The following are terms and conditions for participating in the
Pconpoint.com Affiliate Program. "Affiliate" refers to
you, and "Pconpoint.com" refers to Pconpoint.com and its
corresponding entities.
Pconpoint.com reserves the right to amend this agreement as
needed from time to time, and Affiliate agrees that any such
amendment will apply to Affiliate. The continuation of Affiliate
status or Affiliate's acceptance of income or bonuses shall
constitute Affiliate's acceptance of any and all amendments.
1. Affiliate represents and warrants that he or she is of the
legal age of consent in all applicable jurisdictions or countries
and, in any event, is at least 18 years of age.
2. Affiliate will not engage in any SPAM of any kind, nor will
Affiliate engage in any unauthorized message board, messenger
service or other online posting. Pconpoint.com also considers
ANY type of advertisement about Pconpoint.com posted to a newsgroup
or chat room to be SPAM. For the purpose of this agreement ,
SPAM is defined as e-mailing ANYONE, in bulk or by single mailing,
about Pconpoint.com, who has not specifically requested the information
directly from Affiliate. "Unsolicited" and "Unauthorized"
are defined as any solicitation not expressly requested or warranted
by any organization or site mentioned above. Use of SPAM may
result in the immediate suspension or termination of Affiliate
account. Affiliate will also be in violation of the Pconpoint.com
Affiliate Agreement and subject to legal action and be held
liable for any financial loss incurred by Pconpoint.com.
3. Affiliate will not engage in any advertising utilizing spyware
or adware of any kind. This includes "permission"
based adware software, used exclusively for the delivery of
popup or related ads. In the event that you have an application
that delivers advertisements, express permission must be granted
in writing from Pconpoint.com to allow any promotion. Affiliate
will also not attempt to "bundle" Pconpoint from Pconpoint.com
with any other software, regardless of user permission or otherwise,
unless expressly permitted to do so in writing by Pconpoint.com.
Pconpoint.com has no past or existing "bundling" arrangement
of any kind, so Affiliate shall not bundle Pconpoint.com software
with any other unless expressly permitted in writing to do so
by Pconpoint.com.
4. Affiliate will not engage in any browser hijacking of any
kind, or any other interference with the normal functioning
of a potential website visitor's computer. This could include
starting any process(es) not expressly started by potential
website visitor, including opening of a CD rom, or any other
program or application. In keeping with this, Affiliate is directly
responsible to be in full compliance with all pertinent law
and the following two laws specifically: HR2929, the Securely
Protect Yourself Against Cyber Trespass Act, and HR4661, the
Internet Spyware Prevention Act of 2004.
5. Affiliate will not intentionally mislead any potential website
visitor to believe that a Pconpoint.com product is any other
product. This could include website content, or ads run on any
search engine. Affiliate will not use any product name in context
of advertising which could be misunderstood to be a Pconpoint.com
product, and therefore be misleading to the potential website
visitor.
6. Affiliate will not use advertising which is directly false
or misleading. This could include claims that "Bugs
or Errors" has been found on a user's machine when no actual
scan for such items has been done, or directly using a customer's
system information to falsely induce a click or purchase. This
could include showing contents of particular sections of the
potential website visitor's hard drive, cookie folder, or system
settings, as well as specific information, such as IP address,
operating system, or any other "non critical" system
information. "Non Critical" is defined for purposes
of this document as any specific system information that has
no direct connection with any spyware/adware or any specific
system problem Pconpoint will assist in repairing.
7. Affiliate agrees to assume sole responsibility for compliance
with all applicable intellectual property laws and all other
federal, state and international laws. In the event that Pconpoint.com
should receive any notification of claimed infringement by Affiliate,
Affiliate agrees to cooperate with Pconpoint.com in expeditiously
responding to such notification and resolving any claim of infringement.
In the event that an affiliate is unresponsive or unwilling
to assist, Pconpoint.com will take any and all measures to prevent
Affiliate from further involvement in our program, and will
further cooperate in any law enforcement action as a result
of said Affiliate's actions.
8. Affiliate will be directly responsible for all tax liabilities,
including without limitation, liabilities to any agency with
respect to any earnings or payments made as a result of affiliate's
promotion of Pconpoint.com. Affiliate further agrees to indemnify
and reimburse Pconpoint.com in the event of any claim for assessment
by any foreign, United States federal, state, and/or local taxing
authority.
9. Affiliate agrees that a Pconpoint.com Affiliate is an independent
contractor and not an employee, agent, partner, legal representative,
or franchisee of Pconpoint.com. Affiliate further agrees not
to incur any debt, expense, obligation on behalf of, for, or
in the name of Pconpoint.com.
10. All Affiliate applications are subject to approval by Pconpoint.com
11. Affiliate agrees to receive Pconpoint.com e-mail, including
but not restricted to sales reports, training, plus messages
from Affiliate's Team Leader and/or Group Leader.
12. Affiliate agrees to present Pconpoint.com products and services
as set forth at the official Pconpoint.com Website. Affiliate
will make no claims regarding products or services beyond what
is stated at the official Pconpoint.com Website.
13. Pconpoint.com is not responsible for technical problems,
acts by third parties, or other events outside our reasonable
control which may temporarily disrupt or diminish service.
14. Pconpoint.com reserves all rights in or to its trademarks
and servicemarks but may be used by Affiliate in accordance
with this agreement. Affiliate may in no way display a Pconpoint.com
logo, image, or trademark which may be distasteful, defame,
or misrepresent Pconpoint.com.
15. Affiliate may not assign rights or delegate duties under
this Agreement without the prior written consent of Pconpoint.com.
Upon request, Pconpoint.com will provide Affiliate with guidelines
for the sale, transfer, or assignment of Affiliate's Pconpoint.com
business.
16. Affiliate agrees not to present others' creative works-in
full or in part-as his or her own nor engage in violation of
copyright agreements for any reason. Such violations could result
in suspension or termination of membership.
17. Pconpoint.com makes no warranties expressed or implied with
regard to Affiliate Program except as outlined in this Agreement.
18. In the event that a provision of this Agreement is held
to be invalid or unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable, and the
balance of the Agreement will remain in full force and effect.
19. Pconpoint.com shall not be held liable for any indirect,
incidental, special, or consequential damages or any loss of
revenue or profits arising under or with respect to this Agreement
or program, even if Pconpoint.com has been advised of the possibility
of such damages. Pconpoint.com aggregate liability arising under
or with respect to this agreement or the program shall in no
event exceed the amounts paid or payable by Pconpoint.com under
this agreement.
20. Both Pconpoint.com and the Affiliate reserve the right to
terminate this agreement at any time. The term of this Agreement
shall be for a period of one year from the date hereof and shall
automatically renew upon each anniversary without further act
of the parties unless either party has terminated this Agreement
by written notice to the other.