Revenue Affiliate Program

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AFFILIATE PROGRAM OPERATING AGREEMENT

(Revised 03/01/04)

This Agreement, made and entered by and between Montgomery Research, Inc., parent company of Revenue Magazine ("Revenue" or "we"), a San Francisco Corporation, with its principal place of business at 300 Montgomery Street, Suite 1135, San Francisco, CA 94104, and you, the affiliate ("you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the RevenueToday.com Affiliate Program (the "Affiliate Program" or "Program").

1. Enrollment in the Program

You will submit a complete Affiliate Program application from our site and after full and considered review of your application; we will notify you of your acceptance or rejection to the Program. We reserve the right to reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of Revenue or for any other reason that we deem relevant. If your site is accepted, Revenue may still terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program. Only sites in English, and based in the United States, United Kingdom, Canada, or Australia are eligible to participate in the Revenue Affiliate Program.

2. Promotion of Our Affiliate Program

Upon your acceptance as an Affiliate Site, we will make available to you via Revenue's site a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

Revenue Agrees To:
  • Pay Affiliate $5.00 for each new member that subscribes to Revenue at our advertised rate from your site. No fees shall be payable if a visitor leaves the Revenue site without completing the application form fully (including the following fields: e-mail address, member name, password, first name, last name, street address, city, state, and zip code).
  • Pay Affiliate on a monthly basis for account balances of $10.00 or more. Accounts with a balance of less than $10.00 will roll over to the next month.
Affiliate Agrees To:
  • Sign Revenue's Affiliate Program agreement, and the attached email compliance agreement.
  • Remove all links regarding sweepstakes and other promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
  • Place Revenue Links on your site.
  • Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
  • Ensure that all materials posted on your site comply with relevant legal requirements and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
  • Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
  • Make sure that your site does not copy or resemble the look and feel of Revenue or create the impression that your site is our site or a part of our site.
  • Submit the URLs for all sites you plan to use to promote Revenue via e-mail to affiliates@Revenue.com.
Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our consent.
Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement; for the sole purpose of linking your site to our site; solely for the purpose of identifying your site as a participant in the Program and for the purpose of assisting in increasing membership in Revenue. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Revenue Affiliate Program. We may revoke your license anytime by giving you written notice.
Disclaimers
We make no express or implied warranties or representations with respect to the Revenue Web site or the Revenue Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Termination
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all Revenue.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
Modifications
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
Independent Contractors
You and Revenue are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Representations and Warranties
You hereby represent and warrant to us as follows:
  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.
Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the Revenue Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Fraud
If you commit fraud or falsify information in connection with the registration of members in Revenue through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Revenue for any and all damages that Revenue suffers as a result of such actions. You will also be responsible for returning to Revenue all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
Anti-Predatory Advertising Policy
Affiliates will be removed from the Revenue Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.
Assignment
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of Revenue.
Reservation of Rights
Revenue may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Revenue also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
Governing Law
This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.


REVENUE'S EMAIL COMPLIANCE AGREEMENT
Revenue's Email Compliance Agreement ("Email Agreement") is made and entered by and between Montgomery Research, Inc., d/b/a Revenue ("Revenue" or "we"), a San Francisco Corporation, with its principal place of business at 300 Montgomery Street, Suite 1135, San Francisco, CA 94104, and you, the affiliate ("you" or "Affiliate"), and contains an addendum to the Revenue Affiliate Operating Agreement, consisting of the terms and conditions that apply to your participation in the Revenue Affiliate Program.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of email that contains messaging regarding Revenue. More specifically, email that meets this criteria:
  • May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
  • Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;
  • Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate;
  • Must provide a valid physical postal address of Affiliate;
  • Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
  • May not contain materially false or materially misleading header information, or deceptive subject heading.
  • May not contain sexually oriented material.
In addition, before distribution of email that contains messaging regarding Revenue, Affiliate agrees (1) to send the email addresses of all intended recipients of such email to Revenue, or a third-party designated by Revenue, so that Revenue may identify those individuals who have notified Revenue that they do not want to receive emails from or about Revenue, and (2) to suppress the email addresses of those individuals, as identified by Revenue.

Affiliate may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means, from a third party web site in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.

Upon Revenue's request, Affiliate shall provide Revenue with documentation demonstrating that the recipients consented to receive the email at issue. In the event of a breach of this Email Agreement by Affiliate and/or a third party or licensee and, in addition to all other remedies available to it, Revenue shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting Revenue, where those cannot be verified by Affiliate as having complied with the terms and conditions of this Email Agreement.

Affiliate agrees to indemnify, defend and hold Revenue harmless from any cost, expense or liability arising out of any breach or alleged breach of the obligations contained in this Email Agreement. All terms and conditions of the Revenue Affiliate Operating Agreement remain in full force and effect. The undersigned warrants and represents that he/she has authority to enter into this agreement on behalf of Affiliate.

Please sign below to indicate your agreement to the foregoing and return the executed copy of this Email Agreement to Julienne Riveong at the following address and fax number: 300 Montgomery Street, Suite 1135, San Francisco, CA 94104, Fax: (415) 732-1202.

Accepted and Agreed:

Name of Affiliate:________________________________

Signature:______________________________________

Name:_________________________________________

Title:__________________________________________

Date:__________________________________________