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STEP 1: Affiliate Program Registration Agreement

Below are the Terms and Conditions of the Childcare Directory Affiliate Program. It also explains how pay outs will be made. You will need to click on the link at the bottom to accept these terms and conditions and continue to Registration.

Registration Agreement.

This Affiliate Program Agreement is made by and between Childcare Directory, a subsidiary of ParrComm, Inc., and you.

Your aspiration is to earn compensation through your Web site by increasing sales for Childcare Directory, you request permission to participate in and agree to adhere to the terms and conditions of the Childcare Directory "Affiliate Program" as follows:

Business Practices
As a member of our "Affiliate Program", you agree engage in only 'Ethical Business Practices' as are defined by Childcare Directory:

  1. You have a quality Web site that is professionally arranged, and periodically maintained.
  2. Your Web site does not contain, promote, or link to Web sites or any form of media that contain, encourage, produce or promote, libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, or illegal offers whatsoever.
  3. Upon approval, you may post the Childcare Directory link on your Web site as is granted in this agreement. The links you establish between Childcare Directory and your Web site will provide you with the opportunity to earn payouts for sales that result.
  4. Childcare Directory will provide you with reasonable support for the service.

Tracking and Reporting
Childcare Directory will track sales that result directly from links to your Web site and allocate payouts. If your links are not tracking due to circumstances under your control, you will repair or fix the problem promptly.

  1. 1. You may plant our links on or remove them from your Web site and your e-mail messages at your discretion subject to the terms and conditions of this agreement.
    1. You may not place our links in newsgroups, on message boards, in unsolicited e-mail messages, or banner networks, counters, chat-rooms, guest books, IRC channel, or any other format not consistent with the provisions of this agreement.
  2. Your links must be placed with the intent of deliver legitimate sales to Childcare Directory.
  3. Once approved as a member of our 'Affiliate Program', Childcare Directory reserves the right at our discretion to terminate your linking rights without prior notice or explanation. Termination in this manner shall not affect any payouts that you earned prior to termination.
Payouts
Childcare Directory reserves the right to change any payout amount or percentage as to new transactions at any time; however, payouts shall accrue in accordance with the program, amount or percentage in effect at the time the payout is earned. Upon any change to the payout in amount or percentage, Childcare Directory will send each member who hosts' links to our Web site an email notice regarding the change. It is your duty to determine the current payout rates in effect.

Childcare Directory will credit your account with $5.00 for each lead that signs up and is accepted to participate as an affiliate at Childcare Directory within 24 hours of the visit from your link.

A legitimate sale or lead will be deemed to have resulted directly from one of your links, if the sale or lead occurs within 24 hours of the time that the visitor clicked on your direct link to Architecturals.net. If a sale occurs more than 24 hours after the visitor last clicked on one of your links, then you will not be credited with the payout. If a visitor has clicked on two different affiliates' links within 24 hours of a resulting sale, the payout will be credited to the host of the link clicked last.

