link on the Affiliate's site that leads to Your Website. "Sale commission" refers to the Payout that You agree to pay for Visitors referred to Your Website which results in a sale of a product or service. The sale could occur at the time of the visit or at a later time (not exceeding 30 days). If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Lead commission" means the Payout that You agree to pay for Visitors referred to Your site which results in the Visitor performing an action defined by You. Such an action could include filling a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Click commission" means the Payout You agree to pay for a valid click from an Affiliate Partner's site to Your site that results in Your Website being visible to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time. "Payout" means the amount sale commission, lead commission, or click commission established and agreed upon by EnjoyClicks and You. The Payout may be expressed as a set amount or as a percent of sales. "Commission" means the amount sale commission, lead commission, or click commission established and agreed upon between EnjoyClicks and You. The Commission may be expressed as a set amount or as a percent of sales. "Link" means a hyperlink placed on an Affiliate's site that, when clicked on, serves Your Website to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or any other format acceptable to You, and defined only through Your program on EnjoyClicks. "VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by You. You may VOID transactions that are fraudulent, or in cases of returned merchandise, duplicate transactions, or other valid reasons. "Your Account" means a separate, specific account within the Service that is debited based on Your Commissions and Commissions paid to EnjoyClicks. The Service EnjoyClicks has developed and operates a service (the "Service") which allows Websites to run and/or participate in Performance Marketing programs. You wish to become a Merchant of EnjoyClicks and utilize the Service as a Merchant. As a Merchant of EnjoyClicks third party organizations, called Affiliates, will be establishing relationship with you. All relationships established between You, the Merchant, and EnjoyClicks Affiliates, will be conducted and managed through the Service. Link Placement As a Merchant of the Service, you may not dictate where the Affiliates place their banners. If you are unhappy with an Affiliate, or feel that they are not suited for your site, you may remove the Affiliate from your program at any time. Affiliate Payment EnjoyClicks will pay your affiliates, using the money in your EnjoyClicks account. Affiliates receive a Commission for sending You authorized sales, leads, and/or clicks via Your Links. Payments are made on the first(1st) day of each month when the Affiliates' account balance reaches US$25.00 or more for the previous months' transactions. Service And Support EnjoyClicks will provide support for the Service as indicated on the site of EnjoyClicks. Email Contact EnjoyClicks reserves the right to send an email to You for informing you of applicable changes or additions to the Service or any EnjoyClicks related products and services. Changes to the Service EnjoyClicks reserves the right to change, modify, add or remove portions of this Agreement at any time and may make additions, changes, suspensions or discontinue any aspect of the Service at any time. In the event of any material change, EnjoyClicks will notify You via e-mail, newsletter or the EnjoyClicks Website at least 7 days prior to any such changes taking effect. In such a situation, You may either agree to such changes or withdraw from the Service. Registration In order to sign up as a Merchant of EnjoyClicks and to use the Service as a Merchant you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. The following types of sites are not allowed to participate in EnjoyClicks: adult sites, sites that display adult banners, sites that promote violence, bigotry, or hatred. Sites that promote illegal activity, including but not limited to cracking, and hacking sites. As part of the registration process, You will select a username and password combination that You use to access Your Merchant area within the Service. You shall provide EnjoyClicks with accurate, complete and updated registration information. You may not select the name of another person with the intention to impersonate that person or deceive members or other users as to Your true identity. You agree that EnjoyClicks may rely on any data, notice, instruction or request furnished to EnjoyClicks by You which is reasonably believed by EnjoyClicks to be genuine and to have been sent or presented by a person reasonably believed by EnjoyClicks to be authorized to act on Your behalf. You shall notify EnjoyClicks by e-mail at Support@EnjoyClicks.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by EnjoyClicks and referral to the appropriate law enforcement agencies. Accepted Use You represent to EnjoyClicks that all the content You provide to the Service is solely owned by You or provided by You with the express authority of the company. The content, You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as a Merchant of the Service any content or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent, or violates any law. As EnjoyClicks may not review all information provided by You, You shall remain solely responsible for Your content and website. You must not SPAM. Any occurrence of SPAM can and will result in account termination, and forfeiture of account balance. Limited Warranty The service, its operation, its use and the results of such use shall be performed in a workmanlike manner. to the fullest extent permissible pursuant to applicable law, EnjoyClicks disclaims all warranties express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, in relation to the service, its use and the results of such use. without limiting the foregoing, EnjoyClicks specifically disclaims any warranty (a) that the service will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you. EnjoyClicks will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Merchant understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold EnjoyClicks liable for any of the consequences of such interruptions. Merchant shall have no liability for unauthorized access to, or alteration, theft or destruction of any website of affiliate or affiliate customer data files or systems or programs through accident, fraudulent means or devices. Merchant shall have no liability with respect to merchant obligations hereunder or otherwise for consequential, exemplary, special, incidental or punitive damages even if the Merchant has been notified of such damages. Any liability of Merchant hereunder shall be limited to the revenue earned by Merchant as a direct result of this agreement. Limitation of Liability EnjoyClicks or its suppliers or resellers or merchants shall not be liable to you or any other person for (i) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the EnjoyClicks service or any information provided on the EnjoyClicks web site or any other hyperlinked website, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if EnjoyClicks or an EnjoyClicks authorized representative has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyperlinked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you. In such jurisdictions, EnjoyClicks's liability is limited to the smallest amount permitted by law. This paragraph will survive the failure of any exclusive or limited remedy. You agree that EnjoyClicks although the provider of the Service, has no responsibility or liability as a result of placement of authorized Links to Your Website, from the Affiliates, jointly and severally agree to indemnify, defend, and hold harmless EnjoyClicks and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. EnjoyClicks agrees to indemnify, defend, and hold harmless the Merchant and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to EnjoyClicks's negligence or willful misconduct in performance of the Services or its breach of this Agreement. Non-Disclosure EnjoyClicks acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your Company. EnjoyClicks agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of EnjoyClicks, that becomes available to EnjoyClicks from third parties without knowledge by EnjoyClicks of any breach of fiduciary duty, or that EnjoyClicks had in its possession prior to the date of this Agreement. EnjoyClicks does not collect information about a Merchant's customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. EnjoyClicks reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as EnjoyClicks deems appropriate. Ownership and Licenses You, the Merchant, are granted a non-exclusive, limited, revocable right to use provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of EnjoyClicks, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain EnjoyClicks's sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. Representations EnjoyClicks makes no representations whatsoever about any other Website which You may access through the Service. In addition, a link to a non- EnjoyClicks Website does not mean that EnjoyClicks endorses or accepts any responsibility for the content or the use of any such Website. Non-assignability Merchant or EnjoyClicks may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. Force Majeure Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. Miscellaneous This Agreement represents the complete conformation concerning this license and may be amended only by a writing executed by both parties. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those in your purchase order. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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