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Terms and Conditions
AvantLink Terms of Use Agreement for Affiliates
Affiliates Merchants

Welcome to the AvantLink.com web site (herein also known as "the Site") operated by Avant Marketing Group, Inc. (herein known as "the Network"), a Utah Corporation. We maintain the Network as a service to our client users ("Affiliates" and "Merchants"). By using the Network, you (herein also known as "Affiliate(s)") agree to comply with and be bound by these Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use the Network.

Introduction

By use of the Network and the Site, you agree to the terms and conditions outlined in this Terms of Use Agreement for Affiliates ("Affiliate Agreement"). This Affiliate Agreement constitutes the entire agreement between you and the Network, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Network, and the subject matter of this Affiliate Agreement. The current Affiliate Agreement will remain posted at this location at all times.

Terms of Use Summary: Terms of Use Changes

The network reserves the right to update, suspend, discontinue, change or otherwise modify this Terms of Use Agreement for Affiliates at any time. When changes are made, notification will be made through the Site, network blog or email (if Affiliate is opt in). At that time Affiliate may either agree to notified changes or withdraw from the Network.

Your Privacy

The network will never use or share personally identifiable Affiliate information in ways unrelated to the ones described in our Privacy Policy. The network will never willfully sell, lease, or rent any Affiliate or business' personally identifiable information to any third party.

Affiliate Registration

To actively participate in the Network as an Affiliate you must be at least 18 years of age, and supply your tax classification. If requested by the Network, you must supply a valid tax identification number, which would be a social security number for individuals or a federal tax identification number for corporations and/or entities.

Limited Right to Use

The using, printing, viewing, or downloading of any graphic, content, form or document from the Network grants Affiliate only a revocable, nonexclusive license for use solely by Affiliate for purposes limited to the uses for the Network, and by Affiliates who have agreed to this Affiliate Agreement. All other uses of the Site will be as is reasonably required to view content and navigate through the pages and links available to the public using a standard Internet browser. None of the programs, content, forms, graphics or documents shall be used for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be incorporated into any information retrieval system, other Affiliate network system, or any other system that is not owned by the Network.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Network and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Network and the Site, except as allowed under "Limited Right to Use" above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Network or the Site.

Warranty and Disclaimer

The network warrants the computer programs, information and other content available on the Site provided for the Affiliate, are accurate and functional "as-is" to the best of the Network's ability. ALL OTHER WARRANTIES ARE DISCLAIMED. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF USAGE.

Limitation of Liability, Indemnification

Neither the Affiliate nor the Network will be liable to the other for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by the other arising as a result of or related to the performance of the Network programs, accuracy of content or the Site information, whether in contract, tort or otherwise, even if the other has been advised of the possibility of such loss or damages. Affiliate will indemnify and hold the Network harmless against any claims incurred by the Network arising out of or in conjunction with breach of this Affiliate Agreement, as well as all reasonable costs, expenses and attorneys' fees incurred therein.

Links to Other Web Sites

The Network and Site may contain links to third-party web sites. The network does not control or monitor such web sites on a regular basis. The network is not responsible for the computer programs available from, content in or opinions expressed at such web sites. The network provides such third-party links only as a convenience to visitors and Affiliates to the site, and the inclusion of a link does not imply approval or endorsement of the linked site by the Network. If you decide to leave the Site and access any third-party web site, you do so at your own risk.

Merchant Trademarks & Copyrights

Any Affiliate of the Network using PPC to drive merchant traffic may not bid on any merchant's trademark, company or domain names, or any variations/misspellings of those company names or trademarks. Affiliates may not represent themselves as the merchant in PPC campaigns unless consent is given by the merchant. Earnings that originate from a trademark, company or domain name bid violation are subject to withholding.

Network Affiliate Cookies

Network tracking cookies set by Affiliate end-user clicks, through campaigns and tracking links of any kind provided by the Network, must be the direct result of an end-user outbound click, whether from a web site, PPC campaign, newsletter or email. Forced clicks or practices otherwise known as cookie stuffing are against this Affiliate Agreement.

