Last updated: September 29, 2022
PLEASE READ THESE AFFILIATE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT REGISTER AND/OR PARTICIPATE IN THE PROGRAM.
TO ACCEPT THIS AGREEMENT AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT.
If you are accepting this Agreement on behalf of a legal entity you represent and warrant that you are authorized by such legal entity to do so. By continuing to maintain your Affiliate relationship with us, you acknowledge that you have read and understood this Agreement and agree to be bound by these terms and conditions. Upon our request, you agree to sign a non-electronic version of this Agreement or the relevant Insertion Order.
THESE AFFILIATE TERMS AND CONDITIONS MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME WITH OR WITHOUT ANY REASON.
Your continued access or use of the Program following such changes will be deemed acceptance of such changes. In addition, we reserve the right to modify or cease providing all or any portion of the services or access to the Program at any time, with or without notice. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Affiliate Agreement; Account
1.1 Upon acceptance by the Agreement and continued compliance herewith, the Affiliate shall be allowed to participate in the Program wherein iMonetizeIt shall provide to the Affiliate a limited license to use certain intellectual property of iMonetizeIt on Affiliate websites solely for the limited purposes of marketing and promoting the products and services of iMonetizeIt. As consideration for any traffic directed by the Affiliate to iMonetizeIt through Affiliate marketing and promotional efforts that convert into sales, iMonetizeIt shall pay the Affiliate compensation, as set forth in section 3 below.
1.2 iMonetizeIt reserves the right to deny any affiliate application from any country at the sole discretion of iMonetizeIt. iMonetizeIt also reserves the right to add or remove countries from time to time as business requirements may dictate.
1.3 To register an account you must be in compliance with this Agreement. iMonetizeIt may, in its sole discretion, confirm or otherwise verify or check the truth and accuracy of any registration information provided by the Affiliate. iMonetizeIt may request you as account holder to complete an approval procedure (e.g. provide additional information on promotion methods and/or identity, and complete an interview with a iMonetizeIt representative). The Affiliate hereby covenants and guarantees to provide to iMonetizeIt only the truthful and valid information regarding the Affiliate’s identity and location; no fake names, aliases or pseudonyms are to be used to disguise the Affiliate’s identity or hide your contact information. The Affiliate expressly consents to keep contact information up to date and inform iMonetizeIt of any changes. The Affiliate also acknowledges and agrees that use of the Affiliate’s account is intended for Affiliate only and no other person or entity will be given any access to it and, likewise, the Affiliate will not use any other person’s or entity’s account for its purposes. In case iMonetizeIt or third-party payment provider requests the Affiliate to prove its identity and location, the Affiliate shall reply within two (2) business days from the day of request and provide valid proof of its identity and location. If at any time iMonetizeIt, in its sole judgment and discretion, determines the Affiliate’s registration information to be misleading, inaccurate or untruthful, iMonetizeIt may restrict, deny or terminate Affiliate’s account, Affiliate’s access and use of, and/or any benefits derived from Affiliate’s participation in the Program; iMonetizeIt may also withhold payment of any commissions and/or other fees that may be or become due or payable to the Affiliate.
1.4 The Affiliate acknowledges and agrees that iMonetizeIt has a right to transfer the Affiliate’s contact/identification information and details of the cooperation to any third party in order to recover debts or to investigate the Affiliate’s fraudulent or illegal activity.
1.5 If account is inactive for a three-month period (i.e. have not started running any campaigns and/or the traffic equal to zero, or the Affiliate did not log into account during 3 months), we may block account within notice. After the date of notice the Affiliate will have 30 calendar days to restore the account. To do so, the Affiliate has to contact us via . If you do not activate your account, the account will be closed. If the Affiliate’s account is removed based on this section, iMonetizeIt shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
1.6 iMonetizeIt retains the right, at its sole discretion, to terminate any accounts involved with any illegal, fraud, deceptive, automated, bot and related activities or other prohibited activities under this Agreement.
2. Rights Granted to Affiliate
iMonetizeIt is working hard to develop the quality of our product and offer services for the Affiliate to use on their websites or other media property, collectively the “Websites”. In order to assist the Affiliate in promoting these products and services, iMonetizeIt has developed proprietary content and marketing systems to assist the Affiliate in making sales on the Affiliate’s websites. In order to use these proprietary content and marketing systems, iMonetizeIt grants the Affiliate each of the following rights:
2.1 The nonexclusive right to use the proprietary content and marketing systems of iMonetizeIt to help generate sales of iMonetizeIt products and services.
