This Agreement contains the complete terms and conditions that apply to your participation as a member of the Star Click$
Webmaster Program operated by AGISB. As used in this Agreement, “you” or “your” means the
applicant/participating member.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AGISB. UPON BECOMING A MEMBER YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND
THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU
AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH
AND EVERY TERM HEREOF.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed application through our website http://www.starclicks.com.
We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your
application if we determine that you have provided inaccurate or incomplete signup information, determine that you are
under 18 years of age or determine that your site is unsuitable for the Program for any reason,
including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing
or otherwise objectionable, such as sites that facilitate illegal activity or promote violence. You must be at least eighteen
(18) years of age to participate in this Program.
2. Creating Links on Your Site.
As an affiliate website of AGISB, you may use any form of promotion you choose, consistent
with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site.
You are not allowed to employ deceptive language or misleading URL’s in the Links and you it is forbidden to promote the Program
using unsoliceted bulk emails. Any activity by you or on your behalf that we determine or reasonably suspect to be the
result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting
of monies otherwise due you hereunder. (For further guidelines on this topic, please see Section 5, below.) Allowable
promotional links may contain AGISB’s trade names, service marks, and/or logos for display on your Affiliate Site.
Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access
and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and
exclusive purpose of promoting websites owned, operated or controlled by AGISB. In utilizing the Links, you agree that you
will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified
with our consent.
3. Commissions.
The Program currently uses one form of commission payout: (a) payout based on revenue sharing
(a) Rev Share (Star Click$): We will pay you a percentage of all revenue earned from a subscribers membership. The percentage will be paid recurring as long as the subscriber stays member.
Current Payout Percentages:
- Referred Sales US$ 0-249 = 50%
- Referred Sales US$ 250-499 = 52.5%
- Referred Sales US$ 500-999 = 55%
- Referred Sales US$ 1000-1499 = 60%
- Referred Sales US$ 1500-1999 = 65%
- Referred Sales US$ >2000 = 70%
The Commission Rate is subject to change from time to time, upon e-mail notice to you. Note that a commission will only be
paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No
commission will be paid if the visitor’s payment to our site cannot be tracked directly to your site by our system or if
full payment for services is not made to us by the customer. No commission will be paid for signups by you or anyone within
your organization.
4. Commission Payment.
Commissions due and owing to you under the Program will be paid to you directly by CCBill our billing company weekly, bi-weekly
or monthly depending on your affiliate settings.
Payments due and owing to you for a pay period of less than $25.00 will be rolled over into subsequent
payment periods until at least $25.00 is reached, at which time you will receive payment. Payments will be in the form of
a check in US dollars payable to you, as identified in your application, and will be mailed to the street address indicated
in your application. You may request and receive payment via bank wire transfer, provided, you pay the costs associated with
the wire. Payment via wire is available only if CCBill offers this payment option. If you dispute the manner or
amount of calculation of your commission with regard to any given payment period, you must inform AGISB within sixty (60)
days of said payment, otherwise you are deemed to have waived your right to challenge said payment calculation.
5. ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS
The marketing of websites promoted by this Program is strictly prohibited if done through the transmission of unsolicited
bulk email. In other words, you must have a prior business relationship with the e-mail recipient, including but not limited
to having obtained their e-mail address through a verifiable opt-in procedure. We strongly encourage you to maintain
electronic records of the manner in which you obtain e-mail addresses for use in mailings. This is because, if we receive
a complaint from a person who received a promotional e-mailing from you, you will need to demonstrate to us that such person
did not receive unsolicited bulk e-mail from you. We also strictly prohibit you from transmitting e-mail that makes use of
or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
We also strictly prohibit you from transmitting e-mail that is relayed from any third party's mail servers without the
permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail.
The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and
criminal penalties against the sender under applicable federal and/or state law.
We do NOT authorize the harvesting or collection of screen names from any ISP service for the purpose
of sending unsolicited e-mail, and will terminate without pay any webmaster determined to have transmitted bulk emails
advertising any websites marketed through this Program to lists gathered by such methods.
Should we determine, in our sole discretion that you have violated this AUP, be assured that you will be terminated
immediately, will be ineligible to sign up for another account, will not be paid for any traffic or subscriptions generated
prior to the date of termination; and your registration information may be turned over to complaining parties.
6. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks.
You grant us a non-exclusive license to utilize your names, titles and logos or trademarks to advertise, market, promote and
publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to
so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of
the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated
herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other
instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright,
or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the
expiration or termination of this Agreement.
7. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that
appear on your site. You are not AGISB’s agent, and we shall have no responsibility for the development, operation and
maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that
materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section
2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or
proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have
express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use
another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will
immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited bulk e-mail (see Section 5, above), IRC postings, forged header mailings or any other form of mailing,
including but not limited to, newsgroups or AOL customers or otherwise violate the anti-UBE policies of ISPs or state law;
- Provide inaccurate or incomplete information to AGISB concerning your identity, bank account, address or other required
information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions or content of our sites or your sites;
- Own or operate a website in connection with a person who is under 18 years of age
8. Test Joins
Star Click$ does not pay for affiliate test joins. We have no problem with you testing your account by joining yourself.
But you must notify Star Click$ by Email. Please Email us the site, date and username you joined with, so we can cancel
the join and payment.
9. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program 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 e-mail address on our records, is considered sufficient notice for to
terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not
eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this
Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term
of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are
not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
10. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice
of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement,
is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.
Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules,
payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as
provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate
this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new
agreement on our site, will constitute binding acceptance of the change.
11. Relationship of Parties.
You and AGISB 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. You are not an agent of AGISB and AGISB expressly disclaims
responsibility for any conduct by you in violation of our terms of agreement.
12. 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 Affiliate Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total
commissions paid or payable to you under this Agreement.
13. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program. 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.
14. 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. Should any law enforcement agency or internet service provider provide AGISB with notice that you have
engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation
of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your
activities including disclosure of your account information in connection therewith.
15. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we
consider to be confidential. For purpose of this Agreement, the term 'Confidential Information' shall include, but not be
limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your
site and not generally available to other members of the Affiliate Program. Also included is Website, business and financial
information relating to AGISB, customer and vendor lists relating to AGISB and any members of the Affiliate Program, other
than you. Confidential Information shall also include any information that we designate as confidential during the term of
this Agreement. You agree not to disclose any Confidential Information to other parties during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential
Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential
Information, you shall immediately inform AGISB and AGISB shall have the right, and be given the opportunity, to obtain a
protective order to prevent disclosure of such Confidential Information.
16. Indemnification.
You hereby agree to indemnify, defend and hold harmless AGISB, its shareholders, officers, directors, employees, agents,
affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense
(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 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 promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to
your site.
Any additional questions or comments please contact admin @ starclicks.com .