Adfusion - Partner Registration

Free Article Partner Registration.

Thank you for choosing the Adfusion® Publisher Program. Adfusion® is the first to deliver interest-driven feature articles to Web sites and share revenues with its approved Publishers. Please fill out our free short application below or call us at (888) 204-9722 to get started today.

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User Agreement	Updated: 05/01/2007 ADFUSION� PUBLISHER PROGRAM Thank you for choosing the Adfusion� Publisher Program. Adfusion� is the first to deliver consumer-focused feature articles to Web sites and share revenues with its approved Publishers. Your Web site will receive quality, feature article content for the interest-driven consumer. Adfusion� will start delivering consumer-focused articles to your Web site as soon as you execute this Agreement and after ARA has approved your participation in the Publisher Program. Please read very carefully the Terms and Conditions and the Program Policies before execution of this Publisher Program. Participation in the Adfusion� Publisher Program indicates that you accept this Agreement and All Its Terms and Conditions. This agreement ("Agreement") between You ("You" �Your� or "Publisher") and ARAnet Inc. (�Adfusion�, "ARA Content", �ARA�, �We�, �Our�) consists of the Adfusion� Publisher Program (the "Adfusion��, �Adfusion� Publisher Program" or �Publisher Program�) Standard Terms and Conditions ("Terms and Conditions"). A description of the Adfusion� Publisher Program is located in the Terms and Conditions of this Agreement. �You� means any entity identified in this Agreement submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement. Publisher and ARA agree to the following and ARA agrees to pay Publisher in accordance with the Terms and Conditions of this Agreement. Adfusion� Publisher Program Terms and Conditions Payment. You shall receive a payment per Valid Click Thru based on the monthly total number of Valid Click Thru�s that are reported as originating from Your Web site(s). The total number of Valid Click Thru�s will be determined by Adfusion. The Commission Per Click to be paid the publisher will be Twenty Percent (20%) of the Click Thru Revenues actually received by Adfusion. Payments shall be sent to You from Adfusion within thirty (30) days after the end of each calendar month that Adfusion is running on Your Site(s), if Your earned balance is fifty ($50) US dollars or more. You will have accesses to detailed reporting of revenue earned, the volume of traffic that you have generated, and the eCPM that You have earned. Your password-protected access to Adfusion�s reporting tools enable You to review information regarding Valid Click Thru�s and earnings. Adfusion�s internally audited click reports will be the final authority in determining publisher commissions under this agreement. Payments shall only be made for Valid Click Thru�s. 1. Term: The term of this agreement shall commence on the date this agreement has been executed by both parties. The initial term shall be for six months from the agreement signature date unless terminated earlier as provided in item 6. After six months, the term shall be one month and shall automatically renew each month unless terminated in writing by either party. 2. Program Participation. Participation in the Program is subject to ARA approval and Your continued compliance with the Program Policies. ARA reserves the right to refuse participation in the Publisher Program to any participant or applicant at any time in ARA�s sole discretion. By enrolling in the Program, completing the attached United States Internal Revenue Service required forms and returning them via email to Adfusion, You represent that You have a Federal Tax ID and are at least 18 years of age or that you are exempt from United States taxation or consent to withholding for United States taxes. You agree that You will install the Access Code and Tracking Codes that will enable feature articles containing Links to be displayed on you Web site. 3. Implementation and Operation: You will receive interest-specific content and You agree to comply with the specifications provided by Adfusion to enable proper delivery, display, tracking, and reporting of the activity from the Publisher Program on Your Site(s), including, without limitation, no modification of the JavaScript or other programming provided to You by Adfusion in any way, unless expressly authorized in writing by email. You may select a format, style and content categories using Adfusion�s setup code and customization tools for the display of Adfusion�s feature articles on Your Web site(s), but You acknowledge and agree that Adfusion: (a) shall only be displayed in connection with Your Web site(s), each site is subject to review and approval by Adfusion who may in its discretion at any time discontinue service. You may display advertising adjacent to the Adfusion Article(s); however you may not place or embody non-Adfusion advertisements, rollovers or links within the Article(s). 4. Communications: If You need to communicate with us and you prefer to not use email, You are welcome to call us toll free (866)858-2396. If You are already a Participant in the Publisher Program and you leave us a voice mail message please indicate please indicate that you are already a Participant. 5. Cancellation: You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Program to cancel@adfusion.com. In the event the Agreement is terminated, Adfusion shall pay Your earned balance to You within approximately sixty (60) days after the end of the calendar month in which the Agreement is terminated by You, following the receipt of Your written request. In no event, however, shall Adfusion make payments for any earned balance less than $10. 