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Terms and Conditions
To be an authorized affiliate of MyTechTeam.net, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the MyTechTeam.net service as an affiliate. By signing up for the My Tech Team affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This Affiliate Service Agreement (the "Agreement") is made by and between The IT Support Department, LLC dba My Tech Team, a Louisiana, USA limited liability corporation (My Tech Team"), and you, as an Affiliate utilizing the My Tech Team affiliate service ("You", "Your", "Affiliate"). 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, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not sign up. The following agreement is summarized as follows: * You place our banners, links, or other materials anywhere on your site as you see fit, or within non-spam emails. * We may email you concerning new merchant programs * We might change the service here and then * Adult, Hate, or other related sites are not allowed * You will be paid your commissions, at such time as your account balance is $50 or more. * All statistics are collected and calculated by My Tech Team, and will be the only valid stats used for determining commissions. * Any page that contains My Tech Team links, banners, or code must be written in English. * As an affiliate, you can only have 1 account. Self-referrals for affiliate or merchant accounts are strictly prohibited. * International affiliates (those with addresses outside of the 50 U.S. States) are not accepted at this time. * Your physical address listed for receiving checks MUST be your actual address and MUST be a U.S. address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. * You won't hold us liable for anything, a link to a non- My Tech Team Web site does not mean that My Tech Team endorses or accepts any responsibility for the content or the use of such Web site. * You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense. * You may place banners or links within your newsletters, in content of your website, or within other web related content. * Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be assessed once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to My Tech Team based on fees. The account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state. * NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed. * NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form. * NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user. * Failure to abide by these rules means termination from a given merchant program, or from My Tech Team affiliate program completely with a complete forfeit of commissions. * Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS. * If you run or utilize an incentive website, you MAY participate in My Tech Teams pay-per-click program ONLY IF you receive specific written (fax or email are ok as well) permission from the merchant. You must also copy this specific permission to us, and that permission must detail exactly what kind of incentive your users have to click the links. Without this permission, your commissions may be voided. *There are several levels of membership: All affiliates begin at the first level. Your status will be changed to a higher level based on your performance. * You cannot refer yourself as a Merchant with My Tech Team and receive commission. Sorry. PRIVACY POLICY My Tech Team respects the privacy of its users and will not disclose personal information to third parties without the express permission of You. If You have any questions please contact support@mytechteam.net. AFFILIATE PAYMENT You will receive a Commission for sending authorized purchasers via Your Links. In order to place Links, You must first be approved by a My Tech Team to become an Affiliate. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from My Tech Team. Payments are made automatically on or around the First of each month when Your account balance reaches $50 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. You will NEVER be asked to send money to My Tech Team SERVICE AND SUPPORT My Tech Team will provide support for the Service via email at affiliatemanager@mytechteam.net EMAIL CONTACT My Tech Team 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 My Tech Team related products and services. CHANGES TO THE SERVICE My Tech Team 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, My Tech Team will notify You via e-mail at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. REGISTRATION To sign up as an Affiliate of My Tech Team and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age. You are responsible for paying any applicable taxes according to your location, be it self employment or otherwise. My Tech Team will not send you any tax forms. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN My Tech Team affiliate program: 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 My Tech Team 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 My Tech Team may rely on any data, notice, instruction or request furnished to My Tech Team by You which is reasonably believed by My Tech Team to be genuine and to have been sent or presented by a person reasonably believed by My Tech Team to be authorized to act on Your behalf. You shall notify My Tech Team by e-mail at support@mytechteam.net 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 My Tech Team and referral to the appropriate law enforcement agencies. ACCEPTED USE You represent to My Tech Team that all content You provide to the Service is solely owned by You or provided by You with the express authority of You or 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, libelous, 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 libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As My Tech Team 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. My Tech Team RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF My Tech Team. If You are terminated from the Service, My Tech Team 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 My Tech Team. 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, My Tech Team 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,My Tech Team 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. The Merchant 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 Merchant 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. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT. LIMITATION OF LIABILITY My Tech Team 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 My Tech Team SERVICE OR ANY INFORMATION PROVIDED ON THE shareasale.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 shareasale.com OR A shareasale.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, My TEch Team'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 My Tech Team, 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 My Tech Team 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. My Tech Team 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 My Tech Team's negligence or willful misconduct in performance of the Services or its breach of this Agreement. NON-DISCLOSURE My Tech Team acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of You or Your company. My Tech Team 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 My Tech Team, that becomes available to My Tech Team from third parties without knowledge by My Tech Team of any breach of fiduciary duty, or that My Tech Team had in its possession prior to the date of this Agreement. My Tech Team 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. My Tech Team 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 My Tech Team 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, tradenames 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 My Tech Team makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-My Tech Team Web site does not mean that My Tech Team endorses or accepts any responsibility for the content or the use of such Web site. NONASSIGNABILITY Affiliate or My Tech Team may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. 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 Louisiana, 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 and for the State of Louisiana, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
I have read, understand and agree to the above terms and conditions.
CAN-SPAM Rules and Acceptance
Following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message. Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message. Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement. Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations. Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act. Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.
I have read, understand and agree to the above CAN-SPAM rules.
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