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Earn $0.50 for every lead you refer by joining our affiliate program.
We have set up an affiliate program, in which we pay referral fees based on traffic that arrives from the affiliate's website to www.FetchBook.Inforegardless of whether or not such lead buys a book. To register, please fill our affiliate sign-up form after you have read the Affiliation Agreement below. If you have any affiliate related questions please contact us on our affiliates email only, to receive priority response.
Your consent to the terms of this Agreement with Cygnus Software Ltd. ("Cygnus") is signified by checking the box entitled "I have read and agreed to the Affiliation Agreement" in our affiliate sign-up form.
Affiliate: A person or entity that has received an email confirmation from Cygnus, as determined by Cygnus at its sole discretion, that its website is included in the Program, and such website is linked to the Site in accordance with the terms of this Agreement.
Program: Cygnus Affiliate Program.
Qualified Visitor: A human visitor who visits the Site directly from the Affiliate's website through a link, which is in accordance with Section 5 of this Agreement, provided the Affiliate's website is confirmed by Cygnus as included in the Program. A Qualified Visitor does not include the Affiliate itself or any person acting on its behalf. A visitor is uniquely identified by an IP address, which means that any number of visitors using the same IP address will be deemed and counted as one Qualified Visitor.
Qualified Visit: A visit to the Site by a Qualified Visitor, starting when the Qualified Visitor first shows activity on the Site and ending after 4 hours in which there was no activity from the Qualified Visitor. For the purposes of this section, activity shall mean any http request the visitor's browser issues to the Site.
Shop Link: A link in the "price comparison results" page on the Site that leads to a store's website.
Trademarks: FetchBook, all names containing FetchBook and all other trademarks, service marks and logos displayed on the Site.
Cygnus will pay a referral fee of $0.50 to an Affiliate for each Qualified Visit, during which a Qualified Visitor, originating from such Affiliate's website, compared the price of one or more books in the Site, and then clicked-through one or more Shop Links.
No matter how many books a Qualified Visitor compares and no matter how many Shop Links a Qualified Visitor clicks during one Qualified Visit, the Affiliate will receive only a Referral Fee in the amount of $0.50 for such visit.
If a Qualified Visitor is referred from two or more different Affiliates during one Qualified Visit, only the Affiliate which referred such Qualified Visitor first will receive the respective Referral Fees.
Cygnus will pay this Referral Fee regardless of whether or not the Qualified Visitor actually buys the books.
Payment terms are subject to sections 3, 4 and 5 below, and under no circumstances will Cygnus pay in any calendar month fees that result in the aggregate payments by Cygnus to allof its Affiliates in connection with the Program to exceed $2000 during such month (in which case Cygnus shall allocate all Referral Fees pro-rata among all Affiliates on the basis of the fees to which each Affiliate is entitled during the calendar quarter including such month).
Cygnus tracks, by the 10th of every month, how many Qualified Visitors were referred from the Affiliate's website (excluding visitors who disable the operation of Cygnus' tracking device) and calculates the Referral Fees to which the Affiliate is entitled. Payment is sent via checks, after the end of each calendar quarter, provided that the balance is at a minimum of $75. If the balance does not meet the minimum $75 requirement, it will be carried over to the next quarter, without bearing any interest or fines. An Affiliate that has breached any of the terms of this Agreement, will not receive any payment whatsoever.
It is the Affiliate's sole responsibility to comply with any tax laws that apply to the Referral Fees, and Affiliate consents, to the extent required by any applicable law and regulations, that Cygnus may provide information regarding Affiliate's fees to any government agency.
Additional Terms of Participation in the Program
An Affiliate and its website may not be engaged, directly or indirectly, in conduct that Cygnus, at its sole discretion, deems to be illegal, improper, unfair or otherwise adverse to the operation or reputation of the Site or detrimental to other users of the Site, including but not limited to, directly or indirectly (a) Operating a website that contains or promotes content that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, indecent, deceptive, cracking, hacking or warez, or link to a website that does so; (b) Engaging in indiscriminate or unsolicited commercial advertising emails; (c) Placing links to the Site in newsgroups, message boards, unsolicited email, spam, banner networks, counters, chat rooms, guest books, IRC channels or through similar Internet resources; (d) Causing or enabling any clicks or traffic to the Site, to be made that are not in good faith, including among others by means of any device, program, robot, Iframes, hidden frames and redirects, and any other "bogus" traffic whether made by a program, a human or any other mean (in each case without derogating from other remedies Cygnus may have in law, equity or otherwise); (e) Offering any person or entity any consideration or incentive (such as a "reward program", discounts, rebates or any other benefits) for using links on Affiliate's website to access the Site and any other activity that Cygnus deems at its sole discretion to be of similar nature, or that allows third parties to place links to the Site; or (f) Diluting, blurring or tarnishing the value of Trademarks.
