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Terms and Conditions
	Defense Soap LLC Corporate Affiliate Agreement INTRODUCTION You ("Publisher" or "you") and Defense Soap, LLC, a Cleveland Corporation, 13000 Athens Ave. Suite 350, Lakewood, OH 44107. Tel: 440-799-4330 ("Defense Soap") have each entered into a service agreement with Defense Soap, LLC. Publisher has entered into a "Publisher Service Agreement" with DEFENSE SOAP for its participation in the Network Service. This Defense Soap Corporate Affiliate Agreement ("Affiliate Agreement") is applicable to Publisher's membership in the Defense Soap Corporate Affiliate "Program" (as defined in the Publisher Service Agreement) and modifies certain terms and conditions of the Publisher Service Agreement with respect to Publisher's participation in Defense Soap’s Affiliate Program only. Publisher acknowledges that it may participate in Defense Soap’s Affiliate Program only under the terms and conditions set forth below, and that subsequent to Publisher accepting this Affiliate Agreement, Defense Soap will, in its sole discretion, determine whether or not to accept Publisher into Defense Soap’s Affiliate Program. If Defense Soap rejects Publisher's application, Publisher may reapply to the Program upon compliance with this Affiliate Agreement and correction of the basis for rejection. Any Defense Soap content, trademarks, logos, service marks, trade dress, slogans, copyrighted or other proprietary material, or links contained therein, that are authorized by Defense Soap to be provided to Publisher through the Network Service is considered "Defense Soap Content." AGREEMENT For value received, Publisher covenants to DEFENSE SOAP and Defense Soap as follows: 1. INCORPORATION The introductory paragraph above is incorporated herein, and any capitalized term herein that is not defined will have the meaning set forth in the Publisher Service Agreement. 2. ORDER OF PRECEDENCE In the event of an inconsistency between the Publisher Service Agreement and this Affiliate Agreement, this Affiliate Agreement will control. 3. ONGOING COMPLIANCE Publisher's continuing compliance with this Affiliate Agreement is a condition of continuing participation in the Program. Defense Soap reserves the right to review and audit Publisher's Web site and/or advertising practices from time to time to determine if Publisher is in continued compliance with this Affiliate Agreement. Publisher's Web site must be and remain fully functional. Defense Soap may reject or terminate Publisher if its Web site is not live, is "under construction", or if Publisher's Web site is a personal homepage or personal Web site. 4. COMMISSION Publisher will be paid the Commission set forth in the Publisher Application and Program Terms as determined by Defense Soap and displayed on the Network Service at the time of the qualifying transaction, according to the terms set forth in the Publisher Service Agreement. Publisher acknowledges that notwithstanding anything to the contrary in the Publisher Service Agreement, there may be up to 14 days of delay between the reporting of the qualifying transaction and the reporting of Publisher's commission through Publisher's Account page in the Network Service, and adjustments for chargebacks may be made up to 40 days after the reporting of the qualifying transaction. 5. ADULT CONTENT AND OTHER UNACCEPTABLE CONTENT Publisher may not post adult-oriented content on any page on which the Defense Soap Content appears. Defense Soap considers content to be "adult" if it contains nudity or obscenity, sexually explicit, pornographic, or lewd material, or is otherwise intended for sexual gratification or is inappropriate for minors, as determined in Defense Soap’s Affiliate sole discretion. Publisher may not post any offensive content or incorporate images or content that is in any way harmful, threatening, obscene, harassing or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as determined in Defense Soap’s Affiliate sole discretion. 6. USE OF DEFENSE SOAP CONTENT; PROHIBITED ACTIVITIES Notwithstanding Section 4 of the DEFENSE SOAP Publisher Service Agreement entitled, "Proprietary Rights and Licenses", Publisher agrees that it is sublicensed only the exact Defense Soap Content provided by Defense Soap through the Network Service and only in the form and manner available from and as specified in the Network Service. Publisher is not granted any other rights to use any intellectual property of Defense Soap. Defense Soap shall have complete discretion to evaluate Publisher's use and to decide whether that use violates any applicable terms and conditions of this Agreement or any provision of law. (a) Publisher may not distribute, transfer, sublicense or otherwise use Defense Soap Content in any manner which is not specifically authorized by this Affiliate Agreement or which is inconsistent with any term of this Agreement or provision of law. (b) Publisher acknowledges that Defense Soap owns and will retain all right, title, and interest in the Defense Soap Content, including, without limitation, any proprietary rights which may be developed in the future. Publisher's use of Defense Soap Content inures exclusively to the benefit of Defense Soap, and Publisher obtains no rights in Defense Soap Content via Publisher's