Merchant Brand Representation

The Network prohibits Affiliates from representing themselves as the merchant by any means, or from using any web programming code or techniques to frame the merchant's site within an end user's browser. If an Affiliate chooses to frame merchant's sites it must be with merchant consent before doing so.

Traffic Generation

Merchant advertising creative or tracking links supplied by the Network may not be placed within any 3rd party advertising platforms or technology including, but not limited to, desktop applications, browser helpers, browser plug-ins, toolbars and pop ups/sliders or pop unders. Technology or software that knowingly or unknowingly undermines another Affiliate's tracking capability by altering, intercepting or redirecting an Affiliate link is strictly prohibited. The installation of ANY third party application, knowingly or unknowingly by the end user, by an Affiliate of the Network, will result in the immediate termination of that Affiliate account.

Email Marketing

Affiliates who choose to promote merchant products or offerings by way of email lists must comply to CAN-SPAM Act legislation and the applicable regulations governing email marketing. The CAN-SPAM Act, which became effective January 1, 2004, covers email whose primary purpose is advertising or promoting a commercial product or service, including content on a web site. To be in compliance, all marketing emails must 1) not include false or misleading header information, 2) avoid deceptive subject lines, 3) give all recipients a functional opt-out method, and 4) be identified as an advertisement and include the email sender's valid physical postal address.

Press Releases and Information

From time to time the Network will contain certain press releases, testimonials, interviews and discussions (collectively, "Information") about us, our business and services, including links to certain third-party websites that may contain such Information. While all Information on the Site is believed to be accurate when prepared, the Network disclaims any duty to monitor or update any such Information. Statements regarding other companies other than the Network in such Information, should not be relied upon as being accurate or endorsed by the Network.

Communications

Certain communications, information and materials that you submit shall be considered non-confidential. By submitting such communications, information and materials to the Network, you are representing that you have rights to enter into this Affiliate Agreement, that the Network is free to use all or part of the content of any such communications on an restricted basis without the obligation to notify or compensate you. The Network prohibits the scraping of email addresses from any Network site. The Network expressly prohibits and opts out of any electronic mail messages that were obtained in violation of the foregoing or by use of automatic address-generation programs.

Non-Affiliate Owned Web Properties

With the exception of pay per click search engine marketing, Affiliates may only promote merchants on web properties they own or operate. Affiliates are prohibited from placing tracking code from the Network, in or on all third-party web properties including, but not limited to, forums, message boards, social networks, user groups, blog comment areas, and classified services, unless consent is given from, or through the third-party web properties terms of use.

Affiliate Transparency & Disclosure

Affiliates, at the request of the Network, must disclose and provide accurate information on business models and online or offline promotional techniques used to drive traffic and sales on behalf of their merchant partners. Failure to provide transparency may result in the suspension of an Affiliate account until such disclosure is made.

Participating Sites

The following sites will not be accepted by the Network: Incomplete sites, parked domain names, sites with limited or no value added content, sites that promote hatred, bigotry, violence or adult-oriented material, gambling or online gaming services, get rich quick schemes, and any other sites otherwise centered around illegal or unethical activity. The Network reserves the right, in its sole discretion, to determine whether or not any Affiliate applicant's site meets the acceptable use guidelines of this Affiliate Agreement.

Affiliate Payment

All relevant payment and commission tracking statistics are collected, calculated and stored by the Network, and will be the only valid statistics used in determining Affiliate commissions through all merchant promotional campaigns and activity in the Network. Affiliates will be compensated based on the threshold payment amount they define ($25, $50, $100, $200 or $500) in the 'Contact/Payment Information' section of the Account Administration Menu for Affiliates. All Affiliate payments will be distributed in USD currency only.

Accepted Use

Affiliates must comply to all accepted terms of use as defined in this Affiliate Agreement. Network provided technology and scripts can not be altered from the way they are packaged and delivered. Affiliates may not artificially inflate traffic or click counts to merchant sites using any device, program, script, robot or any other fabricated means. Affiliates cannot publish or otherwise promote any content, or site, which is libelous, obscene, pornographic, abusive, fraudulent or in violation of any law.



First Published: November 1, 2005
Amended: August 15, 2007