Furthermore, Affiliate will not sell, redistribute, sublicense or transfer, nor use in a manner intended to send sales to any website other than the Site, any data, images, text, or other information obtained by Affiliate from Cygnus or the Site in connection with this Agreement.
Links; Trademarks; Data
Subject to the terms of this Agreement, and as long as this Agreement is not terminated, Affiliate may display a link to the Site only in the form provided in enhance site page, as may be updated by Cygnus from time to time, on Affiliate's website that has been confirmed by Cygnus as included in the Program. Without derogating from the generality of the above, it is explicitly agreed that Affiliate will not utilize any redirecting or framing in connection with such link. Cygnus grants to Affiliate, a nonexclusive, non-transferable, non-sublicensable license to display on such Affiliate's website the Cygnus trademarks included in the form provided in enhance site page for the sole purpose of providing a link from such Affiliate's website to the Site's homepage. No framing of any webpage of the Site is permitted. The Trademarks are registered and unregistered trademarks of Cygnus or others. Except as explicitly permitted in this Section 5 above, nothing in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark. Affiliate agrees to follow Cygnus Trademark Guidelines, as updated by Cygnus from time to time.
Each party will retain sole ownership of data it collects on its website from visitors or on their use of such website. Affiliate further agrees that Cygnus will access information relating to visitors referred from Affiliate's website, and may use such information.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CYGNUS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR DATA, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, CYGNUS' SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OR MALFUNCTION OF ANY SOFTWARE, HARDWARE, COMMUNICATION TECHNOLOGY OR OTHER SYSTEM.
CYGNUS' LIABILITY, AND THE LIABILITY OF CYGNUS' SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO AFFILIATE OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF REFERRAL FEES PAID BY CYGNUS TO AFFILIATE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO AFFILIATE.
NO WARRANTIES & INDEMNIFICATION
THE FOLLOWING DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: NOTWITHSTANDING ANYTHING TO THE CONTRARY, CYGNUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE SITE, LINKS IN THE SITE, OR THE SITE BEING ACCESSIBLE OR FREE OF ERRORS, VIRUSES OR SECURITY THREATS.
Affiliate agrees to indemnify, defend and hold harmless Cygnus and its subsidiaries, directors, officers, employees and suppliers from and against any and all liability, claims, costs, expenses, injuries and losses, including reasonable attorneys' fees and costs, arising directly or indirectly in connection with Affiliate's operations or website or out of any disputes between Affiliate and any other party relating to this Agreement, the Site or to services provided by Cygnus.
Cygnus and Affiliate are independent contractors, and nothing this Agreement creates any partnership, joint venture or agency relationship between them, grants to Affiliate authority to make any representation on Cygnus' behalf or make public any information regarding Cygnus, or prohibits Cygnus' from operating websites that are similar to or compete with Affiliate's website.
Cygnus may modify any of the terms of this Agreement (including without limitation the terms of the referral fees) at any time(s) and in its sole discretion, upon posting notice on the Site. Affiliate's sole remedy if such modification is not acceptable to it, is to terminate this Agreement.
Cygnus or the Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party a seven day prior written notice by email, or by posting a notice on the Site's affiliate program URL (http://www.fetchbook.info/affiliate_agreement.jsp) by Cygnus if Cygnus terminates this Agreement with all of its Affiliates, except if Affiliate violated any of the terms of this Agreement, in which case termination will be effective immediately. Upon termination of this Agreement for any reason, Affiliate will immediately cease use of, and remove from Affiliate's website, all Trademarks and all links to the Site, sections 6 and 7 of this Agreement shall survive such termination and the enforceability of the terms and conditions of this Agreement as they related to acts and omissions during the period before such termination shall survive such termination.
This Agreement shall be governed by the laws of the State of Israel without giving effect to its conflict of law principles. Affiliate agrees to submit to the exclusive jurisdiction and venue of the courts in Tel Aviv, Israel for any dispute arising from or relating to this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect.
A party's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The section titles in this Agreement are used solely for convenience and may not be used in the interpretation of this Agreement.
Cygnus may assign this Agreement to any party at any time.
LAST UPDATED AUGUST 18, 2005
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