Forums: Participate & Learn

Forums are excellent places to learn about affiliate and Internet marketing from others and to share your own knowledge. So, get in there, ask questions and speak up! Forums are an area of the Internet where particular topics are discussed. I’ve listed those forums , that I find most useful. Don’t restrict yourself to just the forums listed below:

Affiliate Talk Forum
Ablake
Associate Programs
Geek Village
Search Engine Forums

About Yuwie.com

Yuwie.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Yuwie.com ("Yuwie.com" or "we") include the Yuwie.com website (the "Yuwie Website"), the Yuwie.com Internet messaging service, and any other features, content, or applications offered from time to time by Yuwie.com in connection with the Yuwie Website (collectively, the "Yuwie Services"). The Yuwie Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Yuwie Services. By using the Yuwie Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Yuwie Website) or you are a "Member" (which means that you have registered with Yuwie.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Yuwie Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Yuwie Website and discontinue use of the Yuwie Services immediately. If you wish to become a Member, communicate with other Members and make use of the Yuwie Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Yuwie.com's policy for acceptable use of the Yuwie Services and Content posted on the Yuwie Website, your rights, obligations and restrictions regarding your use of the Yuwie Services and Yuwie.com's Privacy Policy. In order to participate in certain Yuwie Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Yuwie Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@Yuwie.com, Subject: Terms of Use Agreement.

Yuwie.com may modify this Agreement from time to time and such modification shall be effective upon posting by Yuwie.com on the Yuwie Website. You agree to be bound to any changes to this Agreement when you use the Yuwie Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Yuwie.com and that you provide to other Users. Your Yuwie.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Yuwie.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Yuwie.com assumes no responsibility or liability for this material. If you become aware of misuse of the Yuwie Services by any person, please contact Yuwie or click on the "Report Content" link at the bottom of any Yuwie.com page.

Yuwie.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Yuwie Services at any time, for any or no reason, with or without prior notice, and without liability. If your account is terminated, you acknowledge that all referrals will be lost, and all past, future, and current earnings will be forfeited. Yuwie expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Yuwie Services if Yuwie determines, in its sole discretion, that you pose a threat to Yuwie and/or its Users.

1. Site Usage Eligibility. Use of and Membership in the Yuwie Services is void where prohibited. By using the Yuwie Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Yuwie Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. Each member is only allowed one account. If we believe that you have created multiple accounts, your membership may be terminated.
2. Payment Eligibility. In order to receive any payment from the Yuwie.com System, the member must meet the following requirements:
   1. Have a valid social security number (SSN), taxpayer identification number (TIN), or individual taxpayer identification number (ITIN)
   2. be at least 14 years old, and
   3. fill out an IRS form W9
      OR
   4. fill out a non-US activities declaration form
3. Referrals. Yuwie.com will, in good faith, assign new members into the referral tree of the member that invited them. Note that cookies are used to track referrals, and some members are invited by multiple users. In this case, Yuwie.com will try to assign the new member to the first member that invited he/she. Yuwie.com will at no time reassign, or "move" a member to another member's referral tree, regardless of the reason. It is each member's sole responsibility to make sure they are signing up under the correct referrer during the signup process.
4. Page Views. You acknowledge that all page view stats listed on the site are for informational purposes only, and are not guaranteed accurate. Yuwie.com reserves the right to audit, and make changes to these numbers as necessary. No page view stats or earnings are permanent until payment is made. You also acknowledge that not all page views count. Yuwie takes every action possible to prevent cheating, and erroneous elevation of page views. The following types of views are not counted towards paid page views:
   1. Refreshing, or reloading a page will not count as a page view.
   2. Viewing a page within 3 seconds of the previous page
5. Earnings. You acknowledge that results listed in Yuwie.com's example charts, and videos are not typical, and are in no way guaranteed.
6. Revenue Sharing Rate. The revenue sharing rate is determined each month by the amount of revenue Yuwie.com generated from advertisements. Advertising rates are determined by several factors including but not limited to, the current economy, time of year, and internet traffic. Yuwie.com will always try to get the best possible advertising rates and RSR for its users, but cannot guarantee any minimum rate.
7. Term. This Agreement shall remain in full force and effect while you use the Yuwie Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Yuwie.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
8. Fees. Yuwie.com is currently free of charge, but you acknowledge that Yuwie.com reserves the right to charge for the Yuwie Services and to change its fees from time to time in its discretion. If Yuwie.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
9. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Yuwie.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
10. Non-commercial Use by Members. The Yuwie Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Yuwie.com. Illegal and/or unauthorized use of the Yuwie Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Yuwie Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Yuwie Services.
11. Proprietary Rights in Content on Yuwie.com.
    1. Yuwie.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Yuwie Services. After posting your Content to the Yuwie Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Yuwie Services, you hereby grant to Yuwie.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Yuwie Services.