use thereof. (c) Publisher will ensure that the presentation of the Defense Soap Content is consistent with Defense Soap’s Affiliate own use of the Defense Soap Content in comparable media. Publisher promptly and at Publisher's expense will make any changes to its use of the Defense Soap Content as are requested by Defense Soap. (d) Publisher will not make any material alteration, and will not remove or modify any trademark, service mark, or privacy policy link or other notices from the Defense Soap Content. Publisher will use best efforts to replace any Defense Soap Content displayed on its site with any new Defense Soap Content provided by Defense Soap immediately after receiving notice from Defense Soap or from the Network Service of the new Defense Soap Content, but in no event more than within 30 days after receiving notice from Defense Soap. (e) Publisher will not present or use Defense Soap Content that, in Defense Soap’s Affiliate sole discretion: (i) could be interpreted to suggest Publisher's editorial content has been authored by, or represents the views or opinions of Defense Soap, or Defense Soap’s Affiliate representatives; (ii) in a manner that is misleading, defamatory, libelous, obscene, or otherwise objectionable; (iii) in a way that infringes, derogates, dilutes, or impairs the rights of Defense Soap or any third party; (iv) as part of a name of a product or service of a company other than Defense Soap; or (v) in any other manner inconsistent with any term of this Agreement or with any provision of law. (f) Publisher may bid on search terms available from Web sites, search engines or other directory or referral services (e.g., Defense Soap Search Marketing, Google, etc., collectively "Search Engines"), provided that (i) Publisher's search terms, listing titles and descriptions, and the content of their Web sites do not violate the trademark, copyright or any other rights of Defense Soap or any third party, as determined by Defense Soap in its sole discretion; and (ii) Publisher complies with the following guidelines, as determined by Defense Soap in its sole discretion: • Publisher Ads shall not not bid not be displayed in response to a keyword query containing “Defense Soap” or any other Defense Soap trademark, nor any confusingly similar term, and Publisher will not be paid for any transactions resulting from any such keyword or any phrase containing such keyword (including but not limited to Google, Yahoo, MSN, etc. ). Publisher may be required to employ negative keyword matching to prevent violation of this guideline. • if Publisher bids on permitted keywords not in combination with Defense Soap’s Affiliate trademarks, then all such advertising placements must comply with the Terms of Service for the Search Engine that will serve the advertising (g) Publisher's site shall not in any way copy or resemble the look and feel of the Defense Soap’s Affiliate site, nor shall Publisher create the impression that your site is a part of the Defense Soap’s Affiliate network of sites. You shall not use Defense Soap’s Affiliate trademarks, or any variation or misspellings thereof, in your URL, company name, business name or site name. You shall not scrape or frame, or permit the scraping or framing of any page of the Defense Soap’s Affiliate network. (h) Publisher will not register or use any domain names containing 1) any Defense Soap or other Defense Soap trademark, or 2) any string that in Defense Soap’s Affiliate sole opinion is confusingly similar to any Defense Soapor other Defense Soap trademark. (i) Publisher will not use, or include any Defense Soap Content in, deceptive software download or computer settings practices to promote Defense Soap, Defense Soap Content, or Defense Soap’s Affiliate Site. The deceptive practices prohibited include, but are not limited to, installing software without user knowledge, changing a user's home page without securing user permission, and offering downloadable software that does not include an uninstaller or that can not be uninstalled by Windows Add/Remove Programs. Defense Soap will refuse all applications or signups from Publisher or any other party whom Defense Soap believes participates in spyware, adware, parasiteware or similar types of techniques for driving internet traffic. We reserve the right to research and investigate Publisher or any other party and their respective activities and, at our sole discretion, determine whether or not these practices are in place. Publishers hereunder who are found to be in violation of this policy will be immediately terminated from the program and will forfeit all commissions paid or unpaid as of the date of such discovery. In that event, this Agreement will automatically terminate. (j) The following entities are "restricted entities" and Publisher will not promote Defense Soap, Defense Soap Content, or Defense Soap’s Affiliate Site in connection with such restricted entities: Shopping.com, Shopzilla, Bizrate, eBay, Amazon, NexTag, etc. Defense Soap reserves the right to update this restricted entities list at any time upon sending notice to Publisher, and such update will not constitute a material change under this Affiliate Agreement. (k) Publisher will not use, or include any intervening windows, redirects, advertising or web pages that contain any