Childcare Directory Obligation to Pay
If your account balance exceeds the "Minimum Balance Amount" of US$25.00 as set by Childcare Directory at the end of any calendar month, the entire accumulated positive balance in your account will be transmitted.
  1. If your account does not meet the "Minimum Balance Amount", the funds will not be transmitted until the end of a subsequent calendar month in which you achieve the "Minimum Balance Amount".
  2. Your Account will not accrue interest.
Charge-backs
Childcare Directory will reverse any payout related to a sale or lead in any case of a product return; duplicate entry or other clear error; an illegitimate sale, lead; or, with respect to a sale, non-receipt of payment from the visitor to the merchant.
  1. In the event Childcare Directory receives a charge-back request within 10 days of the date your account was credited for the related payout, Childcare Directory has the right to debit your account in the amount of the related payout.
    1. Childcare Directory may withhold other payouts earned to offset the Charge-back(s) against your account.
  2. If your Account balance is less than the amount of your charge-back(s), the difference will be deducted against your future earnings.
Proprietary Rights and Licenses
You represent and warrant that none of the content that you provide to this program, on your Web site or in any e-mail in which you place one of our links is defamatory, libelous, unlawful or otherwise objectionable, or infringes upon any third party's rights (including, without limitation, intellectual property rights).
  1. Childcare Directory grants you a revocable, non-transferable, royalty free, international license, subject to the terms and conditions of Childcare Directory license, to allow Childcare Directory links to be created on your Web site and e-mail and to copyrights Childcare Directory content for the limited purposes of and subject to the terms and conditions of this agreement.
  2. You agree to remove or update any link promptly upon Childcare Directory request. You shall not otherwise copy, nor in any manner modify, in any way any icons, buttons, banners, graphics files, names, trademarks, or copyrighted content that you receive from Childcare Directory.
  3. Your provision to the Service of any images, technology or content shall not affect your proprietary rights, if any, and no part shall be deemed licensed except as explicitly provided for herein, and, under no circumstances, shall any part be deemed assigned in any manner.
  4. You shall not challenge the validity of or attempt to register any marks, or your interest therein as a licensee of Childcare Directory.
    1. You shall not adopt any names, trademarks, or service marks of or similar to those provided by Childcare Directory.
    2. By your use of any Childcare Directory links, trademarks, service marks, and copyrighted content ("Intellectual Property"), you acknowledge you have no proprietary rights in the Intellectual Property and agree not to challenge Childcare Directory proprietary rights.
    3. You acknowledge the right of Childcare Directory to use all names; trademarks and service marks that may appear in each link you cause to be placed on your Web site or in your e-mail.
    4. You agree that all goodwill arising as a result of your use of Childcare Directory links shall inure to the benefit of Childcare Directory. Limited only by the express license and/or license herein to use links.
    5. You agree that the intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing remain with Childcare Directory.
  5. 5. You agree that any license to you under this Agreement may be terminated immediately without notice to you if Childcare Directory has reasonable concerns that you are diluting, tarnishing or blurring the value of the marks, and no notice shall be required for termination for breach of Childcare Directory intellectual property rights.
Privacy and Confidentiality
Childcare Directory respects privacy, and promises not to disclose, other than under compulsion of law, including subpoena, and as reasonably necessary to our agents, consultants and potential investors, any personal or business information that can be linked specifically to any of your visitors, without your express permission.
  1. To the extent Childcare Directory collects any such information. Childcare Directory will not sell the name, e-mail address, phone number, or any other personal information regarding your visitors to anyone.
    1. Childcare Directory considers this information to be private, and, if ever collected, will treat it as such.
    2. By clicking on our links, your visitors will have cookies placed on their hard drives.
    3. You agree Childcare Directory may post performance statistics based on you and your links.
  2. Childcare Directory reserves the right to be able to utilize this data, which may include information about you, in aggregate to analyze service trends, monitor service efficiencies, and for such other uses as Childcare Directory considers appropriate.
    1. Childcare Directory will not disclose publicly or on its web site, any of your data separately, or in a manner that would enable anyone to identify such data with you, unless Childcare Directory is under compulsion of law.
Requirements of the Service
Childcare Directory reserves the right to judge any content or Web site inappropriate based on reasonable Internet business standards. As Childcare Directory may not review all information provided by you, you shall remain solely responsible for your content and Web site. You understand and agree that Childcare Directory is, under no circumstances, responsible for the content or practices on any Web site.