       Without this license, Yuwie.com would be unable to provide the Yuwie Services. For example, without the right to modify Member Content, Yuwie.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Yuwie.com could not allow Users to listen to music posted by Members. The license you grant to Yuwie.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Yuwie.com), fully-paid and royalty-free (meaning that Yuwie.com is not required to pay you for the use on the Yuwie Services of the Content that you post), sublicensable (so that Yuwie.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Yuwie Services), and worldwide (because the Internet and the Yuwie Services are global in reach). This license will terminate at the time you remove your Content from the Yuwie Services. The license does not grant Yuwie.com the right to sell your Content, nor does the license grant Yuwie.com the right to distribute your Content outside of the Yuwie Services.

    2. You represent and warrant that: (i) you own the Content posted by you on or through the Yuwie Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Yuwie Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Yuwie Services.
    3. The Yuwie Services contain Content of Yuwie.com ("Yuwie.com Content"). Yuwie.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Yuwie.com owns and retains all rights in the Yuwie.com Content and the Yuwie Services. Yuwie.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Yuwie.com Content (excluding any software code) solely for your personal use in connection with viewing the Yuwie Website and using the Yuwie Services.
    4. The Yuwie Services contain Content of Users and other Yuwie.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Yuwie Services.
12. Content Posted.
    1. Yuwie.com may delete any Content that in the sole judgment of Yuwie.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Yuwie.com assumes no responsibility for monitoring the Yuwie Services for inappropriate Content or conduct. If at any time Yuwie.com chooses, in its sole discretion, to monitor the Yuwie Services, Yuwie.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the Yuwie Services, and any material or information that you transmit to other Members and for your interactions with other Users. Yuwie.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Yuwie.com prior to posting and does not necessarily reflect the opinions or policies of Yuwie.com. Yuwie.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
13. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Yuwie Services. Yuwie.com reserves the right to investigate and take appropriate legal action against anyone who, in Yuwie.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Yuwie Services and terminating the Membership of such violators. If your account is banned or deleted because of policy violations including, but not limited to those listed in these terms, you will forfeit all referrals, all past, present, and future earnings. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Yuwie.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. contains excessive cursing and/or vulgar language, gestures, or printed word;
    4. exploits people in a sexual or violent manner;
    5. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    6. contains any content that Yuwie deems adult, provocative, or sexual in nature;
    7. contains any pornographic images, words, or gestures;
    8. solicits personal information from anyone under 18;
    9. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    10. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    11. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    12. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    13. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    14. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    15. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    16. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    17. includes a photograph of another person that you have posted without that person's consent; or
    18. contains instructions, hints or glitches for use in hacking, cheating, or cracking Yuwie.com