2.2 iMonetizeIt grants the Affiliate a limited, nonexclusive, nontransferable and fully revocable license to access, use and install website skins, promotional banners, links, images, videos, product and service content and other promotional materials created, owned or licensed by iMonetizeIt (collectively referred to as the Marketing Materials) for use on Affiliate Websites for the sole and exclusive purpose of advertising, marketing or promoting iMonetizeIt products and services. Within these guidelines, the Affiliate may use these Marketing Materials on Affiliate websites as desired.
2.3 iMonetizeIt owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the Marketing Materials and any other content provided by iMonetizeIt. Upon termination of Affiliate participation in the Program and/ or termination of this Agreement, the grant of right and license set forth herein, shall cease and terminate, and the Affiliate’s right to use the Marketing Materials shall immediately cease.
2.4 The Affiliate is not authorized and shall not change product and service names, trademarks, service marks, design logos, or any Marketing Materials except with specific permission from iMonetizeIt, for any purpose other than as expressly set forth herein or in any modification to this Agreement by iMonetizeIt. The Affiliate further acknowledges and agrees that any such change will be a material breach of this Agreement and may result in your account being terminated and all money due forfeited.
3. Fee and Payment Conditions
iMonetizeIt will pay the Affiliate for sales of iMonetizeIt products and services generated from a banner or link posted on the Affiliate’s websites as follows.
3.1 iMonetizeIt offers a revenue share of all Net Revenue generated by Affiliate websites. For purposes of this Agreement, the term “Net Revenue” shall mean gross sales less any payment processing fees, taxes and costs as well as any chargebacks or refunds.
3.2 iMonetizeIt pays out the Affiliate commission on the NET7, 15 and 30 basis (four times, twice and once a month respectively), unless otherwise agreed by the Parties. NET7 basis is an exceptional condition and is granted based on the iMonetizeit decision. iMonetizeit processes payments within 7 business days after each payment period, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the payment processing system or bank. Wire transfer can be used if the commission amount exceeds $1000. If the commission amount is less than $1000, to receive the payment the Affiliate can choose between other available payment methods: (e.g., Paxum, Payoneer, PayPal) agreed by the parties, and in this case, the minimum payout will be $100, if the other threshold is not required by the applicable payment processing system or determined at the sole discretion of iMonetizeit. Paypal transfer fee will be charged in accordance with the Paypal Fee Policy for your region. It is the Affiliate’s responsibility to open all payment methods in the applicable payment processing systems required by the Program to obtain the payment. It is the Affiliate’s responsibility to notify iMonetizeIt of any payment changes in a timely manner.
3.3 iMonetizeIt will also pay a bonus to the Affiliate if they refer the iMonetizeIt Referral Program to other third party Affiliate.
3.3.1 For each third-party Affiliate that the Affiliate has referred to the iMonetizeIt Referral Program, the Affiliate will have the right to be paid five per cent (5%) of all net revenue generated by the referred third party Affiliate for the first ninety (90) days from the date referral relations are established.
3.3.2 For this purpose, the Parties agree that only the newly established accounts will be eligible for the bonus and that no individuals or companies with pre-existing accounts on the iMonetizeIt Referral Program shall be considered eligible for the effect.
3.3.3 Also, any accounts that have been suspended or terminated from iMonetizeIt Referral Program due to fraudulent or improper activity or for any other reason for termination are not eligible for the payment of the bonus to the Affiliate. Only one account per individual or company will be eligible for the Bonus.
All commission payments are non-cash and shall be made by wire transfer or via other payment processing system within seven business days for all payment methods with the best-effort guarantee, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the applicable payment processing system or bank. Any fees resulting from the chosen payment method shall be borne by the Affiliate and, if applicable, deducted from the Affiliate account. iMonetizeIt is working on improving its payment system and may also add new payment methods for Affiliates in the future.
3.3.4 To ensure that the total commission is accurately calculated and the payment amount is correct, iMonetizeIt may retain the payment for a reasonable period.
3.3.5 Commissions are based on the funds provided to iMonetizeIt by our clients, consequently, the Affiliate agrees that iMonetizeIt takes responsibility for the payment of commissions only to the extent that such funds from the clients have been received. The Affiliate gives a consent to release iMonetizeIt from any claims regarding commissions if such funds from the clients have not been received.
