Effective Date: August 1 2007 (In force until further notice)
Welcome to the Psychics City Terms and Conditions. This Agreement sets forth the terms and conditions under which Psychics City.com makes the Psychics City Web site and Affiliate Program available to you. By becoming a Psychics City Member or Affiliate and using the Website or Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Memebreship Website, or Affiliate Program.
Psychics City.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Psychics City.com Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Membership Site orAffiliate Program. Your continued participation in the Membership site or Affiliate Program following posting of a change notice or new agreement on the Psychics City.com Web Site will constitute binding acceptance of the changes.
1. General Psychics City Rules
1.1 The Psychics City.com Terms of Service and the Psychics City.com Privacy Policy are incorporated herein by this reference. As an Affiliate or Memebr of the site you will continue to be bound by the Psychics City.com Terms of Service and the Psychics City.com Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "Psychics City.com Services," and all terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Psychics City Rules. In the event of an inconsistency between this Agreement and the Psychics City.com, the Terms of Service (this Agreement) shall overide.
2. Becoming a Psychics City Affiliate
2.1 Eligibility. Psychics City.com will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18,you may Not participate in the Affiliate Program. The Affiliate Program is not intended for children under the age of 18.
2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account with Psychics City.com through its online registration process, and agree to be bound by both our privacy policy and the terms and condition herein. You must also have or open a Paypal account so you can be paid directly into such.
2.3 Contact Information. You must provide Psychics City.com with accurate and complete contact and payment information when you open an Account. You must immediately notify Psychics City.com if any of your contact or payment information changes. If you do not provide Psychics City.com with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. Psychics City.com cannot be held resposible for any 'missed payments' if you do not provide the correct information.
2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Psychics City.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Psychics City.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the Psychics City.com Service. Be aware that if you are a psychics city member, you will still need to sign up as an affiliate to participate in the program. You are able to choose to use the same login as you use for your psychics ciy membership site- when registering as an affiliate.
3. Your Obligations
3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of Psychics City.com and third parties. You must comply with the Affiliate Guidelines and any other applicable guidelines set forth in the Psychics City.com Privacy or Terms of Service Policy
3.2 Affiliate Links. As a member of the Affiliate Program, Psychics City.com will provide you with special Affiliate "tagged" link formats (Your personal tracking links) to be used in linking to the Psychics City.com Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Affiliate Link formats. You will only earn commissions on activities occurring on the Psychics City.com Web Site if such activity was originated from properly formatted Affiliate Links. Psychics City.com will not be liable to you for any failure by you to use the Affiliate Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.
3.3 Use of Affiliate Links. Psychics City.com will provide you with the Affiliate Links and graphical artwork to use in linking to the Psychics City.com Web Site. You must use the Affiliate Links in accordance with the terms and conditions in this Agreement. Affiliate Guidelines. The Affiliate Links will include, without limitation, one or more of the following types of links to the Psychics City.com Web Site:
(a) Portal Page Links
(b) Banner Links
(c) General Link To Psychics City.com Home Page
(d) Product Links
4. Customers Purchasing Via the Psychics City Affiliate Program.
4.1 Order Processing and Reporting.
Psychics City.com (via paypal/clickbank or 2CO) will process all product/memebership orders placed by customers who follow Affiliate Links to the Psychics City.com Web Site. Psychics City.com reserves the right to reject orders that do not comply with any requirements that Psychics City.com has and may periodically establish. Psychics City.com will be responsible for all aspects of order processing and fulfillment. Among other things, Psychics City.com will prepare order forms, process payments and handle customer service. Psychics City.com will track sales made to Customers who purchase products using Affiliate Links from your web site/emails/forum sigs to the Psychics City.com Web Site and will make available to you reports summarizing sales activity. Psychics City.com will use all commercially reasonable efforts to present accurate information in the reports, but Psychics City.com cannot guarantee the complete 100% accuracy of the reports.
AFFILIATE PROGRAM TERMS AND CONDITIONS:
In order to be compensated as an Affiliate for referring customers to our services, you agree to the terms and conditions of this agreement. Psychics City.comare entering into a simple business agreement in the best interests of both parties. Affiliates and Psychics City.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement. Affiliates shall indemnify and hold Psychics City.com harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of them as a participating Affiliate.
Under no circumstances will Psychics City.com be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing,Psychics City.com aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to Affiliate under this agreement.Psychics City will own all right, title and interest in and to all information that is created or collected in the operation of the Psychics City.com site and reserves the right to amend or terminate this Agreement at any time, with or without notice to Affiliate. It is the full responsibility of Affiliate to market the Psychics City Memberships and Products in a legal, ethical and honest fashion and Affiliate agrees that Psychics City.com will be held harmless from any and all actions of Affiliates and Affiliate marketing and promotional programs. Affiliate shall at all times comply with all local and Federal spam, and fax broadcast laws. Any affiliate advertisement that does not comply with applicable local, state/Country or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of Psychics City trademarks, marks and names. Should action be brought against Psychics City for such activity by an Affiliate, the Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to legal costs for any alleged infraction of these laws.