        The following is a partial list of the kind of activity that is illegal or prohibited on the Yuwie Website and through your use of the Yuwie Services. Yuwie.com reserves the right to investigate and take appropriate legal action against anyone who, in Yuwie.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    19. spamming referral link through email, message boards, or any other physical or electronic means,
    20. attempting to steal other members referrals
    21. attempting to artificially inflate page views
    22. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    23. advertising to, or solicitation of, any Member to buy or sell any products or services through the Yuwie Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Yuwie Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Yuwie.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Yuwie.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Yuwie Services, you acknowledge that you will have caused substantial harm to Yuwie.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Yuwie.com $50 for each such unsolicited email or other unsolicited communication you send through the Yuwie Services;
    24. covering or obscuring the banner advertisements on your personal profile page, or any Yuwie.com page via HTML/CSS or any other means;
    25. any automated use of the system, such as using scripts to add friends or send comments or messages, or automated surfing applications;
    26. interfering with, disrupting, or creating an undue burden on the Yuwie Services or the networks or services connected to the Yuwie Services;
    27. attempting to impersonate another Member or person;
    28. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    29. selling or otherwise transferring your profile;
    30. using any information obtained from the Yuwie Services in order to harass, abuse, or harm another person;
    31. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Yuwie Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
    32. using the Yuwie Services in a manner inconsistent with any and all applicable laws and regulations.
14. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Yuwie.com to terminate Membership privileges (including earnings) of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Yuwie.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Yuwie Services in a way that constitutes copyright infringement, please provide our Yuwie with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Yuwie Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Yuwie.com for notice of claims of copyright infringement can be reached as follows: copyright@Yuwie.com.
15. Member Disputes. You are solely responsible for your interactions with other Yuwie.com Members. Yuwie.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Privacy. Use of the Yuwie Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
17. Disclaimers. Yuwie.com is not responsible for any incorrect or inaccurate Content posted on the Yuwie Website or in connection with the Yuwie Services, whether caused by Users of the Yuwie Services or by any of the equipment or programming associated with or utilized in the Yuwie Services. Profiles created and posted by Members on the Yuwie Website may contain links to other websites. Yuwie.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Yuwie.com. Inclusion of any linked website on the Yuwie Services does not imply approval or endorsement of the linked website by Yuwie.com. When you access these third-party sites, you do so at your own risk. Yuwie.com takes no responsibility for third party advertisements which are posted on this Yuwie Website or through the Yuwie Services, nor does it take any responsibility for the goods or services provided by its advertisers. Yuwie.com is not responsible for the conduct, whether online or offline, of any User of the Yuwie Services. Yuwie.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Yuwie.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Yuwie Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Yuwie Services. Under no circumstances shall Yuwie.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Yuwie Services, attendance at a Yuwie.com event, from any Content posted on or through the Yuwie Services, or from the conduct of any Users of the Yuwie Services, whether online or offline. The Yuwie Services are provided "AS-IS" and as available and Yuwie.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Yuwie.com cannot guarantee and does not promise any specific results from use of the Yuwie Services.
18. Limitation on Liability. IN NO EVENT SHALL YUWIE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF YUWIE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YUWIE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YUWIE.COM FOR THE YUWIE SERVICES DURING THE TERM OF MEMBERSHIP.
19. U.S. Export Controls. Software available in connection with the Yuwie Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Yuwie Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
20. Disputes. If there is any dispute about or involving the Yuwie Services, you agree that the dispute shall be governed by the laws of the State of Oklahoma, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Oklahoma, City of Norman. Either Yuwie.com or you may demand that any dispute between Yuwie.com and you about or involving the Yuwie Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Norman, Oklahoma, USA, provided that the foregoing shall not prevent Yuwie.com from seeking injunctive relief in a court of competent jurisdiction.
21. Indemnity. You agree to indemnify and hold Yuwie.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Yuwie Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Yuwie Website or through the Yuwie Services causes Yuwie.com to be liable to another.
22. Other. This Agreement is accepted upon your use of the Yuwie Website or any of the Yuwie Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Yuwie.com regarding the use of the Yuwie Services. The failure of Yuwie.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Yuwie.com is a trademark of Yuwie, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us with any questions regarding this Agreement.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Yuwie.com

Bravenet Affiliate Program Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRAVENET WEB SERVICES, INC. ("Bravenet") BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

All members of the Bravenet Affiliate program are required to agree to the following Terms and Conditions. Anyone determined by Bravenet to have violated these terms and conditions is subject to dismissal from the Bravenet Affiliate program. Dismissal relieves Bravenet from any obligation to record and award affiliate earnings.

Overview

This Agreement contains the complete terms and conditions that apply to your participation to in the Bravenet Affiliate Program. All uses in this agreement of the words "Bravenet", "we", "us" or "our" refers to Bravenet Web Services, Inc., a Canadian corporation with its principal place of business at Jensen Ave., Parksville, BC, Canada, V9P 2H5. All uses of the words "Applicant", and "you" refers to you, the Applicant. Member means an applicant who has completed the application packet and has been accepted by Bravenet into the Bravenet Affiliate Program. "Your site" means the site on the World Wide Web which you specify in your application packet and which you own. The Bravenet site means http://www.bravenet.com.

Enrollment into the Program

To enroll, you must complete and submit the online application. You will be immediately accepted into the program so you can start referring new members right away. We may reject your application at our sole discretion. Unsuitable sites include but are not limited to sites that:

1. Are under construction and are not accessible.
2. Promote, contain or link to sexually explicit materials.
3. Promote violence.
4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
5. Promote illegal activities.
6. Violate intellectual property rights or violate any local, state, federal or other law or regulation.
7. Contain any libelous, defamatory or disparaging materials.
8. Contain little or no original content.

If we reject your application, you are welcome to re-apply to the Affiliate Program at any time.