of the following, but not limited to, "pop-up or pop-under" windows (collectively "Pop-Ups") to promote Defense Soap, Defense Soap Content, or Defense Soap’s Affiliate Site. (l) Publisher may not offer, either directly or indirectly, any consideration or incentives to potential Subscribers to register for the Defense Soap’s Affiliate Service, including without limitation, payment of money, rebates, discounts, special offers, or other benefits. Publisher is solely responsible for publishing only current pricing info for Defense Soap’s Affiliate Service. (m) All promotional activities undertaken by you to promote Defense Soap shall be made in accordance with all applicable laws and regulations. You shall not complete the online registration or otherwise interact with the Defense Soap’s Affiliate Web site on behalf of any third party. You are only permitted hereunder to link third parties to the Defense Soap’s Affiliate Web site. All information obtained at the Defense Soap’s Affiliate Site from individuals linking to the Defense Soap’s Affiliate Web site shall be the sole and exclusive property of Defense Soap and you shall neither have access to such information nor use any device, technique or software to obtain such information or any other information from Visitors or from the Defense Soap’s Affiliate Site. (n) Publisher agrees to provide accurate, updated contact information at all times in order for Defense Soap to communicate and provide payment to Publisher. Publisher's failure to provide accurate, updated contact information may result in delayed payment and/or termination, and Defense Soap assumes no responsibility if payment cannot be made due to Publisher's failure to provide accurate, updated contact information. (o) ANY UNAUTHORIZED USE OF THE DEFENSE SOAP CONTENT IS STRICTLY PROHIBITED AND WILL RESULT IN TERMINATION FROM THE PROGRAM WITHOUT PAY. ALL RIGHTS NOT EXPRESSLY GRANTED BY DEFENSE SOAP ARE RESERVED. 7. PROHIBITION ON PUBLISHER EMAIL ACTIVITIES Publisher may not distribute any emails or newsletters containing Defense Soap Content or otherwise promote Defense Soap without the prior written permission of Defense Soap. If Publisher desires to conduct an email or e-newsletter campaign containing Defense Soap Content or promoting Defense Soap, then Publisher must contact Defense Soap and complete a Publisher Email Campaign Application. If approved by Defense Soap, then Publisher will be required to enter into a supplemental agreement that will be appended to and incorporated into this Affiliate Agreement. Publisher shall forfeit to Defense Soap any monies resulting from any breach of this Section 7, pursuant to Section 10 below. 8. LIMITED TO U.S. TARGETED USERS Publisher will be allowed to participate in the Program so long as Publisher's Web site substantially services or targets U.S. residents. Publisher acknowledges that Visitors who subscribe to our service must pay in U.S. dollars. 9. PRIVACY POLICY Publisher will not collect any personally identifiable or aggregated user data from Visitors through or by exploiting the Defense Soap Content. Any Visitor data generated by Publisher's activities in connection with the Program will be the sole property of Defense Soap. 10. MATERIAL BREACH In addition to the list of material breaches in Section 2.3 (numbered a-k) of the Publisher Service Agreement, Publisher agrees that Defense Soap may terminate Publisher from its Program immediately, and that Publisher shall forfeit to Defense Soap all monies resulting therefrom, if (as determined by Defense Soap in its sole discretion): (a) Publisher has become or is threatened to become a litigant in an action which will adversely affect Defense Soap’s Affiliate business; or (b) Publisher sends unsolicited commercial email to Defense Soap’s Affiliate users or relating to Defense Soap in any way, hijacks, diverts or captures user traffic, provides false account information, falsely increases the number of Transactions; or (c) Publisher fails to comply with any provision of this Affiliate Agreement or the Publisher Service Agreement, violates any right of any third party, or violates any provision of law. 11. NO REPRESENTATIONS For the avoidance of doubt, the last sentence of Section 4.1 of the Publisher Service Agreement does not apply to the Defense Soap-Publisher relationship. Further, Publisher agrees that it shall not, without the express written consent of Defense Soap, (a) make statements that it is doing business with Defense Soap or any of Defense Soap’s Affiliate affiliates, or (b) use any distinctive brand features of Defense Soap with any such permitted statement, and Publisher agrees to not make any representations, warranties or other public statements concerning Defense Soap, Defense Soap’s Affiliate Web site, product or services (including but not limited to pricing information, special offers, discounts, and testimonial text), Defense Soap Content, or Defense Soap’s Affiliate policies except as specifically permitted herein. 