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This Affiliate Service Agreement (the "Agreement") is made by and between Prodigy27 E-Stores a Florida, USA corporation ("safetyandsecurityitems.com and ssitems.com"), and you ("You", "Your", "Affiliate"), as an Affiliate utilizing the safetyandsecurityitems.com service. Safetyandsecurityitems.com and ssitems.com are the same website and will be referenced in this document as safetyandsecurityitems.com or Merchant.
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for safetyandsecurityitems.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the safetyandsecurityitems.com Service as an Affiliate.
The following agreement is summarized as follows:
PRIVACY POLICY
safetyandsecurityitems.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact support@ssitems.com.
AFFILIATE PAYMENT
You will receive a Commission for sending authorized sales and leads via Your Links. In order to place Links, You must first be approved by the SSI Affiliate Program to become an Affiliate of the program. You understand that the Payout amount may be changed at any time. This information is also available to You in your safetyandsecurityitems.com account. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive safetyandsecurityitems.com Commission from Prodigy27 E-Stores. Payments are made automatically on the last day of each month when Your account balance reaches $25 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a VOID by a customer generated from your lead, safetyandsecurityitems.com may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to safetyandsecurityitems.com
SERVICE AND SUPPORT
safetyandsecurityitems.com will provide support for the Service as indicated on the safetyandsecurityitems.com Web site using the online support portal or contacting support@ssitems.com.
EMAIL CONTACT
safetyandsecurityitems.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any safetyandsecurityitems.com related products and services.
CHANGES TO THE SERVICE
safetyandsecurityitems.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, safetyandsecurityitems.com will notify You via e-mail, newsletter or the safetyandsecurityitems.com Web site and You may either agree to such changes or withdraw from the Service.
REGISTRATION
To sign up for the SSI Affiliate Program and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN the SSI Affiliate Program (safetyandsecurityitems.com): 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. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide safetyandsecurityitems.com 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 safetyandsecurityitems.com may rely on any data, notice, instruction or request furnished to safetyandsecurityitems.com by You which is reasonably believed by safetyandsecurityitems.com to be genuine and to have been sent or presented by a person reasonably believed by safetyandsecurityitems.com to be authorized to act on Your behalf. You shall notify safetyandsecurityitems.com by e-mail at support@ssitems.com 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 username and password. You shall be responsible for maintaining the confidentiality of Your username 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 safetyandsecurityitems.com and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to safetyandsecurityitems.com that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As safetyandsecurityitems.com may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to Merchant site(s) 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 Your Merchant partners.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, 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 related Merchant for that Link.
Points or reward programs for click or lead programs are NOT allowed. safetyandsecurityitems.com RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF safetyandsecurityitems.com. If You are terminated from the Service, safetyandsecurityitems.com has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join safetyandsecurityitems.com.
LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, safetyandsecurityitems.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, safetyandsecurityitems.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. safetyandsecurityitems.com will make reasonable commercial efforts to keep its transaction service 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 safetyandsecurityitems.com liable for any of the consequences of such interruptions. MERCHANT 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. safetyandsecurityitems.com SHALL HAVE NO LIABILITY WITH RESPECT TO safetyandsecurityitems.com OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF safetyandsecurityitems.com HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF safetyandsecurityitems.com HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY safetyandsecurityitems.com AS A DIRECT RESULT OF THIS AGREEMENT.
LIMITATION OF LIABILITY
safetyandsecurityitems.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE safetyandsecurityitems.com SERVICE OR ANY INFORMATION PROVIDED ON THE safetyandsecurityitems.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF safetyandsecurityitems.com OR A safetyandsecurityitems.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, safetyandsecurityitems.com'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that safetyandsecurityitems.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless safetyandsecurityitems.com 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.
safetyandsecurityitems.com 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 safetyandsecurityitems.com's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
safetyandsecurityitems.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. safetyandsecurityitems.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of safetyandsecurityitems.com, that becomes available to safetyandsecurityitems.com from third parties without knowledge by safetyandsecurityitems.com of any breach of fiduciary duty, or that safetyandsecurityitems.com had in its possession prior to the date of this Agreement. safetyandsecurityitems.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. safetyandsecurityitems.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as safetyandsecurityitems.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, 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 Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge 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 Merchant 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 Merchant’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 Merchant.
REPRESENTATIONS
safetyandsecurityitems.com makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-safetyandsecurityitems.com Web site does not mean that safetyandsecurityitems.com endorses or accepts any responsibility for the content or the use of such Web site.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by FLORIDA, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in Broward County which is in the State of Florida, USA and You consent to such jurisdiction.