Psychics City.com reserves the right to amend all pricing plans, commissions or conditions relative to this agreement Psychics City.com reserves the right to terminate any affiliate with or without cause at the sole discretion of Psychics City.com with or without notice. By joining the Psychics City.com affiliate program, the affiliate is tendering his/her personal guarantee of these terms and conditions. Psychics City.com does not permit outbound telemarketing in any circumstances including the use of dialers or facsimile advertising (fax blasting). The Psychics City.com terms of service forbid this type of activity. Violation of this policy will result in Affiliates immediate termination with out payment of commissions. Affiliate's further agree and warrants that it will comply with all local, state/Country and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails. Affiliate's shall not issue nor cause to be issued any news/media/press release that uses the Psychics City.com Logo or Name without prior written consent from Psychics City.com.
4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of Psychics City.com. Accordingly, all of the Psychics City.com rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Psychics City.com may change the Psychics City.com policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Psychics City.com will use all commercially reasonable efforts to present accurate information, but Psychics City.com cannot guarantee the availability or price of any particular product.
5. Affiliate Commissions and Reporting.
5.1 Affiliate Commissions. Psychics City.com will pay you commissions in accordance with this Agreement as per your recorded Affiliate Commission Schedule. Affiliate Commission Schedule is incorporated herein by this reference. Psychics City Affiliates can earn commissions on the following types of transactions:
(a) Psychics City.com will pay you a commission on qualifying sales originating from Affiliate Links on your web site or web space in accordance with the then current Affiliate Commission Schedule
(b) Psychics City.com will also pay you a commission on sales for memberships or our own products.
5.2 Payment of Commissions.
(a) Tax Information. The Affilaite is solely responsible for paying their own tax and contributions at all times.
(b) Payment Terms. Psychics City.com will pay you Commissions on a monthly basis, once your commissions reach $50 Psychics City.com will send you a payment right into your Paypal account for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $50.00, Psychics City.com will hold your Commissions until the total amount due is at least $50.00 or until this Agreement is terminated.
(d) Processing Fees. If Psychics City.com owes you accrued Commissions that are less than $50.00 for at least 365 days, then Psychics City.com may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Psychics City.com's administrative costs and no payment will be made to you.
(e) Termination Fees. If you or Psychics City.com terminate your Account, and you have less than $50 in accrued but unpaid Commissions then outstanding, Psychics City.com may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.
6. Identifying Yourself As An Affiliate.
6.1 Logo. Psychics City.com will make available to you small graphic images that identifies you as a Psychics City Affiliate Program participant. You must display this logo or the phrase "In affiliation with Psychics City.com" somewhere on your web site or web space. Psychics City.com may modify the text or graphic image of this notice from time to time.
6.2 All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without Psychics City.com's prior written consent, which may be given or withheld in its sole discretion.
7. Limited Licenses.
7.1 Psychics City.com License to You of Logo and Links. Psychics City.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Psychics City.com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Psychics City.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Affiliate Links connecting your web site or web space to the Psychics City.com Web Site and promoting the sale of products on the Psychics City.com Web Site. All product images must be served by your own Web Site and cannot be used in any form other than the form provided by Psychics City.com. You may not modify the graphic images or text, or any other of the Psychics City.com images, in any way. Psychics City.com may revoke your license at any time by giving you written notice. Psychics City.com reserves all of its rights in the graphic images, text, any other images, Psychics City.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Psychics City.com's intellectual property shall inure to the benefit of Psychics City.com.
8. Indemnification.
As you are bound by the Terms of Service in using the Psychics City.com Affiliate Program, you must indemnify, defend and hold Psychics City.com harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with the Terms of Service. You must also indemnify, defend, and hold Psychics City.com harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Psychics City.com's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark,copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to Psychics City.com. Psychics City.com may withhold any Commissions that it owes you if you have to indemnify Psychics City.com. No Spam/cloaked sites will be accepted as acceptable use. Any content scraper sites found to be making use of our materials will be persued and appropriate action taken by Psychics City.com. If the sites prove to be owned by one of our affiliates, their affilaite status will be immidiatly revoked, and terminated forthwith.
9. Term and Termination.
9.1 Term. The term of this Agreement will begin upon Psychics City.com's acceptance of your Affiliate Program application and will end when terminated by either party.
9.2 Psychics City.com Termination. In its sole discretion, with or without notice to you, Psychics City.com may terminate your participation in the Affiliate Program and terminate your Account. If Psychics City.com determines, in its sole discretion, that you are abusing the system, the Psychics City.com Service and/or the Psychics City Affiliate Program, Psychics City.com may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.
9.3 Your Termination. You may terminate your Account for any reason at any time.
9.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Psychics City.com may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Psychics City.com Web Site, product images from the Psychics City.com Affilaite Area, all Psychics City.com trademarks, trade dress and logos, all Affilaite Links, and all other materials provided by or on behalf of Psychics City.com to you pursuant hereto or in connection with the Affiliate Program.
9.5 We at Psychics City do not issue refunds should you decide to terminate your membership half way through any month.
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