4. Restrictions on Payment of Compensation
4.1 The Affiliate is not entitled to commission for any sale in violation of the terms of this Agreement.
4.2 The Affiliate is not entitled to commission from iMonetizeIt for any sale which iMonetizeIt determines to be as the result of potential fraudulent, invalid or illegal activity. iMonetizeIt shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potential fraudulent activity. iMonetizeIt has developed its fraud screening process through years of experience and through work with industry leaders in fraud detection and identification thus Affiliates can be confident that the iMonetizeIt system is securely protected against fraudulent activity and sales.
4.3 iMonetizeIt has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if there are an abnormal number of chargebacks or refunds for products and services through the Affiliate’s websites. iMonetizeIt shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or refunds.
4.4 If the Affiliate’s account is removed based on the Affiliate request in accordance with GDPR, iMonetizeIt shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
4.5 iMonetizeIt has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if at any time iMonetizeIt considers that the Affiliate’s account has been compromised, or there is a possibility that this Agreement may have been breached or has been breached. iMonetizeIt has the right at its sole discretion to provide a detailed investigation. The Affiliate also agrees to fully participate and cooperate with any investigation at their own cost, including but not limited to providing all required documents.
5. Term and Termination
5.1 This Agreement is not for any specific term or duration of time. The Affiliate may terminate this Agreement at any time, for any reason. Likewise, this Agreement and/or the Program may be terminated by iMonetizeIt in its sole and absolute discretion, at any time, for any reason.
In the event that iMonetizeIt, including but not limited to: (i) voluntarily or involuntarily becomes the subject of a petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors that is not dismissed or discharged within 60 days after being commenced; (ii) admits in writing its inability to pay its debts generally as they become due (or takes any corporate action tantamount to such admission); (iii) makes an assignment for the benefit of its creditors; or (iv) ceases to do business as a going concern. In such an event, and when possible, iMonetizeIt may provide prior notice of termination.
The Affiliate agrees and acknowledges that iMonetizeIt does not assume any responsibility with respect to, or in connection with the termination of the Program operations and loss of any data as a result.
5.2 The Affiliate may terminate participation in the Program by 48 (forty-eight) hours’ notifying iMonetizeIt via e-mail at of Affiliate’s intent to terminate participation in the Program. Should Affiliate terminate account and the amount owed in the said account is $100 or less the said amount will be forfeited by iMonetizeIt.
5.3 In case this Agreement is terminated, the Affiliate shall be entitled to any unpaid commission or bonuses earned prior to the date and time of termination. The Affiliate shall not be entitled to any unpaid commission or bonuses earned after the date and time of termination as well as to any unpaid commission that is below the minimum payout amount specified in the clause 3.2 of this Agreement.
5.4 If this Agreement is terminated due to the Affiliate’s breach of any portion of this Agreement, including any untrue or inaccurate representation or warranty, iMonetizeIt reserves the right to withhold any amount then due and owing to the Affiliate.
6. Affiliate’s Responsibilities and Duties
6.1 The Affiliate shall only use and promote the approved products and services of iMonetizeIt using iMonetizeIt proprietary marketing systems and Marketing Materials on Affiliate’s websites.
6.2 The Affiliate shall not use or employ any form of mass unsolicited electronic mailings, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, and malware marketing or any other form of “spamming” as a means of promoting Affiliate websites or for the purpose of generating traffic and sales to or for Affiliate websites. The Affiliate further acknowledges and agrees that iMonetizeIt has zero tolerance for spamming. Thus iMonetizeIt reserves the right to immediately and without notice terminate the Affiliate’s participation in the Program if iMonetizeIt, in its sole and absolute discretion, concludes that the Affiliate has been engaged in the use of any of the above referenced forms of “spamming”. Note also that in such a case the Affiliate will also be barred from future participation in the Program and all money otherwise due to the Affiliate will be forfeited.
