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By submitting an application to become an Affiliate of Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks, you certify that all information in your Registration Form is true and correct and that you have read this Agreement, understand all terms and conditions, and agree to be legally bound by them. "YOU" or "YOUR" means YOU the applicant. "WE" or "OUR" or "US" means Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks. "OUR site" means PulsarMarketing.com and one or more of Pulsar Marketing's Affiliate Networks for which YOU have been accepted as an Affiliate, and "YOUR site" means YOUR Web site or sites that YOU use to link to OUR site(s) or to OUR Client Advertiser site(s). "Program" means Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks, of which the purpose is to generate revenue for YOU by promoting Our site and/or Our client products and/or services featured on OUR Affiliate Network(s). CURRENT AND FUTURE SITE ACCEPTABILITY WE reserve the right to not accept any sites that have, in OUR sole opinion, any controversial or unacceptable content such as, but not limited to, sites that promote, contain or link to: violence or hatred; criminal or illegal activities; sexually explicit material; discrimination based on race, color, sex, religion, nationality, disability, sexual orientation or age; libelous, defamatory, disparaging, obscene, offensive or other content that WE deem inappropriate; material that infringes on trademark, copyright or patent rights of another party. YOU agree that such content is Not Permitted, now or in the future, and is cause for immediate termination of this agreement and forfeiture of any and all moneys earned but not yet paid should such controversial or unacceptable content be discovered by Us on Your site(s) at any time whether such content existed on Your site(s) upon initial review and acceptance by Pulsar Marketing Inc. We also reserve the right to approve Affiliate membership into one or more Pulsar Marketing network, yet to simultaneously reject membership into one or more of Pulsar Marketing's other networks. Pulsar Marketing shall base individual network approvals and rejections; at its sole discretion, upon the qualifications of each Affiliate and each Affiliate's website. INDEPENDENT CONTRACTOR YOU and WE are independent contractors in this agreement. A party, and its agents and employees, are not partners, agents, representatives, joint venturers or employees of the other party. YOU have no authority to make or accept any offer on OUR behalf. YOU will not do or say anything to contradict this independent contractor relationship. Prior to receiving any commission revenue, you must provide us with a completed, signed W9 Form (U.S. Affiliates) or a W8-BEN Form (Non-U.S. Affiliates). Should your address, name, or other identifying information change, you must provide a new W9 Form or W8-BEN Form to continue receiving any earned commissions. OUR RESPONSIBILITIES WE agree to furnish YOU access to OUR network site(s) for which you have been accepted as an Affiliate through links furnished by US. WE will provide YOU with the minimum necessary advertisement links or codes (based upon the network for which You have been accepted) for You to place onto your approved web site(s) page(s). YOU agree not to attempt modifying any advertisement link or code; or your web page(s), in any manner that may interfere with the delivery and proper display of advertisement content. WE will maintain OUR network site(s) on OUR server(s). WE retain the right to make changes to OUR network site(s) as deemed necessary by US at OUR sole discretion and without any advance notice. WE will provide statistical data for revenue generated by You for which We were able to track, record and log in good faith using Our software. YOUR RESPONSIBILITIES YOU agree to display the respective advertisement code or link on YOUR site as provided to You by Us. For copyright issues and other concerns, YOU must legally own the domain(s) which YOU listed on YOUR affiliate registration. YOU agree to follow any instructions or guidelines WE dictate for using codes or links. YOU agree to cooperate fully with US to ensure codes and links are maintained and used according to OUR requirements as well as the marketing Terms and Conditions of each respective Client Advertiser. YOU will not alter, modify or expand any code or link, and will install it in the precise format provided to YOU by US. You will not attempt to conceal the results of Our codes or links in any manner, including but not limited to; the use of background colors, overlapping graphics, font manipulation, resizing, frames pages or iframes without first receiving expressed written permission from Us. You agree to not place Our Client Advertiser links or codes onto any incentive-based website(s) unless placement on incentive-based websites is specifically authorized in writing by Pulsar Marketing and the respective Client Advertiser(s). You agree to follow all marketing Terms and Conditions as set forth by Pulsar Marketing and Client Advertisers including; but not limited to, content which may or may not be permitted on link/code placement web pages or emails, approved graphics, textual content, as well as updating graphics and textual content as required to remain within marketing compliance. You will earn commissions only for valid consumer actions which were derived via the codes and links provided to You by Us. For details regarding valid consumer actions, refer to the respective Affiliate Network. YOU agree to accept email and other correspondence from US at the email and/or physical mail address YOU provide US on YOUR Registration Form. YOU agree to keep US advised and up to date on any and all changes that may be necessary as to the information You had submitted on the Affiliate Registration Form. YOU agree that if YOU advise US that YOU no longer wish to receive email from US then this agreement will be considered terminated and Your Affiliate membership will likewise be terminated, and any earned yet unpaid commissions shall remain subject to Our minimal payment requirements. In the event You have an unpaid balance which does not meet Our minimal payment