12. TERM AND TERMINATION The term of this Affiliate Agreement shall be continuous, unless and until either party properly terminates this Affiliate Agreement, as follows: (i) Defense Soap may provide Publisher with written notice of termination for any cause whatsoever, or for no cause; or (ii) Publisher may use the automated system within the Network Service to terminate its participation in the Program at any time without notice to Defense Soap. Upon termination of this Affiliate Agreement, Publisher must immediately remove and cease using any Defense Soap Content, Program Links or other distinctive brand features of Defense Soap. Defense Soap intends to terminate this Affiliate Agreement with any Publisher that fails to generate commissions during any consecutive 120 day period. Following termination of this Affiliate Agreement, Publisher agrees to forfeit to Defense Soap any amount that were earned from Defense Soap in breach of this Agreement or the Publisher Service Agreement, and for any costs of collecting same, including attorneys' fees. 13. RESPONSIBLITY FOR SITE/INDEMNIFICATION Publisher will be solely responsible for the development, operation, and maintenance of its Web site(s) and for all content that appears on Publisher's Web site(s). For example, Publisher will be solely responsible for: * technical operation of Publisher's Web site(s) and all related equipment; * placement of Links to Defense Soap as described above; * accuracy, timeliness and appropriateness of content posted on Publisher's Web site(s); * ensuring that materials posted on Publisher's Web site(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); and * ensuring that content posted on Publisher's Web site(s) is in compliance with this Affiliate Agreement, and not libelous or otherwise illegal. Defense Soap disclaims all liability for these matters. Further, Publisher agrees to indemnify and hold Defense Soap, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, damages, demands, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Publisher's site, use of the Defense Soap Content, violation of this Affiliate Agreement, or violation of any right of another party or any provision of law. Publisher will permit Defense Soap, at its election, to assume and control the defense of any such claim at Publisher's cost. Publisher may not take any action inconsistent with this provision, and may not settle any claim relating to Defense Soap without Defense Soap’s Affiliate prior written consent. 14. MODIFICATIONS Defense Soap may modify any provision(s) of this Affiliate Agreement upon seven (7) days notice by notifying Publisher in writing, which may be through the Network Service. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, Program rules, and amendments to the terms of this Affiliate Agreement. If any modification is unacceptable to Publisher, then Publisher may terminate this Affiliate Agreement through the Network Service. Publisher's continued participation in the Program and compliance with such change(s) following Defense Soap’s Affiliate notification will constitute Publisher's legally binding acceptance of such change. 15. CONFIDENTIALITY The terms and conditions of this Affiliate Agreement and the Program Terms, including any information and statistics regarding Publisher's participation in the Program, are strictly confidential and may not be disclosed by Publisher to any third party. The restrictions in this Section 15 will not apply to confidential information that is required to be disclosed by the Publisher pursuant to judicial order or other compulsion of law, provided that Publisher shall provide to Defense Soap prompt notice of such order and provided that Publisher shall reasonably seek to maintain confidentiality of the disclosure via an appropriate protective order. 16. GENERAL The Publisher Service Agreement, the Defense Soap’s Affiliate detail page on the Network Service and this Affiliate Agreement constitute the entire agreement between Publisher and Defense Soap and govern participation in the Program, superceding any prior agreements between Publisher and Defense Soap. This Affiliate Agreement and the relationship between Publisher and Defense Soap shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. Notwithstanding the choice of venue in the Publisher Service Agreement, Publisher and Defense Soap agree to submit to the personal jurisdiction of the courts located within the county of Cuyahoga, Ohio. The failure of Defense Soap to exercise or enforce any right or provision of this Affiliate Agreement shall not constitute a waiver of such right or provision. If any provision of this Affiliate Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Affiliate Agreement remain in full force and effect. Publisher will not assign, transfer, sublicense, or otherwise delegate its rights under this Affiliate Agreement without the prior written consent of Defense Soap. Any such assignment, transfer, sublicense or delegation in derogation of this provision shall be null and void. 17. PUBLISHER INFORMATION Publisher authorizes Defense Soap to provide to Defense Soap LLC any and all information provided by Publisher to Defense Soap or otherwise obtained or created by Defense Soap in relation to Publisher at any time. BY APPLYING FOR THE DEFENSE SOAP AFFILIATE PROGRAM AND CLICKING ON THE "I ACCEPT" ICON BUTTON YOU, PUBLISHER, ARE SIGNIFYING YOUR AGREEMENT TO BE BOUND BY THIS AFFILIATE AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS DOCUMENT. Copyright © 2008 Defense Soap, LLC All rights reserved.
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