The Affiliate Policy (the "Policy") defines the terms and conditions
between the KemNet Technologies, Inc. BlackWebPortal.com Yellow Page
(BWP-YP) Unit.
("KemNet Technologies, Inc. BlackWebPortal.com Yellow Page Unit" or the
"Company") and an individual or entity ("Affiliate") that participates in
the BWP-YP Affiliate Program (the "Program") to promote the sale of the
Company’s Nationwide/Local Yellow Page Services (the "Services").
- To enroll in the Program, Affiliate will submit a complete Program
application via the BWP-YP World Wide Web ("Web") site. BWP-YP will
evaluate Affiliate’s application in good faith and will notify Affiliate
of acceptance or rejection. The Company may reject Affiliate’s application
if it determines, in BWP-YP’s sole discretion, that Affiliate’s Web site
is unsuitable for the Program. Unsuitable Web sites include Web sites that:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability,gender, or age;
- Promote illegal activities; and/or
- Violate intellectual property rights.
If Affiliate’s application is rejected, Affiliate is welcome
to reapply to the Program at any time.
- Affiliate is NOT required to sign-up for Services from the
Company in order to participate in the Program.
- Affiliate will have the non-exclusive right to market Services
as described on the Company’s Web site to potential subscribers,
including but not limited to Affiliate’s customers and/or clients
(collectively, "Affiliate Subscribers"). Affiliate Subscribers
will be charged BWP-YP’s Internet Service subscription rates,
as posted on the Company’s Web site.
- BWP-YP will provide Affiliate with special HTML code that
will allow Affiliate to place BWP-YP "banner" and/or "button"
advertisements on Affiliate’s Web site that link to BWP-YP’s
Web site. The special HTML code will be configured, through the
use of "cookies", to automatically give Affiliate credit every
time someone "clicks" on the advertisement and then later
signs-up for Services from the Company via BWP-YP’s Web site.
The location of these BWP-YP banners and/or buttons on
Affiliate’s Web site is at the discretion of the Affiliate.
- Affiliate is solely responsible for the development, operation
and maintenance of its Web site and for all materials that appear
on the Web site. BWP-YP disclaims all liability for these matters.
Furthermore, Affiliate indemnifies and holds harmless BWP-YP
from all claims, damages and expenses (including, without
limitation, attorneys’ fees) relating to the development,
operation, maintenance and contents of Affiliate’s Web site.
- BWP-YP will pay Affiliates five-dollars ($5.00) commission
for each valid Affiliate Subscriber as of the fifth of each
month. All payments made to Affiliate from BWP-YP will be
calculated on or around the sixth of every month and checks
will be mailed within 10 days.
- BWP-YP will provide Affiliate with password protected reporting
information via the Internet that lists the names of Affiliate
Subscribers and date on which they signed-up for Services from the
Company. To permit accurate tracking, reporting and payment
calculation, Affiliate must ensure that the special HTML code
provided by BWP-YP is properly formatted on the Affiliate’s
Web site.
- BWP-YP will oversee all administration relating to Affiliate
Subscribers, including but not limited to sign-up, billing and
customer support, as well as the calculation of payments due
directly to Affiliate.
- Affiliate and Affiliate Subscribers are required to adhere
to BWP-YP’s Terms and Conditions of Service, Privacy Statement,
and Zero Tolerance for Spam Statement (collectively, the "Policies").
Copies of the Policies are available on the Company’s Web site.
BWP-YP reserves the right to refuse service to any potential
Affiliate Subscriber at BWP-YP’s sole discretion.
- Affiliate will be considered an independent contractor in
the marketing of BWP-YP’s Services. The relationship between
Affiliate and BWP-YP creates no partnership, joint venture or
similar agreement between Affiliate and BWP-YP.
- BWP-YP will require a social security number or tax
identification number from Affiliate in order to comply with
rules and regulations of the United States Internal Revenue
Service. Failure to provide a social security number or tax
identification number, when requested by BWP-YP, will result
in an immediate termination of the Affiliate in the Program
and the withholding of any further payments owed to Affiliate.
- BWP-YP makes no express or implied warranties or
representations with respect to the Program or any Services
sold through the Program. In addition, BWP-YP makes no
representations that the operation of the Company’s Web site
will be uninterrupted or error-free, and BWP-YP will not be
liable for any consequences resulting from interruptions or
errors.
- BWP-YP will not be liable for indirect, special and/or
consequential damages (or any loss of revenue, profits, or data)
arising in connection with this Program, even if the Company
has been advised of the possibility of such damages. Furthermore,
BWP-YP’s aggregate liability arising with respect to the
Program will not exceed the total payments to the Affiliate
under the Program.
- BWP-YP reserves the right to change Services, including
the price for Services, at any time. BWP-YP will use its best
efforts to announce changes to Services online at the Company’s
Web site before such changes are to take effect.
- BWP-YP may modify any of the terms and conditions contained
in the Policy, at any time and in its sole discretion, by posting
a new Policy on the Company’s Web site. IF ANY MODIFICATION IS
UNACCEPTABLE TO AFFILIATE, AFFILIATE’S ONLY RECOURSE IS TO
DISCONTINUE PARTICIPATION IN THE PROGRAM. AFFILIATE’S CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE
NOTICE OR NEW POLICY ON THE COMPANY’S WEB SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE.
- Either party may terminate the Affiliate’s participation
in the Program at any time, with or without cause, with prior
written notice to the other party without penalty. Upon
termination of the Affiliate’s participation in the Program,
BWP-YP will pay Affiliate any unpaid balances owed within
ninety (90) days of termination.
- Affiliate agrees to remove all banner and/or button
advertisements that are delivered to Affiliate’s Web site
upon termination of participation in the Program.
- AFFILIATE ACKNOWLEDGES THAT THEY HAVE READ THE POLICY
AND AGREE TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS
THAT BWP-YP MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED
IN THE POLICY OR COMPETE WITH AFFILIATE’S WEB SITE. AFFILIATE
HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATION
IN THE PROGRAM AND THE POLICY REPRESENTS THE ENTIRE RELATIONSHIP
BETWEEN BWP-YP AND AFFILIATE. THE POLICY SUPERSEDES ANY
PREVIOUS AFFILIATE RELATIONSHIP WITH BWP-YP PROVIDING SERVICES
TO AFFILIATE AND AFFILIATE’S SUBSCRIBERS EITHER WRITTEN OR ORAL.
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