requirement, You shall forfeit said balance upon termination of this Agreement. YOU agree not to solicit, nor attempt to solicit, any Client Advertiser on any Pulsar Marketing network for the purpose of entering into direct advertising agreements which may circumvent OUR service and the award of OUR service fee to Us. YOU further agree not to entertain any solicitation which YOU may receive from any Client Advertiser on OUR network, and to report such instances within two (2) business days of receiving any such solicitation. YOU understand and agree that violations of this policy, and any violation of OUR AGREEMENT, shall result in YOUR immediate termination from any and all Pulsar Marketing networks and forfeiture of any and all earned yet outstanding revenue, regardless of balance amount. YOU agree that unsolicited email (spamming) and/or other generally unacceptable forms of marketing and/or any marketing techniques, methods or approaches that are done directly or indirectly promoting OUR products and or services and are not pre-approved by US are Not Permitted. YOU agree that WE are the sole authority to determine if any unapproved marketing YOU do for US directly or indirectly is "generally unacceptable" or is considered "spamming". YOU agree that YOUR failure to follow any and all terms of this agreement allows US, at OUR sole discretion, to immediately terminate this agreement and to deny remitting to You or to Your representative any generated yet unpaid commissions. PAYMENTS Compensation which is earned and originating from activity received through YOUR placement of OUR advertising code or link shall be paid monthly, by the end of the month for the preceding month's earnings, provided the amount is $50 or more ($50 minimal requirement). In the event YOUR earnings are less than $50, YOUR earnings will be carried forward month-to-month until the $50 minimum is obtained. Commission totals from more than one Pulsar Marketing Affiliate Network cannot be combined in order to meet the $50 minimum requirement. In order to receive commission payments from more than one Pulsar Marketing Affiliate Network, You must generate a minimum of $50 in monthly revenue from each network. For networks in which You generate revenue yet fail to generate a minimum of $50 in monthly revenue, said revenue shall be carried forward month-to-month on the respective network until You generate the required $50 minimum. Additionally, Affiliates with multiple Affiliate memberships at the same Pulsar Marketing Affiliate Network, cannot combine; nor transfer, commission balances from one membership to another. For commission payout amounts, refer to each Client Advertiser's compensation at the respective Pulsar Marketing Affiliate Network. In order to receive your earned commissions pursuant to our payout schedule, the following information is necessary: U.S. Affiliates: You must be a U.S. citizen residing in the U.S. with a valid, physical mailing address. You must provide Us with a completed, signed W9 Form for each current tax year. Commission payments are rendered via a Pulsar Marketing debit card or a mailed check to a physical U.S. address (not to a PO Box). Commission payments generated yet pending distribution due to YOUR not having supplied the necessary current tax form or other personal information, shall be held for a maximum of 90 days from the date of the check; or in the event of debit card payments, 90 days from the date in which the payment transfer was to occur. Affiliates who do not provide the proper tax form or other required personal information prior to the 90 day expiry shall forfeit said commission payment(s). Non-U.S. Affiliates: To claim Non-U.S. Affiliate status, You must either reside outside of the U.S. or be able to prove You do not have U.S. citizenship. You must provide Us with a completed, signed W8-BEN Form for each current tax year, as well as a PayPal email address which lists Your PayTo Name and declares Your PayPal account as a Verified Non-US Member. Commission payments are rendered via PayPal or a mailed check to a physical Non-U.S. address (not to a PO Box). Commission payments generated yet pending distribution due to YOUR not having supplied the necessary current tax form or other personal information, shall be held for a maximum of 90 days from the date of the check; or in the event of debit card payments, 90 days from the date in which the payment transfer was to occur. Affiliates who do not provide the proper tax form or other required personal information prior to the 90 day expiry shall forfeit said commission payment(s). NOTE: Citizenship/Residency Change: You cannot change any citizenship nor country of residence information after registering, joining and/or getting approved for any Pulsar Marketing Affiliate Network. If You need to change Your citizenship and/or national residency, You must terminate Your existing Affiliate membership and re-join using Your new citizenship/residency information. Pursuant to Our termination policy, generated yet unpaid commissions cannot be transferred from one Affiliate membership to another. Additionally, commission payments will not be forwarded from a previous declared U.S. address to a Non-U.S. address. REPRESENTATIONS AND WARRANTIES YOU represent to US that YOU have the authority to enter into this Agreement, that YOU are licensed (to the extent required by law) to do business and to carry out YOUR obligations in this Agreement, and that, to YOUR knowledge, there is nothing that would prevent or threaten YOUR ability to perform YOUR obligations in this agreement. YOU have independently evaluated the desirability of participating in the program and YOU are not relying on any representation, guarantee or assurance other than as stated in this agreement. YOU represent; to the best of YOUR knowledge and control, all consumer activity and any and all subsequent commission earnings generated through the Advertising codes and links provided to You by Us are valid and; in instances of application/lead form submissions, such forms were completed and submitted by the same person whose name is on the application. CHANGES WE may change, modify, add or delete any term or condition of this Agreement (collectively a "Change"), at any time and at OUR sole discretion, by emailing to YOU or by posting on OUR site the Change, effective on the date WE specify. Changes may relate to, for example, the scope or type of Commissions, the Commission payment schedule, payment procedures and Program rules. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT PURSUANT TO OUR TERMINATION POLICY. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTERWARDS CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE. WARRANTY DISCLAIMERS OUR site is provided as is, without any express or implied warranty of any kind with respect to OUR program, the links or OUR system(s), policies or procedures, including, without limitation, warranties of fitness, merchantability or non-infringement of intellectual property. In addition, WE make no representation or warranty that the operation of OUR site will be uninterrupted or error free, and WE will not be liable for any interruptions, downtime or errors. WE cannot be held liable for the accuracy of, or errors in, the reports WE use from others or from the failure of others to provide reports, although WE will make all reasonable efforts to assure such reports are accurate and timely to the best of OUR ability. WE may at any time directly or indirectly solicit new customers on terms that may differ from those in this agreement or from those in effect at the time of this agreement. WE may operate web sites that are similar to or compete with YOUR site. CONFIDENTIALITY Without prior written consent, YOU or WE will not use or share with any third party any information relating to the number, percentage or type of visitors on YOUR site that follow a link to OUR site(s) without limitation. YOU or WE will not disclose or share with any third party the amount of compensation paid to YOU under this agreement. This provision will survive termination of this agreement. INDEMNIFICATION WE agree to hold harmless YOU and YOU agree to hold harmless US from any and all loss, damage, liability, claims or causes of action in any way resulting from any acts or omissions of either US or YOU in connection with or in any way related to this agreement. This mutual indemnity shall include, but not be limited to, any loss, damage, liability, claims, or causes of action under any state or federal consumer credit laws, including but not limited to the Federal Truth in Lending Act and Equal Credit Opportunity Act. LIMITATION OF LIABILITY WE will not be liable for indirect, special or consequential damages, such as loss of revenue, profits or data, arising from or in connection with this agreement or the program, regardless of whether WE were informed or had direct or imputed knowledge of the possibility of direct, special or consequential damages. YOUR obligations in this provision will survive termination or expiration of this agreement. Except with respect to compensation payment obligations WE owe to YOU, the total aggregate liability relating to this agreement that WE will be liable for is $500.00. TERM, TERMINATION The term of this agreement is thirty (30) days from the date of its execution by both parties, and is automatically renewed monthly until terminated by YOU or US. Upon termination of this agreement all compensation paid to YOU shall immediately cease. The indemnification and other terms that are necessary after the termination of this agreement shall survive any termination of this agreement. Pulsar Marketing Inc.; may, at Pulsar Marketing Inc's sole discretion, terminate You from any or all Pulsar Marketing Affiliate Networks. Common reasons for Affiliate Termination by Pulsar Marketing Inc include; but are not limited to, Your failure to comply with Pulsar Marketing's Terms and Conditions contained in this AGREEMENT, Your failure to meet the marketing Terms and Conditions as set forth by Pulsar Marketing's Client Advertisers, inability for Pulsar Marketing to contact You via email or telephone, vulgar/obscene correspondence; whether verbal or written, from You to any Pulsar Marketing Inc staff member, or failure to provide required tax information within 90 days of generating commissions. YOU agree that termination of this agreement; for any reason either by You or by Us, will also immediately terminate any further payments for commissions generated by You yet unpaid by Us. In such event, any earned yet unpaid balance(s) shall be forfeited by You. BINDING AND SOLE AGREEMENT This agreement shall be binding upon YOU and US and to any successors and/or assignees. This agreement is the sole agreement between the parties, no prior agreements or understandings shall be effective for any reason. The waiver or failure of either party to exercise any right provided in this agreement shall not be deemed a waiver of any other rights. In the event that any portion of this agreement be declared void, unlawful or unenforceable, that portion shall be deemed stricken from this agreement and the remaining portions of this agreement shall continue in full force and effect. YOU shall comply with all United States Of America Federal, State, and Local laws. NO ASSIGNMENT YOU will not assign any aspect of this agreement to another person or entity without OUR prior written consent which will be at OUR sole discretion. GOVERNING LAW This agreement shall be construed and enforced in accordance with, and governed by, the laws of The United States Of America and or the State Of Mississippi. All causes of action between the parties shall be brought in the appropriate court in Harrison County, Mississippi. In the event of litigation, the prevailing party shall be entitled to recover reasonable attorney fees and costs. CORRESPONDENCE All correspondence WE send to YOU, including but not limited to YOUR compensation payments, will be sent to the email address and or the mailing address YOU provided to US on the Pulsar Marketing Affiliate Program Registration Form. DIRECT ALL CORRESPONDENCE REGARDING ANY PULSAR MARKETING AFFILIATE NETWORK TO: Pulsar Marketing, 22272 Tootle Road, Gulfport, MS 39503 ENTIRE AGREEMENT This agreement is the complete and entire agreement of the contract between YOU and US regarding this relationship and will not be affected by any prior written or oral agreements or assurances.