The Affiliate shall not send traffic via sms or electronic mail promotion, unless has received the express written authorization of iMonetizeIt to use electronic mail or other electronic messages to promote offers. It is the Affiliate’s sole and complete responsibility to make sure that the Affiliate is in compliance with the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable. In the event any third party submits a claim, lawsuit, or other legal action against Imonetizeit or any of its related entities relating to any email, text or communication the Affiliate sent or in any way caused to be sent, then the Affiliate agrees to indemnify, hold harmless, and defend Imonetizeit and any of its related entities against any such claim, lawsuit, or other legal action (including attorney’s fees). Further, no electronic message initiated or sent by the Affiliate or on their behalf may identify iMonetizeIt as a sender or sponsor of such electronic mail or other message.
Any electronic mail marketing which is not previously authorized by iMonetizeIt, including spamming of any sort and violation of any of the applicable rules and regulations will result in an immediate ban from the Program without any payment to the Affiliate. If the Affiliate is found to have violated any provisions of the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable, their account will be immediately terminated, all funds owed to the Affiliate will be forfeited and the Affiliate’s contacts and data may be reported to the relevant authorities.
6.3 Except as expressly authorized by iMonetizeIt in this Agreement, the Affiliate shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by iMonetizeIt pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the world.
6.4 The Affiliate shall NEVER modify files, Marketing Materials or content provided by iMonetizeIt.
6.5 All content displayed on any Affiliate website containing the Marketing Materials must comply with all local laws.
6.6 To promote iMonetizeIt products and services the Affiliate has to use the link received in his account. iMonetizeIt has the right not to pay the Affiliate commission for traffic received via a link, that differs from the links in the Affiliate’s account.
6.7 The Affiliate shall not target any person who is under the legal age, nor target any restricted jurisdictions where the products or services offered and the promotion thereof are illegal.
6.8 The Affiliate shall ensure that all materials posted by Affiliate or otherwise used in connection with the Program: (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age)
Illegal and prohibited content, including, but not limited to:
7. Affiliate Representations and Warranties
The Affiliate hereby represents and warrants each of the following:
7.1 That if the Affiliate is an individual person, he/she is over the age of eighteen (18) years or any legal age in the country of the Affiliate;
7.2 That if the Affiliate is an entity (i.e., corporation, limited liability company, etc.), all individuals employed or associated with the Affiliate in any way are over the age of eighteen (18) years or legal age in the country of the Affiliate;
7.3 That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement;
7.4 That the login data or information of its account will always be kept strictly confidential and it will not be shared publicly or with any other person or party. The Affiliate gives its consent that it takes full responsibility for all the activity conducted through its account. In case of any disclosure, theft or unauthorized use of the Affiliate’s login data the Affiliate is obliged to inform iMonetizeIt immediately.
8.1 The Affiliate agrees not to disclose iMonetizeIt Confidential Information (“Confidential Information”) without iMonetizeIt’s prior written consent. The Affiliate shall not use the Confidential Information (as hereinafter defined) for purposes other than the performance of its obligations under this Agreement. The Affiliate may only disclose the Confidential Information to its employees, consultants, and subcontractors who have a need to know such Confidential Information in order to perform its obligations under this Agreement. The Affiliate shall protect the Confidential Information by using the same degree of care as it uses to protect its own information of a like nature, but no less than a reasonable degree of care.
8.2 “Confidential Information” shall mean all information of iMonetizeIt not generally available to the public which is provided to the Affiliate or which the Affiliate has access to or discovers in the performance of this Agreement, including without limitation all information relating to iMonetizeIt’s Program, services, products, business, and operations (including without limitation business plans, financial records, customers, clients, vendors, affiliates, agents, or employees; the fact that the iMonetizeIt intends to develop or distribute any particular products or services; the compensation paid to the Affiliate; products, costs, sources, strategies, inventions, procedures, forecasts, materials and data, technical advice or knowledge, contractual agreements, pricing, click-through rates or other statistics provided to the Affiliate by the iMonetizeIt, specifications, trade secrets, distribution methods, inventories, marketing plans and strategies, algorithms, designs, studies, charts, plans, tales or compilations of business and industrial information acquired by iMonetizeIt, Program and account interface, drawings, work sheets, programs and systems, know-how or other intellectual property of iMonetizeIt and its related entities that may be at any time furnished, communicated, or delivered by iMonetizeIt the Affiliate, whether in oral, tangible, electronic, or other form or designated in writing or oral by the iMonetizeIt as “confidential” or any designation to the same effect). The Affiliate is prohibited to disclose any other information which if disclosed could harm or reduce a competitive advantage of the iMonetizeIt or place the iMonetizeIt at a competitive disadvantage.
