This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by and you (hereinafter referred to as the "Affiliate" and/or "Webmaster") and AVS Group LTD., doing business as "TubeCorporate" (hereinafter referred to as "TubeCorporate.com").
By clicking on 'I accept' and 'create account', the affiliate is entering into this legal Agreement with TubeCorporate.com and affirmatively stating that same has read, understands and accepts the Agreement and as such agrees to be bound by the terms and conditions set forth herein. Affiliate cannot become a member of the TubeCorporate.com Affiliate Program unless accepting each and every term and condition herein.
1) In order to enroll and participate as a webmaster in the TubeCorporate.com Affiliate Program, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. The affiliate may not participate in the TubeCorporate.com affiliate program in any manner if not of the age of majority in the state, province or country where residing and/or conducting business. If affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If at any time, TubeCorporate.com discovers that an affiliate is under 18 years of age and/or under the age of majority, the affiliate's account shall be cancelled and all money due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
2) The affiliate must be the owner of the website or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to the affiliate website.
3) All payments are made in U.S. dollars ("USD").
4) We reserve the right to deny service to any individual or URL at our discretion.
5) We reserve the right to obtain, verify and record information that identifies each Account Holder. This means that we may request additional documentation to confirm Account Holder details, including Account Holder name, address, date of birth and other information that will allow us to confirm Account Holder identity.
6) TubeCorporate.com does not limit or restrict your participation in other affiliate programs.
7) Any kind of spam and unsolicited advertising is strictly forbidden, spamming TubeCorporate.com URLs, email/ICQ/social site spam etc.
8) Violating any of the rules and terms listed above may and will result in your account being blocked. When such a situation occurs, TubeCorporate.com reserves the right to forfeit all the funds in your account and cancel all pending payouts.
9) The present Agreement shall come into force as soon as TubeCorporate.com approves the Affiliate application to join the program. The Agreement can be terminated by either party at any time, with or without cause, by giving the other party a notice of termination. Immediately after receiving such notice from TubeCorporate.com, the Affiliate shall remove and destroy any and all materials used in connection with his/her cooperation with TubeCorporate.com. The Affiliate is also required tol immediately remove any and all First TubeCorporate.com marks, links and references from any and all sites under his/her control.
10) Liability/Force Majeure, TubeCorporate.com shall not be held liable for any circumstances arising out of force majeure situations, acts of God, network disruptions, or other circumstances of uncontrollable nature.
11) TubeCorporate.com shall not be held liable to the Affiliate for inaccessibility to any of its services or possible downtime due to, but not limited to:
1) server failures;
2) ISP/network failures;
3) hardware downtime;
4) network maintenance, including routine and emergency;
5) any other technical difficulties which may occur in the present technological situation and may result in loss or incorrect processing of sales and traffic activity.
12) TubeCorporate.com may, though not on an obligatory basis, provide the Affiliate with assistance regarding such circumstances.
13) Disclaimer of Warranties and Limitation of Liability
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Affiliate Program is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment. We disclaim any warranties for viruses or other harmful components in connection with the Affiliate Program. Some jurisdictions do not allow the disclaimer of implied warranties; in such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM, INCLUDING WHETHER SUCH DAMAGES ARISE FROM YOUR PARTICIPATION IN, MISUSE OF OR INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, FROM YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE OR CONNECTED WITH THE AFFILIATE PROGRAM, FROM THE INTERRUPTION SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE AFFILIATE PROGRAM, OR THE TERMINATION OF THE AFFILIATE PROGRAM. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE AFFILIATE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS; IN SUCH JURISDICTIONS SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE AFFILIATE PROGRAM OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE AFFILIATE PROGRAM EXCEED ANY AMOUNT ACCRUED TO YOUR ACCOUNT.
All of the above disclaimers of warranties and limitations of liabilities shall be deemed to apply to our parent companies, subsidiaries, directors, officers, employees, agents, designees, contractors, affiliates, subsidiaries, successors and assigns as well.