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"Here's our Affiliate Service Agreement"MBS Affiliate Service Agreement This Affiliate Agreement (the "Agreement") is made by and between McArthur Business Systems, Inc., a Pennsylvania, USA corporation ("MBS", "The MBS Internet Research Center"), and you, as an Affiliate member of the MBS Internet Research Center ("You", "Your", "Affiliate", or "Affiliate Member"). To be an authorized Affiliate Member of the MBS Internet Research Center, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the the MBS Internet Research Center as an Affiliate. By clicking on the "I have read and accept the MBS Privacy Policy and Affiliate Service Agreement" box at the bottom of the signup page and using the the MBS Internet Research Center as an Affiliate, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the the MBS Internet Research Center as an Affiliate. PRIVACY POLICY If You have any questions about Your privacy rights, or would like further information regarding the confidentiality of Your interactions with MBS, contact us at info@mbsinternet.net. DEFINITIONS "Affiliate Member" or "Affiliate" means an authorized site that is rewarded for a legitimate completion of a requested survey or focus group by a Registered Respondent that they have referred to the MBS Internet Research Center. "Registered Respondent" means any person, Web surfer or user that clicks on a Link to the MBS Internet Research Center, placed on an Affiliate's Web site or newsletter and completes a valid registration form. "Research Project Sale" means any completed payment for research services by a Web surfer or user that clicks on a Link to the MBS Internet Research Center, placed on an Affiliate's Web site or newsletter and purchases research services directly from MBS. Payment will not be made on any surveys conducted by third party companies. The completion of a "Research Project Sale" could occur at the time of the initial visit to the MBS website at a later time not to exceed 6 months. If a completion of a requested survey or focus group occurs after 6 months and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Pay-per-survey" means the Payout that the MBS Internet Research Center agrees to pay for a legitimate completion of a requested survey or focus group by a Registered Respondent referred to the MBS Internet Research Center by an Affiliate's Web site or newsletter. Payment will not be made on any surveys conducted by third party companies. The completion of a requested survey or focus group could occur at the time of the registration or at a later time not to exceed 6 months. If a completion of a requested survey or focus group occurs after 6 months and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "Respondent Payout" means the amount paid to a Registered Respondent for a completed survey or focus group. Commission" means the amount paid by the MBS Internet Research Center to an Affiliate. The Commission may be expressed as a set amount or as a percent of sales. "Link" means a hyperlink placed on an Affiliate Member's site or newsletter that, when clicked on, serves the MBS Internet Research Center web site 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 the MBS Internet Research Center. LINK PLACEMENT AFFILIATE PAYMENT You receive the Commission from the MBS Internet Research Center. You may request a payment/withdrawal once Your Account balance reaches $25. Payments are made on the twentieth (15th) day of each month for requests made in the previous month. Money credited to Your Account does not accrue interest. E-MAIL CONTACT CHANGES TO THE AGREEMENT REGISTRATION THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN THE MBS INTERNET RESEARCH CENTER: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. You agree that You have read the documentation for the agreement and understand its features and rules. As part of the registration process, You will select an email and password combination that You use to access Your Affiliate Member area within the MBS Internet Research Center. You shall provide the MBS Internet Research Center with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that the MBS Internet Research Center may rely on any data, notice, instruction or request furnished to the MBS Internet Research Center by You which is reasonably believed by the MBS Internet Research Center to be genuine and to have been sent or presented by a person reasonably believed by the MBS Internet Research Center to be authorized to act on Your behalf. You shall notify the MBS Internet Research Center by e-mail at info@mbsinternet.net 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 email and password. You shall be responsible for maintaining the confidentiality of Your email 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 the MBS Internet Research Center and referral to the appropriate law enforcement agencies. ACCEPTED USE OF THE SERVICE You shall not provide, promote, distribute, place or otherwise publish as an Affiliate Member of the MBS Internet Research Center any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, multi-level marketing based, abusive, fraudulent or violates any law. As the MBS Internet Research Center may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate Member, You may not artificially inflate traffic counts to the MBS Internet Research Center using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links or submit multiple leads to the MBS Internet Research Center. Links may not be placed in newsgroups, password protected areas of a site, unsolicited e-mail, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the MBS Internet Research Center for that Link. Points or reward programs are not allowed unless specifically approved by the MBS Internet Research Center. THE MBS INTERNET RESEARCH CENTER RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF THE MBS INTERNET RESEARCH CENTER. If You are terminated from the the MBS Internet Research Center, MBS has the right to withhold money You earned within the the MBS Internet Research Center and You will not be allowed to re-join the MBS Internet Research Center. LIMITED WARRANTY The MBS Internet Research Center will make reasonable commercial efforts to keep its web site operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the MBS Internet Research Center liable for any of the consequences of such interruptions. THE MBS INTERNET RESEARCH CENTER SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. THE MBS INTERNET RESEARCH CENTER SHALL HAVE NO LIABILITY WITH RESPECT TO THE MBS INTERNET RESEARCH CENTER OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF THE MBS INTERNET RESEARCH CENTER HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF THE MBS INTERNET RESEARCH CENTER HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY THE MBS INTERNET RESEARCH CENTER AS A DIRECT RESULT OF THIS AGREEMENT. LIMITATION OF LIABILITY You agree that McArthur Business Systems, Inc., although the provider of the MBS Internet Research Center, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, agree to indemnify, defend, and hold harmless the McArthur Business Systems, Inc. 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. The MBS Internet Research Center agrees to indemnify, defend, and hold harmless Affiliate 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 the MBS Internet Research Center's negligence or willful misconduct in performance of the Services or its breach of this Agreement. NON-DISCLOSURE OWNERSHIP AND LICENSES All images, technology and content provided to You by the MBS Internet Research Center is and shall remain the MBS Internet Research Center’s sole property 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 the MBS Internet Research Center’s sole property, including rights in and to any derivatives thereof. You may not modify the the MBS Internet Research Center’s trademarks, banners, the content or any of the provided images in any way. You shall use the marks exactly in conformance with the MBS Internet Research Center’s trademark usage policies as communicated to You from time to time. The MBS Internet Research Center may immediately terminate Your license to use the marks if the MBS Internet Research Center reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the MBS Internet Research Center above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the MBS Internet Research Center’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the MBS Internet Research Center. REPRESENTATIONS NONASSIGNABILITY FORCE MAJEURE JURISDICTIONAL ISSUES MISCELLANEOUS |
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