The Confidential Information does not include information that has become publicly known through no breach by the Affiliate, or information that has been (i) independently developed without access to the iMonetizeIt Confidential Information, as evidenced in writing; (ii) rightfully received by the Affiliate from a third party without such third party having possession of such Confidential Information because of its own or other’s breach; or (iii) required to be disclosed by law or by a governmental authority, provided the Affiliate shall get a prior written consent by the iMonetizeIt, unless prohibited by applicable law, if it is required to disclose any of iMonetizeIt’s Confidential Information under operation of law, and such disclosure shall not constitute a breach of this Agreement.
The Affiliate, in addition, acknowledges that the iMonetizeIt may be ordered by law or by a governmental authority to disclose information regarding the services being provided to the Affiliate or to disclose Affiliate’s identity under certain circumstances, especially where the Affiliater’s website(s) contain unauthorized copyrighted materials and/or link(s) to such unauthorized copyrighted materials. The iMonetizeIt will be fully entitled to disclose such information upon receiving a request, which the iMonetizeIt reasonably deems as being competent to issue such a request.
8.3 The Affiliate agrees to indemnify and hold harmless iMonetizeIt against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which iMonetizeIt may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Affiliate or any person for whom the Affiliate is responsible, in law.
9.3 The Affiliate agrees not to provide any Personally Identifiable Information about any user who visits their Websites. The Affiliate shall ensure that personal data of the EU residents will not be transferred to iMonetizeIt unless the Parties conclude the applicable Data Processing Agreement, where Affiliate shall act as a Controller in the meaning of GDPR and provide respective instructions to iMonetizeIt. If applicable please contact iMonetizeIt team for signing the Data Processing Agreement.
The Affiliate agrees and covenants that they shall not at any time make, publish, or communicate to any person or entity or in any public forum, including, without limitation, on any digital or online review sites or forums, any defamatory, discrediting or disparaging remarks, comments or statements concerning iMonetizeIt or its businesses, or any of a iMonetizeIt’s employees or officers, now or in the future. For the purposes of this section, a disparaging or discrediting statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates, but will not include any disclosure required to be made to any governmental or quasi-governmental agency, or any disclosure made in the course of any pending or threatened litigation, mediation or arbitration.
In the event the Affiliate failed to perform Non-Disparagement obligations under this section, the Affiliate shall be liable for all losses of iMonetizeIt. iMonetizeIt has the rignt to terminate this Agreement immediately and withhold payments from the Affiliate’s account.
All individuals, corporations and other organization participants are responsible for the payment of taxes in their own jurisdiction.
12. Rights of iMonetizeIt
12.1 iMonetizeIt reserves the right, in its sole and absolute discretion, to terminate the Program at any time and may do so with or without cause.
12.2 iMonetizeIt shall also have the right, in its sole and absolute discretion, to change or modify this Agreement and the Program Benefits. If at any time iMonetizeIt changes or modifies the Program, the Affiliate shall have the right to withdraw and terminate participation.
13. No Partnership, Joint or Collaborative Venture
13.1 Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture or other business combination or venture of any kind between the Affiliate and iMonetizeIt, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and iMonetizeIt, its subsidiaries, affiliated entities, successors or assigns.
13.2 iMonetizeIt has no control over nor ownership interest in Affiliate or Affiliate Websites except for the Marketing Materials used thereon, and the Affiliate has no financial or other interest in iMonetizeIt, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.
14. No Content Control, Monitoring or Supervision
14.1 iMonetizeIt does not monitor, supervise or review content contained on Affiliate websites except for the use of the Marketing Materials. iMonetizeIt is not responsible for any content appearing or otherwise distributed on, at or in association with Affiliate websites. The Affiliate is solely responsible for the content on Affiliate websites.
14.2 iMonetizeIt has no direct or indirect control over the content of Affiliate websites except as specifically set forth in this Agreement and as it relates to the Marketing Materials.
15. No Warranty or Guarantee
iMonetizeIt makes no guarantee of any kind with respect to the Program or materials provided by, through or in association with the Program, all Marketing Materials are provided to the Affiliate “as is” and use of the Marketing Materials is solely at the Affiliate’s risk. iMonetizeIt disclaims all warranties, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to the Affiliate as part of this Program.
