The following are terms and
conditions for participating in the LastTestamentWill.com Affiliate
Program. "Affiliate" refers to you, and "LastTestamentWill.com" refers to
LastTestamentWill.com and its corresponding entities.
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.
LastTestamentWill.com also considers ANY type of advertisement about
LastTestamentWill.com 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 LastTestamentWill.com, 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
LastTestamentWill.com Affiliate Agreement and subject to legal action and
be held liable for any financial loss incurred by LastTestamentWill.com.
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 LastTestamentWill.com to allow any promotion.
Affiliate will also not attempt to "bundle" LastTestamentWill.com from
LastTestamentWill.com with any other software, regardless of user
permission or otherwise, unless expressly permitted to do so in writing by
LastTestamentWill.com. LastTestamentWill.com has no past or existing
"bundling" arrangement of any kind, so Affiliate shall not bundle
LastTestamentWill.com software with any other unless expressly permitted
in writing to do so by LastTestamentWill.com.
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
LastTestamentWill.com 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 LastTestamentWill.com 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
LastTestamentWill.com 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 LastTestamentWill.com should receive any notification of
claimed infringement by Affiliate, Affiliate agrees to cooperate with
LastTestamentWill.com in expeditiously responding to such notification and
resolving any claim of infringement. In the event that an affiliate is
unresponsive or unwilling to assist, LastTestamentWill.com 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
LastTestamentWill.com. Affiliate further agrees to indemnify and reimburse
LastTestamentWill.com 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
LastTestamentWill.com Affiliate is an independent contractor and not an
employee, agent, partner, legal representative, or franchisee of
LastTestamentWill.com. Affiliate further agrees not to incur any debt,
expense, obligation on behalf of, for, or in the name of
10. All Affiliate
applications are subject to approval by LastTestamentWill.com
11. Affiliate agrees to
receive LastTestamentWill.com e-mail, including but not restricted to
sales reports, training, plus messages from Affiliate's Team Leader and/or
12. Affiliate agrees to
present LastTestamentWill.com products and services as set forth at the
official LastTestamentWill.com Website. Affiliate will make no claims
regarding products or services beyond what is stated at the official
is not responsible for technical problems, acts by third parties, or other
events outside our reasonable control which may temporarily disrupt or
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 LastTestamentWill.com logo, image, or trademark which may be
distasteful, defame, or misrepresent LastTestamentWill.com.
15. Affiliate may not
assign rights or delegate duties under this Agreement without the prior
written consent of LastTestamentWill.com. Upon request,
LastTestamentWill.com will provide Affiliate with guidelines for the sale,
transfer, or assignment of Affiliate's LastTestamentWill.com business.
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.
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
LastTestamentWill.com 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 LastTestamentWill.com has been advised of the possibility of such
damages. LastTestamentWill.com aggregate liability arising under or with
respect to this agreement or the program shall in no event exceed the
amounts paid or payable by LastTestamentWill.com under this agreement.
LastTestamentWill.com 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.