Links and Graphics

As a member of the Bravenet Affiliate Program, you will have access to the Affiliates Command Center, located in your Bravenet Account under 'affiliates'. At this site you will be able to download HTML code (that provides links to web pages within the Bravenet website) and graphics that we have made available for use in your website. You are only allowed to link to those specific web pages that we designate in the HTML code. Plus, in order for us to accurately keep track of guest visits from your site to ours, you must use the HTML code that we provide. You may enhance the code by adding your own graphics and text as long as it accurately describes Bravenet and Bravenet services.

Additionally, only Bravenet's HTML forms may be used for registration and login to the Bravenet service. Bravenet reserves the right, at any time, to review your placement and require that you change the placement or use to comply with the guidelines provided. Subject to the terms of this Agreement, we grant you a non-exclusive, non-sub licensable right to display and host Affiliates Links provided to you under this Agreement solely so that you may link to the Bravenet Site as described herein.

You may use the Bravenet Trademark, links and images solely for the purpose authorized by Bravenet. You may not modify the Bravenet Trademark, links and images.

Responsibility for Your Site

You will be responsible for the content, style, and placement of the links. You may not alter banners, buttons, graphics or text links (collectively "Marks"). We provide access to a toolkit with an HTML generator. You must use the generator to create your links in order to meet the criteria in the operating agreement. You agree to fully cooperate with us in order to establish and maintain any links between the Bravenet site and your site. You also agree that those graphic images that you display pertaining to Bravenet, for use as a link or otherwise, will only be graphic images that we provide to you from the Affiliate Command Center. If we update those graphics, you agree to replace our old graphics with the new ones.

New graphical standards will be posted in the Membership Agreement from time to time. It is your responsibility as the Affiliate Member to ensure that all changes to the Membership Agreement are adhered to. You will be solely responsible for the development, operation, and maintenance of Your Site and related equipment and for all materials and content that appears on Your Site.

You are also responsible for the following:

1. The technical operation of your site and all related equipment.
2. The accuracy and appropriateness of all materials posted on Your Site according to the standards set forth in part 2 of this Agreement.
3. Insuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights).
4. Insuring that materials posted on Your Site are not libelous or otherwise illegal.

We disclaim all liability for these matters. Further, you agree to indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to or arising out of your responsibilities stated in this Agreement, including without limitation the development, operation, maintenance, of Your Site and the related equipment, materials and content on Your Site.

Except as provided herein, you agree that you have no rights, title or interest in or to the Marks, the message, or other images. You agree not to apply for registration of any of the Marks (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of any Bravenet Mark. Members acknowledge and agree that their website information (name, URL, traffic counts, etc.) may be used by Bravenet. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Members agree to allow Bravenet to use screen shots of any web page that contains the Bravenet HTML code in Bravenet promotional materials. Anyone found in deliberate violation of these terms and conditions is subject to expulsion from the Affiliates Program.

Affiliate shall be responsible for all taxes including, without limitation, sales, use, property, excise, value added and gross receipts levied on or with respect to this Agreement, except taxes based on Bravenet's net income.

Referral Fees, Fee Schedule and Fee Payment

For every new Registrant who enters the Bravenet Site through Affiliates Links from Your Site and registers for a Bravenet membership and remains an active member for a period of no less than 15 days (a "**Qualified Registrant"), Bravenet will pay you a $1.00 per registration. To become an active member of Bravenet, a member must join and actively use 1 or more of our services on their website. (See **Qualified Registrants below) Active use is defined as reaching a predefined number of service pageviews in order to deem the user active.

**Qualified Registrants include registered users of these Bravenet Services:

• Guestbook
• Message Forum
• Website Hosting
• E-Cards
• E-mail Forms
• Site Search
• Guestmap
• Fast URL Redirect
• Password Gate
• Mailing List
• Site Ring
• Vote Caster
• Classifieds
• Cartoon of the Day
• Tell-A-Friend
• Free Links
• Live Chat
• FAQ Service
• Mini Poll

Registrants that do not follow Bravenet's Membership Terms and Conditions (i.e. adult sites, warez, hate sites, etc.) will not qualify. In addition, valid registrants must register with a valid email address. Please note that we will not pay Referral Fees on registrations who enter the Bravenet site other than through Affiliates Links from your site.

We will pay you Referral Fees on a monthly basis. However, if the Referral Fees payable to you for any calendar month are less than $50.00, we will hold these Referral Fees until the total amount due is at least $50.00 or (if earlier) until this Agreement is terminated.