16. No Guarantee of Success or Profitability
iMonetizeIt cannot guarantee the Affiliate any level of success or profitability due to the Affiliate’s participation in the Program. The Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of the Affiliate doing business shall be borne solely by the Affiliate. In case the Affiliate alters or modifies their promotional links in any way iMonetizeIt shall not guarantee that all traffic sent via such links will be tracked properly and in full.
17. Force Majeure
Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, credit card processing failure, network failure, governmental action, or any other cause outside the control of the parties.
18. Limitation of Liability
iMonetizeIt, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns and successors shall not be liable to the Affiliate, or any other person or entity, for any direct or indirect losses, injuries or incidental, consequential or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any use of the iMonetizeIt website, or arising from or in connection with this Agreement or the use of the iMonetizeIt Marketing Materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of iMonetizeIt services, content or Marketing Materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.
The Affiliate shall indemnify and hold iMonetizeIt, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the “Indemnified Parties”) harmless from any breach of this Agreement by the Affiliate, including any use of Marketing Materials other than as expressly authorized in this Agreement. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys’ fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate’s use of the information accessed from iMonetizeIt websites.
20. Transfer or Assignment
20.1 This Agreement shall not, under any circumstances, be transferred or assigned by the Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
20.2 iMonetizeIt may, at any time, in its sole discretion and without prior notice given to the Affiliate, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.
This Agreement is subject to change or modification by iMonetizeIt at any time at its sole discretion, and changes shall become effective by posting at the iMonetizeIt Website with or without notice to you. An Affiliate may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. The most recent version of this Agreement will be posted on Website. It is the Affiliate’s sole responsibility to keep themselves informed of any such changes or amendments and periodically to check the most current version of this Agreement.
22. Notices to iMonetizeIt or Affiliates
Notices from iMonetizeIt Website to Affiliates may be given electronically, including any that we are otherwise required to provide in “writing”. We may send you notices by means of electronic messages to the e-mail address of the Affiliate or to any email address that you provide to us during participation with Program, by general posting on the Website, or by conventional mail. Communications from the Affiliate to iMonetizeIt may be made via e-mail, unless otherwise specified in this Agreement. All notices to iMonetizeIt via e-mail shall be sent to firstname.lastname@example.org. Notices from iMonetizeIt shall be deemed delivered when sent by iMonetizeIt to the Affiliate, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. You agree to receive offers and promotions from us and our partners by e-mails.
If any provision of this Agreement is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, but, to the contrary, this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
24. Entire Agreement, Headings, and Neutral Construction
This Agreement and any changes or modifications thereto by iMonetizeIt and accepted by the Affiliate expresses the entire agreement between the parties regarding the Affiliate’s participation in the Program, and all Marketing Materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. This Agreement shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.
25. Review by Attorney
iMonetizeIt strongly advises that the Affiliate review this Agreement with an attorney before acceptance of its terms so that the Affiliate is fully appraised of all the rights, duties and obligations under this Agreement. The Affiliate acknowledges that nothing herein and no statement by iMonetizeIt or any employee, representative, agent or other person associated with iMonetizeIt has in any way prevented or inhibited the Affiliate from seeking such independent legal advice prior to entering into this Agreement. The Affiliate hereby acknowledges and agrees that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that the Affiliate has been given reasonable opportunity to seek the advice of independent counsel with respect to the Agreement and all transactions associated herewith.
26. Jurisdiction And Venue
This Agreement shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. All disputes arising out of the terms of this Agreement shall be settled by negotiation. If the dispute cannot be resolved through negotiation within 1 (one) calendar month since its arising, parties can refer to the court as described above.
If the settlement of the dispute is being executed by the court, all costs and expenses incurred in connection with the court proceedings, as well as court fees, shall be reimbursed by the party guilty of breach, failure or improper fulfilment of the terms of the Agreement, unless otherwise provided by applicable law.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the LCIA (London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this Agreement. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND IMONETIZEIT ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
YOU HEREBY EXPRESSLY WAIVE ANY RIGHT FOR A TRIAL BY JURY.
27. Acceptance and Execution
By clicking on the “Sign up” button on the Registration Page, and by supplying iMonetizeIt with all the information required to create an account on the Registration Page, the Affiliate accepts all of the terms and conditions set forth herein above and agrees to be bound by said terms and conditions.
In case of any discrepancy within the meanings between English and other translated versions of this Agreement, the English version of this Agreement shall prevail.