The following are terms and conditions for participating in
the FormsGateway Affiliate Program. "Affiliate" refers to
you, and "FormsGateway" refers to FormsGateway and its
FormsGateway reserves the right to
amend this agreement as needed from time to time, and
Affiliate agrees that any such amendment will apply to
Affiliate. The continuation of Affiliate status or
Affiliate's acceptance of income or bonuses shall constitute
Affiliate's acceptance of any and all amendments.
1. Affiliate represents and warrants
that he or she is of the legal age of consent in all
applicable jurisdictions or countries and, in any event, is
at least 18 years of age.
2. Affiliate will not engage in any
SPAM of any kind, nor will Affiliate engage in any
unauthorized message board, messenger service or other
online posting. FormsGateway also considers ANY type of
advertisement about FormsGateway posted to a newsgroup or
chat room to be SPAM. For the purpose of this agreement ,
SPAM is defined as e-mailing ANYONE, in bulk or by single
mailing, about FormsGateway, who has not specifically
requested the information directly from Affiliate.
"Unsolicited" and "Unauthorized" are defined as any
solicitation not expressly requested or warranted by any
organization or site mentioned above. Use of SPAM may result
in the immediate suspension or termination of Affiliate
account. Affiliate will also be in violation of the
FormsGateway Affiliate Agreement and subject to legal action
and be held liable for any financial loss incurred by
3. Affiliate will not engage in any
advertising utilizing spyware or adware of any kind. This
includes "permission" based adware software, used
exclusively for the delivery of popup or related ads. In the
event that you have an application that delivers
advertisements, express permission must be granted in
writing from FormsGateway to allow any promotion. Affiliate
will also not attempt to "bundle" FormsGateway from
FormsGateway with any other software, regardless of user
permission or otherwise, unless expressly permitted to do so
in writing by FormsGateway. FormsGateway has no past or
existing "bundling" arrangement of any kind, so Affiliate
shall not bundle FormsGateway software with any other unless
expressly permitted in writing to do so by FormsGateway.
4. Affiliate will not engage in any
browser hijacking of any kind, or any other interference
with the normal functioning of a potential website visitor's
computer. This could include starting any process(es) not
expressly started by potential website visitor, including
opening of a CD rom, or any other program or application. In
keeping with this, Affiliate is directly responsible to be
in full compliance with all pertinent law and the following
two laws specifically: HR2929, the Securely Protect Yourself
Against Cyber Trespass Act, and HR4661, the Internet Spyware
Prevention Act of 2004.
5. Affiliate will not intentionally
mislead any potential website visitor to believe that a
FormsGateway product is any other product. This could
include website content, or ads run on any search engine.
Affiliate will not use any product name in context of
advertising which could be misunderstood to be a
FormsGateway product, and therefore be misleading to the
potential website visitor.
6. Affiliate will not use
advertising which is directly false or misleading. This
could include claims that "Porn" has been found on a user's
machine when no actual scan for such items has been done, or
directly using a customer's system information to falsely
induce a click or purchase. This could include showing
contents of particular sections of the potential website
visitor's hard drive, cookie folder, or system settings, as
well as specific information, such as IP address, operating
system, or any other "non critical" system information. "Non
Critical" is defined for purposes of this document as any
specific system information that has no direct connection
with any spyware/adware or any specific system problem
FormsGateway will assist in repairing.
7. Affiliate agrees to assume sole
responsibility for compliance with all applicable
intellectual property laws and all other federal, state and
international laws. In the event that FormsGateway should
receive any notification of claimed infringement by
Affiliate, Affiliate agrees to cooperate with FormsGateway
in expeditiously responding to such notification and
resolving any claim of infringement. In the event that an
affiliate is unresponsive or unwilling to assist,
FormsGateway will take any and all measures to prevent
Affiliate from further involvement in our program, and will
further cooperate in any law enforcement action as a result
of said Affiliate's actions.
8. Affiliate will be directly
responsible for all tax liabilities, including without
limitation, liabilities to any agency with respect to any
earnings or payments made as a result of affiliate's
promotion of FormsGateway. Affiliate further agrees to
indemnify and reimburse FormsGateway in the event of any
claim for assessment by any foreign, United States federal,
state, and/or local taxing authority.
9. Affiliate agrees that a
FormsGateway Affiliate is an independent contractor and not
an employee, agent, partner, legal representative, or
franchisee of FormsGateway. Affiliate further agrees not to
incur any debt, expense, obligation on behalf of, for, or in
the name of FormsGateway.
10. All Affiliate applications are
subject to approval by FormsGateway
11. Affiliate agrees to receive
FormsGateway e-mail, including but not restricted to sales
reports, training, plus messages from Affiliate's Team
Leader and/or Group Leader.
12. Affiliate agrees to present
FormsGateway products and services as set forth at the
official FormsGateway Website. Affiliate will make no claims
regarding products or services beyond what is stated at the
official FormsGateway Website.
13. FormsGateway is not responsible
for technical problems, acts by third parties, or other
events outside our reasonable control which may temporarily
disrupt or diminish service.
14. FormsGateway reserves all rights
in or to its trademarks and servicemarks but may be used by
Affiliate in accordance with this agreement. Affiliate may
in no way display a FormsGateway logo, image, or trademark
which may be distasteful, defame, or misrepresent
15. Affiliate may not assign rights
or delegate duties under this Agreement without the prior
written consent of FormsGateway. Upon request, FormsGateway
will provide Affiliate with guidelines for the sale,
transfer, or assignment of Affiliate's FormsGateway
16. Affiliate agrees not to present
others' creative works-in full or in part-as his or her own
nor engage in violation of copyright agreements for any
reason. Such violations could result in suspension or
termination of membership.
17. FormsGateway makes no warranties
expressed or implied with regard to Affiliate Program except
as outlined in this Agreement.
18. In the event that a provision of
this Agreement is held to be invalid or unenforceable, such
provision shall be reformed only to the extent necessary to
make it enforceable, and the balance of the Agreement will
remain in full force and effect.
shall not be held liable for any indirect, incidental,
special, or consequential damages or any loss of revenue or
profits arising under or with respect to this Agreement or
program, even if FormsGateway has been advised of the
possibility of such damages. FormsGateway aggregate
liability arising under or with respect to this agreement or
the program shall in no event exceed the amounts paid or
payable by FormsGateway under this agreement.
20. Both FormsGateway and the
Affiliate reserve the right to terminate this agreement at
any time. The term of this Agreement shall be for a period
of one year from the date hereof and shall automatically
renew upon each anniversary without further act of the
parties unless either party has terminated this Agreement by
written notice to the other.