6. Termination: You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of ARA services, copy any security process, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Publisher Program or proprietary information related thereto. You will not incorporate any other links, pop-ups, rollovers into the ARA articles. You will not remove, obscure, or alter ARA�s copyright notice, or attributions such as �(ARA)�, or other proprietary rights notices contained in any services, software, or documentation provide by this Agreement. Any Publisher that removes or tampers with the tracking code, JavaScript or similar code of the Client or Publisher Programs may be immediately cancelled by ARA. ARA may investigate any activity that may violate this Agreement. ARA may at any time, in its sole discretion, terminate all or part of the Publisher�s Program, terminate this Agreement, or suspend or terminate the participation of any Publisher in all or part if ARA in its sole judgment determines that the Publisher is violating this Agreement or is not generating a sufficient number of valid Click Thru�s. Upon Termination of participation in the Program or termination of this Agreement for any reason, Sections 1, 6 through 9, 12 and 13 shall survive termination. 7. Confidentiality: You agree not to disclose Adfusion� Confidential Information without ARA�s prior written consent. �Confidential Information" includes without limitation: (a) all software, technology, Client Programming, specifications, materials, guidelines, and documentation relating to the Publisher Program; (b) click-thru rates or other statistics relating to Site performance in the Publisher Program provided to You by ARA; (c) security processes and practices and; (d) any other information designated in writing by ARA as "Confidential" or an equivalent designation. However, you may accurately disclose the amount of the gross payments of Your earnings. Confidential Information does not include information that has become publicly known through no breach by You or ARA, or information that has been independently developed as evidenced in writing; rightfully received by You from a third party in due course; or required to be disclosed by law. 8. No Guarantee: Adfusion makes no guarantee as to the level of quantities of feature articles or Click Thru�s, or the amount of any payment to be made to You under this Agreement 9. Publicity: You agree that ARA may use Your name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. 10. Releases and Force Majeure: Any disputes between the parties shall be exclusively venued in and subject to the laws and courts of the State of Minnesota, with attorney�s fees and costs going to the prevailing party. Aggregate liability to the Publisher under this Agreement for any claim is limited to the net amount paid to the Publisher during the four month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures. 11. Representations and Warranties: You represent and warrant that all of the information provided by You is correct and current; and that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; and You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder. You further represent and warrant that each Site and any material displayed therein: complies with all applicable laws, statutes, and regulations; and do not breach or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights under consumer protection, product liability, tort, or contracts and Your Web sites are not pornographic or hate-related in content. 12. Mutual Indemnify: Adfusion agrees to indemnify, defend and hold Publisher, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties ("Indemnified Parties") harmless from any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Parties, arising out of, related to or which may arise from Adfusion�s breach of any of our representations, warranties or obligations under this Agreement. Publisher agrees to indemnify, defend and hold Adfusion, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties ("Indemnified Parties") harmless from any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Parties, arising out of, related to or which may arise from Your use or improper use of the Program, the Web site(s), and/or Your breach of any term of this Agreement 13. Intellectual Rights, Copyrights and Brand: You acknowledge that ARA owns all rights, title and interest, including without limitation all Intellectual Property Rights in and to the Program and its technology, and that You will not acquire any right, title, or interest in or to the Program or its Brand (Adfusion�, Adfusion�) except as expressly set forth in this Agreement. ARA retains all Copyrights on all Articles and grants a limited license to the Publisher to use the Articles only in conjunction with the terms of this Agreement. DEFINITONS Article(s): means articles. These Articles supplied by Adfusion contain informative and educational information. Article Read(s): means the event that occurs when a Consumer clicks on the title and/or summary of an article on ARA Content�s network of Publishers. The result of this action will be the delivery of the article to Consumer�s computer screen. The article will contain a link that will enable the Consumer to Click Thru to the Client�s designated URL. Categories: ARA has created thirteen categories of consumer-interest content. The subject matter will help determine the category in which the Client�s article appears. Commitment: means the dollar amount that Adfusion�s Client has committed to spend. Click Thru: means the event which occurs when a Consumer clicks on an embedded link within an ARA article (Article Read) and is redirected to the designated Client�s Web site (URL). Consumers: Interest specific consumers are driven by a desire to more know more about a subject, product or service. Many of these interest specific consumers desire to possess a certain product or use a service. Distribution Suspended Commitment Required: means