Any Customers who link to the Bravenet Site from an Affiliates link and register with the Bravenet Service will be deemed to be customers of Bravenet, and accordingly, all Bravenet rules, policies, and operating procedures will apply to those customers. Bravenet, at its sole discretion, may change our rules, policies, operating procedures, services offered, pricing and referral fees at any time without prior notice.

Fraud

If Bravenet determines in its sole discretion that you are using the Bravenet Affiliate program in a fraudulent manner, Bravenet reserves the right to refuse payment for any members sent to us via your site. For the purposes of this agreement "fraudulent manner" includes, but is not limited to, the following actions:

1. Instructing people to fill out the registration form with false information or for purposes other than obtaining a free Bravenet account;
2. Submitting registrations using false e-mail addresses;
3. Submitting registrations using e-mail addresses belonging to other people or multiple e-mail addresses that belong to only one person;
4. Your Affiliate Link is placed within the "Hotline Server" or similar community, or on a site that is advertised within the "Hotline Server" or similar community;
5. Your Affiliate Link generates several clickthroughs from the same I.P. address;
6. Your Affiliate Link generates abnormally high clickthrough and/or conversion rates;
7. Your affiliate is associated with objectionable material; or
8. Any other activity that Bravenet determines, in its sole discretion, to be fraudulent. In order to determine fraudulent use, Bravenet will consider the content of your site, your marketing tactics, or any other information that Bravenet deems appropriate.

Reporting

You can access your Affiliate account and view reporting details in the Affiliate service manager page in the Bravenet Members Area. Login with your Username and Password and click on the Affiliate Program link.

Promotion & Publicity

You are welcome to promote your own websites, but naturally any promotion that mentions the Bravenet Site or any Bravenet service, could be perceived by the public or the press as a joint effort.

As such, certain forms of advertising are always prohibited by Bravenet. For example, advertising commonly referred to as "spamming" is prohibited by Bravenet. Other generally prohibited forms of advertising include the use of unsolicited commercial e-mail (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return e-mail address.

We require written consent for any promotion that mentions the Bravenet Site, Bravenet or any Bravenet service. However, subject to your obtaining our written consent, we generally approve mailings to customers to promote Bravenet services so long as the recipient of the mailing is already a customer or subscriber of your services, and recipients have the option to remove themselves from future mailings. Also, newsgroups postings to promote Bravenet services are generally approved by Bravenet so long as the news group specifically welcomes commercial messages. In all cases, you must always clearly represent yourself and your websites as independent from Bravenet.

You grant to us a non-exclusive license to use your names, titles, and logos to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

Terms and Termination

The terms of this Agreement will begin upon our acceptance of your Program application packet and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party five (5) days written notice of termination. You have seven (7) days from day of termination to remove all Your Links relating to this Agreement from Your Site. You are only eligible to earn referral fees on Qualifying Registrations occurring during the term of this Agreement. Your final payment will be distributed to you forty-five (45) days after the end of calendar quarter in which this Agreement has been terminated.

Bravenet reserves the right to terminate this Agreement with no notice to you if we determine that your use of our Affiliates program is for fraudulent purposes as described in Section 6.

Upon termination of this Agreement by either party you shall immediately cease your use of all Marks and offering access to Bravenet.

Relationship of Parties

You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Bravenet. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.

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 the execution, operation or performance of this Agreement or the operation of the Program, regardless of whether we were informed or had direct or imputed knowledge of the possibility of such damages or loss in advance.

Further, our aggregate liability arising with respect to the execution, operation or performance of this Agreement or the operation of the Program will not exceed the total referral fees paid or payable to you under to this Agreement. This Section 10 in no way limits Bravenet's recovery of indirect, special or consequential damages from you, the Affiliate, for your breach of any section of this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Bravenet site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

Miscellaneous

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and understandings relating to the subject matter of this Agreement and that all modifications to this Agreement must be made in writing, signed by both parties except as otherwise provided herein.

Neither party may assign or transfer any of the rights, duties or obligations herein to any party (except to an affiliated company, or a successor in interest in the event of a merger, sale of assets of the business to which this Agreement is related or consolidation) without the prior written consent of the other party and any purported attempt to do so will be null and void.

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

This Agreement will be governed by the laws of Canada and the province of British Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in to the courts located in British Columbia, Canada, and you irrevocably consent to the jurisdiction of such courts.

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 provision or any other provision of this Agreement.