Enrollment
This is the complete Agreement for the MountCenter
(we, us, our) Affiliate Program (the Program) and covers only those products or
services directly offered by us (links outside of www.mountcenter.com are not
covered by this Agreement). The Affiliate (you, your) must be 18 years or older
to sign up for this Program. We reserve the right to accept or reject any
application for enrollment in our sole discretion. If we reject your
application, you may reapply after your site is in compliance as outlined
below.
To be eligible, your site must meet these requirements:
1. Have a top level domain name
2. Be fully functional, no “under construction” sites
3. Be aesthetically pleasing, no banner farms or pages full of affiliate links
The following types of sites and affiliates will be rejected:
1. Contain adult content, pornography, promote sex services or link to such
sites
2. Explicit, vulgar or obscene language
3. Racial, ethnic, political, hate-mongering or otherwise objectionable content
4. Promotion of illegal substances or activities such as illegal online
gambling, how to build a bomb, counterfeiting money, illegal drugs, etc.
5. Software piracy, list passwords, software cracking, warez or any illegal
activity
6. Browser helper objects, software that generates clicks, causes any popups on
anyone else’s site or attempts to set a cookie or tracking without the user
clicking the link
7. Links that automatically redirect users to another site
8. Those who send unsolicited email
9. Any questionable or controversial subject matter judged inappropriate by us
10. Sites that offer incentives, including cash, points, contest entries,
prizes or rewards to click on ads or links
11. Site that has software downloads that, in our sole discretion, can
potentially divert commissions from other affiliates
Linking/Rights
If you’re approved, we hereby grant to you a revocable, non-exclusive,
non-transferable, limited license to use our name, logo, URL and trademarks in
such a manner and to otherwise display our name, logo, URL and trademarks on
your website. You acknowledge and agree that such license is limited and that
all right, title, ownership and interest in our name, logo, URL and trademarks
shall remain with Mount Center at all times. You cannot modify any banners or
images provided to you by us. The Affiliate is solely responsible for their
sites and all linking code. All links are subject to our approval. We monitor
affiliate traffic and sites for compliance to these terms and if we determine
the Affiliate is no longer in compliance, they will be notified via email and
their account may be deactivated pending further investigation. It is the
Affiliate’s responsibility to ensure they are in compliance.
You agree that you shall not engage, participate or otherwise become involved
in any activity or course of action that diminishes and/or tarnishes the image
and/or reputation of Mount Center, or www.mountcenter.com. You
also agree that you shall not use our name, logo, URL or trademarks in any
manner that is disparaging or that otherwise portrays Mount Center,
or their products in a negative light. You may not issue any press release or
make any representations or warranties concerning Mount Center, their products, or websites.
You cannot frame the www.mountcenter.com website, unless approved in advance,
in writing. You may not spider our site for content or copy content from our
site to use in your site. Your site may not look similar to ours so that
visitors may believe they are at www.mountcenter.com while they are at your
site and you may not make any such representations or imply that you are Mount
Center or www.mountcenter.com.
All promotional material will be provided to you after you signup. You cannot
send unsolicited email (i.e., SPAM) containing any of our links, content or
mention our company. You cannot post any specific messages to newsgroups, chat
rooms, bulletin boards or any similar places, for the purpose of inviting users
to click your affiliate link to www.mountcenter.com, unless expressly approved
in writing from us. You agree not to participate in pay to surf programs with
any promotional material, links, logos or mention of Mount Center.
You can post messages which are generic in nature and do not mention any
specific offer, including any private offer, of mountcenter.com,
If you fraudulently add leads or clicks or inflate leads or clicks by
fraudulent traffic generation, as determined solely by us, you will forfeit
your entire commission for all programs with us and your account will be
terminated. Forced clicks and cookie stuffing are grounds for immediate
termination. A valid click requires the user to click a link to go to www.mountcenter.com.
It is the obligation of the Affiliate to prove to us that they are NOT
committing fraud. We will hold your payment in 'Pending Status' until you have
satisfactorily provided evidence that you are not defrauding the system.
Termination notice will be provided via e-mail and will be effective
immediately.
PPC Advertising
As an Affiliate, you may not bid on our trademarks or the following keywords
and phrases: Mount Center, MountCenter, www.mountcenter.com, variations of our
domain names, or misspellings. Please ask first if you have any questions about
our PPC policy. We want you to be successful and will happy to help you.
Commissions Commissions are paid
monthly, within 15 days after the end of the month, for commissions earned in
the previous month, for products that have been paid in full and were not
cancelled, providing you earned enough in commissions to meet the minimum
amount you set when you sign up. For any month your commission is less than the
minimum, the balance will be carried over to the following month. The
Commission rates are subject to change at any time, in our sole discretion,
without notice, however we will make a reasonable attempt to notify you of the
change. Cookie life begins when a user clicks your affiliate link and enters
our site. Commission is only payable if it can be tracked to you with your
affiliate id. We cannot track referrals for users who do not accept cookies or
if they delete our cookie.
Term
Either you or we may terminate this agreement at any time upon written
notification by either party. Any such notice to you shall be via email and you
acknowledge that is your responsibility to ensure we have your correct email
address on file. If this agreement is terminated by us because you violated the
terms of this agreement or if your site is found to be objectionable, as
outlined above, no commissions will be paid on any outstanding balance.
Agreement
We may modify the terms of this agreement at any time, at our sole discretion.
Either a notice of agreement change, or the new agreement, will be posted on
our website. Publication of such notice or an email notice shall be considered
sufficient notice of any changes. If you continue to participate in this program
48 hours after any such change you agree to these new terms. If you disapprove
of any new terms in this agreement, your only recourse is to terminate this
agreement as outlined above.
You guarantee that all content, products, and services on your website are
legal to distribute and that you own or have the legal right to use any and all
copyrighted material. Affiliate irrevocably covenants, promises and agrees to
indemnify us, our employees, agents, officers, stockholders, directors,
affiliates and to hold them harmless from and against any and all losses,
claims, expenses, suits, damages, costs, demands or liabilities, arising from
any and all claims and lawsuits for copyright, slander, libel, and trademark
violation as well as other claims resulting from affiliate’s websites.
You agree that you are an independent contractor and that this Agreement does
not offer, or cover, any type of partnership, joint venture, franchise, or
employment relationship between you or Mount Center.
We, our affiliates, agents or employees, will not be liable for loss, including
direct, indirect, incidental, special, punitive or consequential damages or
loss of income, related to this Program, our site or links. Any liability
related to this Agreement shall not exceed the total fees yet unpaid, at the
time of any error, act or omission.
If any provision of this agreement shall be held or made invalid or
unenforceable by a court decision, statute, rule or otherwise, the remaining
provisions of this agreement shall not be affected thereby.
Please contact us if you have any questions about this or any part of this
Agreement via email at affiliates@lasollc.com.