  1. You agree that Childcare Directory may rely on any data, notice, instruction or request received that Childcare Directory reasonably believes to be genuine and to be authorized by you.
    1. You shall promptly notify Childcare Directory by e-mail of any known or suspected unauthorized use of your account, or any known or suspected breach of security.
    2. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, whether authorized by you or not.
    3. Any reasonably suspected fraudulent, abusive or otherwise illegal activity is grounds for immediate termination of this Agreement and deactivation of any of your links, without notice and Affiliate to the appropriate law enforcement agencies.
Changes to the Service
Childcare Directory reserves the right to modify, add or remove portions of this Agreement and may add to, change, suspend or discontinue any aspect of the service. Except as otherwise provided in this agreement.
  1. Childcare Directory will provide you with notice at least 7 calendar days prior to any such changes taking effect, during which time You may terminate this agreement immediately by notifying Childcare Directory and taking all reasonable steps to immediately withdraw from the 'Affiliate Program'.
  2. Your failure to so terminate this Agreement during those 7 calendar days shall be deemed your irrefutable acceptance of the change to this agreement or material change to the Service.
Remedies
Absent manifest error, the number or amount of sales, and/or leads, the credits for payouts, and the charges for Charge-backs, that are calculated by Childcare Directory in good faith shall be final and binding.
  1. Childcare Directory may terminate this agreement, deactivate you or remove any of our links without prior notice if Childcare Directory believes in good faith that you are:
    1. Harming the reputation of Childcare Directory.
    2. In breach of this agreement.
    3. Not responding reasonably promptly to Childcare Directory attempts to communicate.
  2. If you fail to remedy a breach of this agreement or fail to provide evidence satisfactory to Childcare Directory that no breach has occurred, Childcare Directory may in its sole discretion terminate this agreement without any further obligation or compensation to you for such termination.
  3. You acknowledge that remedies at law may be inadequate to protect against breach of Childcare Directory intellectual property rights, as prohibited under this Agreement, and you hereby agree to the granting of injunctive relief without the posting of a bond or undertaking, for the protection of terms laid out in this Agreement without proof of actual damages.
    1. The parties further agree that in the event legal proceedings are initiated to enforce this agreement, attorneys' fees shall be awarded to the prevailing party.
  4. Should you and any third party each allege entitlement to any money or other property that Childcare Directory possesses, Childcare Directory has the right to interplead any such money or property into any court with jurisdiction over this agreement and deduct the associated reasonable costs and attorneys' fees from your account.
  5. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
Disclaimer of Warranties & Limitation of Liability
Each party will make reasonable commercial efforts to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. We agree and acknowledge that it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions.
  1. ANY LIABILITY OF Childcare Directory UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PAYOUTS PAID AND PAYABLE BY Childcare Directory DURING THE TERM OF THIS AGREEMENT.
  2. Childcare Directory SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, NOR ANY CLAIM BY ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO A CLAIM BY A MEMBER, EVEN IF Childcare Directory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
  3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Childcare Directory DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO:
    1. THAT THE SERVICE WILL BE MERCHANTABLE AND/OR FIT FOR A PARTICULAR PURPOSE.
    2. THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
    3. THAT DEFECTS WILL BE CORRECTED.
    4. THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS.
    5. THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
    6. REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
    7. AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION.
    8. AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER' PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER.
  4. Childcare Directory SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, LICENSEES, OR ATTORNEYS, FOR Childcare Directory WILLFUL, RECKLESS OR NEGLIGENT CONDUCT RELATED TO OR ARISING FROM:
    1. FAILURE BY YOU OR YOUR MERCHANTS TO USE THE MOST RECENT VERSION OF TRACKING CODES OR LINKS, OR THE MODIFICATION OR MISUSE THEREOF.
    2. Childcare Directory DELAY IN FURNISHING SERVICES
    3. THE INABILITY TO USE THE SERVICE OR ANY INFORMATION PROVIDED ON ANY WEB SITE OR ANY LINKED WEB SITE.
    4. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEB SITE OR ANY LINKED WEB SITE.
    5. UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DESTRUCTION OF THE WEB SITE, CUSTOMER DATA FILES, SYSTEMS OR PROGRAMS.
    6. ANY ACT OR OMISSION BY A 'AFFILIATE PROGRAM' MEMBER.
    7. THE CONTENT OR USE OF ANY WEB SITE.
  5. YOU ACKNOWLEDGE THAT THE PROVISIONS HEREIN ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.
Indemnification
You shall defend, indemnify and hold Childcare Directory harmless against all claims, suits, costs, damages and judgments incurred, claimed or sustained by third parties related in any manner to this agreement.

CLICK HERE to ACCEPT this agreement and proceed to Step 2

 

CLICK HERE if you DO NOT ACCEPT this agreement

 

 


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