By completing and sending in the attached Affiliate Program application form, you are entering into a legal agreement with Zaxarsearch.com, which contains all of the terms and conditions below and governs your participation in the Zaxarsearch.com Affiliate Program. "Zaxarsearch" refers to and/or means any of the trademarks, service marks, trade names, names, designs, logos, images and/or other proprietary names or marks of e-market Services International Inc.
"Click-through" means when (i) a user of Your Site either clicks on a Link , which leads the user to the Zaxarsearch Site and provided unaltered along with unaltered description and title to the user and (ii) such action updates statistics that can be viewed at http://www.zaxarsearch.com.
"XML Result" means a set of Title, Description, URL and a Bid Price. XML Result will be returned by Zaxarsearch as a result of a valid XML query. XML Result should be shown to a user without any alterations in order of the results or to Title, Description and URL. Bid price may be chosen to be hidden.
"Link" means a URL hyper linked to text, a graphic or another information object on Your Site.
"Your Site" means the website where you will place our codes.
Zaxarsearch.com Affiliate application is at http://zaxarsearch.com/index.php?p=signup. Zaxarsearch may reject your application if it determines (in its sole discretion) that Your Site is unsuitable for the Affiliate Program for any reason. If Zaxarsearch.com rejects your application, you may reapply at any time and Zaxarsearch.com will reconsider the application.
Zaxarsearch will provide to you (i) Promo Code that will enable users of Your Site to click through to the Zaxarsearch Site (iii) by sole discretion of Zaxarsearch.
You will select the Promo Code provided by Zaxarsearch and will place the selected it on Your Site and enable users of Your Site to click on the Links. You may display the Promo Code and/or Links you select on as many pages of Your Site as you wish.
Zaxarsearch will pay you a percentage (that will be defined on signup and possibly adjusted at a later time) of the amount collected by Zaxarsearch in connection with each click to a paid Zaxarsearch listing from a Zaxarsearch Affiliate search result or Zaxarsearch Affiliate search box. At any time and with reasonable prior notice, Zaxarsearch may, from time to time, modify the commission rate to be paid to you. You acknowledge and agree that Zaxarsearch will pay a commission only on valid Click-thrus that meet the definition above of a "Click-through", and not on any fraudulent Click-thrus or any Click-thrus from improper use of the Promo Code. Zaxarsearch shall have the right, in its sole discretion, to determine whether Click-thrus are fraudulent or derived from improper use of the Promo Code. Zaxarsearch shall not be required to make any payments to you in connection with this Agreement other than the commissions on Click-thrus, if earned.
After the signup every affiliate has to go through an approval process where his/her quality of traffic will be determined and appropriate advertisers will be seleted. Click fraud traffic, malware, spam and other illegal sources of traffic will lead to immediate account termination.
Billing Period: (i) 1st of the month till the 15th of the month and (ii) 16th of the month till the last day of the month.
Payout Fees: Wire transfer OUR commission fee $30.00 USD.
Zaxarsearch has 2 Billing Periods each month and Zaxarsearch will pay you your Payout in US Dollar Funds within 1 business day after the end of the Billing Period minus commissions as long as you have earned 100 dollars up to date, or otherwise any amount earned will be carried forward.
The term of this Agreement (the "Term") will begin on the date Zaxarsearch accepts your completed Affiliate Program application and will continue in full force and effect until terminated pursuant to this paragraph. Either party shall have the right, in its sole discretion for any reason whatsoever, to terminate this Agreement at any time by giving the other party 5 days written notice; provided, however, that Zaxarsearch can terminate this Agent immediately in the event it deems the content on Your Site objectionable or if Zaxarsearch becomes aware or suspects in any way that you are or you have used any automated means to generate additional Click-thrus, including, but not limited to a script, macro, or any programmed robot or agent. In that case no funds will be paid and the Affiliate agrees not to take any legal action against Zaxarsearch.
You will defend and indemnify Zaxarsearch from and against any and all third party claims, damages, liabilities, costs and expenses (including attorneys' fees and expenses) arising out of the operation of Your Site.
Zaxarsearch may modify any of the terms and conditions contained in this Agreement. Zaxarsearch will attempt to notify you via e-mail of any such modification and will post a change notice on the Zaxarsearch Site and on the site from which you retrieve the information regarding Click-thrus. If a modification is unacceptable, you may terminate this Agreement by giving notice as described.
The parties are independent contractors, and this Agreement will not be construed to create a partnership, joint venture or employment relationship between them. Neither party will represent itself to be an employee, agent or representative of the other, and neither party will have the right or authority to create any obligation or responsibility on the other's behalf.
You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Zaxarsearch.
Any notice to be given under this Agreement shall be in writing and shall be deemed delivered if delivered by e-mail: if to you, to you at the e-mail address provided in your Affiliate Program application form; and if to Zaxarsearch, to firstname.lastname@example.org.