AFFILIATE AGREEMENT
TERMS & CONDITIONS You must agree to the terms of our affiliate program before signing up. Please read and indicate your agreement by clicking the link below. This agreement describes the entire terms and conditions for participation in the ProFlightSimulator Affiliate Program. In this agreement, the term “Affiliate” refers to you (the applicant); we or our refers to ProFlightSimulator.com. The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don't have to email you later on to tell you to stop doing something because you didn't realize it wasn't allowed. That wastes our time but it also wastes your time. The ProFlightSimulator Affiliate Program is administered entirely through the third party affiliate management company, Click2Sell (www.Click2Sell.eu). MAIN POINTS:
Terms and Conditions Affiliate agrees to comply with all US Federal CAN-SPAM Acts. ProFlightSimulator has a zero tolerance policy towards spam and any Affiliate associated with spam. If ProFlightSimulator establishes, at ProFlightSimulator's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, ProFlightSimulator may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate. Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. ProFlightSimulator is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link. Affiliate agrees to receive email or other electronic communications from ProFlightSimulator including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that ProFlightSimulator provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. ProFlightSimulator accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate's email address is not blocked or impaired in any way, including by Affiliate ensuring 'white-listing' of Affiliate's email address. Affiliate Link Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. ProFlightSimulator is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link. Guarantees, Liability and Disclaimers
Indemnification Affiliate's use of the ProFlightSimulator website and its content is voluntary. Affiliate shall indemnify ProFlightSimulator and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate's use of the ProFlightSimulator website and content or Affiliate's failure to maintain the confidentiality or security of Affiliates password or access rights. Advertisements: ProFlightSimulator does not necessarily endorse or recommend any of the goods or services advertised on or through the ProFlightSimulator website. ProFlightSimulator does not necessarily endorse or recommend any affiliates using our services. Third party websites: The ProFlightSimulator website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under ProFlightSimulator's control and ProFlightSimulator is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. ProFlightSimulator will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party. Confidentiality: Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement. Entire Agreement: This Agreement is the complete and exclusive agreement between the ProFlightSimulator and Affiliate in relation to the Affiliate Program (but not in relation to the Click2Sell Affiliate Network, for which Affiliate and Click2Sell have obligations to each other independently of ProFlightSimulator) and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter. Other rights reserved: All rights not expressly granted in this Agreement are reserved by ProFlightSimulator.
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