if the Client�s Commitment drops below $5 the delivery of the article to Web sites will be stopped, links will be inoperative until an additional Commitment is confirmed by Client. Dollars ($): mean United States dollars. Expiration Date Of Contract: The date on which the contract is complete. Fraudulent Clicks: means artificial or dishonest clicks to simulate Article Reads or Click Thru�s to Client designated URLs. Some example of fraudulent click include but are not limited to: repeated manual clicks, and clicks produced by robots and/or hit-bots and/or other automated click utilities with the intent of circumventing the purpose and intent of the Adfusion� Client Program. Intellectual Property: Shall include all security process, source code, paper or electronic documentation, methods of display, methods of operation, trademarks, service marks, and trade names. Intellectual Property Rights: means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, now or hereafter in force and effect worldwide. Keyword or Keyword Phrase: means a word or string of words entered by a Consumer in order to initiate a Query. Keyword Hypertext Link: A Keyword or Keyword Phrase contained in an ARA article on the Publisher Web site(s) that upon a Consumer Click Thru would redirect Consumer to designated Client Web site (URL). Network: is any group of computers connected to the Internet, which may include master Web networks and dynamic fed Web site. Publisher Web site(s): Any Internet property owned or operated by publisher or an affiliate of publisher, used in connection with distributing feature articles in accordance with the terms and conditions of this agreement. SPAM: Unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups; junk e-mail. Tracking Code: The code which enables ARA to measure the number of Article Reads and Click Thru�s for each publisher�s Web site and enables ARA to accurately report data to its Clients. User: a user of the Publishers Web site(s). Valid Click or Valid Click Thru(s): A click that conforms to the terms, conditions, and restrictions set forth in this agreement. See (Keyword Hypertext Link) PROGRAM POLICIES A: Code Restrictions: 1. Publisher(s) can not alter or modify Click Thru content feeds outside of design changes in the Category Customization tool. 2. Publisher(s) Web site(s) must be approved prior to using any Adfusion scripting. 3. Publisher(s) can not alter, edit or manipulate Adfusion content feeds. Examples of restricted uses include: inserting active hyperlinks and defaming photos. Photo cannot be displayed unless the photo(s) accompany the specific article with which they are distributed. B: Usage Restrictions: 1. Publisher(s) cannot edit or alter Adfusion articles in any way. 2. Publisher(s) cannot display Adfusion content feeds on non-content pages, including Registration pages, Error pages or Thank You pages. 3. Publisher(s) cannot use Adfusion content feeds on sites featuring pornography or other adult-themed content; racist or hate-related material; or a site ARA finds objectionable. 4. Publisher(s) cannot send users to pages other than advertisers via redirect or other means. Users must immediately connect with advertiser�s site when they click on an embedded link. 5. Pages where Adfusion content feeds are displayed may not contain harmful programming, including but not limited to: viruses, worms, time bombs and cancelbots. 6. Publisher(s) cannot provide their Users with incentives and/or manipulate Users to read article(s) or to click on an advertiser�s links within articles from Adfusion content feeds. 7. Publisher(s) will not utilize Publisher�s relationship with Adfusion to solicit any advertiser featured within an Adfusion content feed. 8. All pages on Publisher(s) Web site(s) featuring Adfusion content feeds must be in English. 9. Publisher(s) cannot engage in any action or practice that reflects poorly on ARA or otherwise disparages or devalues ARA�s reputation or goodwill. 10. Publisher warrants and agrees that all emails in which the Publisher embeds Adfusion articles are fully-compliant with the Federal Can-Spam Act Public Law 108-187 (the �Can-Spam Act�) and that they do not engage in any Spamming activities as defined by the Can-Spam Act. Publisher further agrees to indemnify and defend Adfusion and its Advertisers from any claims that result the Publisher�s violation of the Can-Spam Act, and to supply opt-in information, including opt-in source, date, IP address, on any email address that issues a Spam complaint. C: Reporting/Accounting Restrictions: 1. If publisher is using Adfusion�s article dashboard to select articles individually, as opposed to using our JavaScript feed, it is the publisher�s responsibility to ensure that the article has remaining budget. Publishers will not be paid commissions on clicks within any articles that have zero click budget remaining. 2. If publisher is using Adfusion�s XML article feeds it is the Publisher�s responsibility to refresh the feed at a minimum interval of once per 24-hour period. Publishers will not be paid commissions on clicks within any articles that have zero click budget remaining. 3. Valid clicks may not include: hitbots, robots, spiders, scripts, hidden links, or other artificial means. 4. No clicks derived from SPAM e-mail. 5. Publisher(s) can not link a URL featuring Adfusion to a link exchange program for the purpose of boosting Click Thru. 6. Any click generated by an Internet user outside of the United States or Canada will not be permitted nor will fee be paid D: Conduct Restrictions: 1. Publisher(s) can communicate only with ARA � not through Adfusion advertisers. 2. ARAnet, Inc. owns all trademarks and patents related to Adfusion. ARA reserves the right to change in whole or in part the terms and conditions of this Agreement by giving notice to the Publisher.
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