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Affiliate Agreement

  

Welcome to the My Internet Garage Affiliate Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which MyInternetGarage.com makes the My Internet Garage Affiliate ProgramTM ("Affiliate Program") available to you. By becoming a My Internet Garage Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.

MyInternetGarage.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the MyInternetGarage.com Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the MyInternetGarage.com Web Site will constitute binding acceptance of the changes.

1. General Rules

1.1 The MyInternetGarage.com Terms of Use and the MyInternetGarage.com Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the MyInternetGarage.com Terms of Use and the MyInternetGarage.com Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the " MyInternetGarage.com Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with the Terms of Use. In the event of an inconsistency between this Agreement and the MyInternetGarage.com Terms of Service this Agreement shall control.

2. Becoming a My Internet Garage Affiliate

2.1 Eligibility. MyInternetGarage.com will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 16 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 16.

2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by filling out the Affiliate Application.

2.3 Contact Information. You must provide MyInternetGarage.com with accurate and complete contact information when filling out your application. You must immediately notify MyInternetGarage.com if any of your contact information changes. If you do not provide MyInternetGarage.com with complete, accurate, and updated contact information, you will not be eligible to participate in the Affiliate Program.

2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify MyInternetGarage.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify MyInternetGarage.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the MyInternetGarage.com Service.

3. Your Obligations

3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of MyInternetGarage.com and third parties. You must comply with the Affiliate Guidelines and any other applicable guidelines set forth in the MyInternetGarage.com Privacy Policy.

3.2 Special Links. As a member of the Affiliate Program, MyInternetGarage.com will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the MyInternetGarage.com Web Site. The Special Links will permit tracking and reporting.

3.3 Use of Special Links. MyInternetGarage.com will provide you with the Special Links and graphical artwork to use in linking to the MyInternetGarage.com Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines. The Special Links will include, without limitation, one or more of the following types of links to the MyInternetGarage.com Web Site:

(a) Portal Page Links
(b) Category Links
(c) Search Results Link
(d) Banner Links
(e) General Link To MyInternetGarage.com Home Page

3.4 You agree that as an Affiliate Site you will NOT:

(a) Contain pornographic material
(b) Promote violence or hatred
(c) Be party to discrimination based upon race, sex, age or religon
(d) Allow or support defamatory information
(e) Contain any type of computer viruses

4. Identifying Yourself As An Affiliate.

4.1 Logo. MyInternetGarage.com will make available to you a small graphic image that identifies you as a My Internet Garage Affiliate Program participant. You must display this logo or the phrase "In affiliation with MyInternetGarage.com" somewhere on your web site or web space. MyInternetGarage.com may modify the text or graphic image of this notice from time to time. In addition, MyInternetGarage.com encourages (but does not require) you to include a Special Link on your web site to the MyInternetGarage.com home page at http://www.myinternetgarage.com.

4.2 All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without MyInternetGarage.com's prior written consent, which may be given or withheld in its sole discretion.

5. Limited Licenses.

MyInternetGarage.com License to You of Logo and Links. CafePress.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by MyInternetGarage com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant. In addition, MyInternetGarage.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the MyInternetGarage.com Web Site. You may not modify the graphic images or text, or any other of the MyInternetGarage.com images, in any way. MyInternetGarage.com may revoke your affiliation at any time by giving you written notice. MyInternetGarage.com reserves all of its rights in the graphic images, text, any other images, MyInternetGarage.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to MyInternetGarage.com's intellectual property shall inure to the benefit of MyInternetGarage.com.

6. Indemnification.

As you are bound by the Terms of Use in using the Affiliate Program, you must indemnify, defend and hold MyInternetGarage.com harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Use in using the Affiliate Program in accordance with the Terms of Use. You must also indemnify, defend, and hold MyInternetGarage.com harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that MyInternetGarage.com's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to MyInternetGarage.com.

7. Limited Licenses.

7.1 MyInternetGarage.com License to You of Logo and Links. CafePress.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by MyInternetGarage com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant. In addition, MyInternetGarage.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the MyInternetGarage.com Web Site. You may not modify the graphic images or text, or any other of the MyInternetGarage.com images, in any way. MyInternetGarage.com may revoke your affiliation at any time by giving you written notice. MyInternetGarage.com reserves all of its rights in the graphic images, text, any other images, MyInternetGarage.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to MyInternetGarage.com's intellectual property shall inure to the benefit of MyInternetGarage.com.

8. Indemnification.
As you are bound by the Terms of Use in using the Affiliate Program, you must indemnify, defend and hold MyInternetGarage.com harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Use in using the Affiliate Program in accordance with the Terms of Use. You must also indemnify, defend, and hold MyInternetGarage.com harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that MyInternetGarage.com's use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to MyInternetGarage.com.

9. Term and Termination.

9.1 Term. The term of this Agreement will begin upon MyInternetGarage.com's acceptance of your Affiliate Program application and will end when terminated by either party.

9.2 MyInternetGarage.com Termination. In its sole discretion, with or without notice to you, MyInternetGarage.com may terminate your participation in the Affiliate Program. If MyInternetGarage.com determines, in its sole discretion, that you are abusing the system, the MyInternetGarage.com Service and/or the My Internet Garage Affiliate Program, MyInternetGarage.com may (without limiting any other rights or remedies available to it) withdraw your participation.
9.3 Your Termination. You may terminate your Account for any reason at any time by contacting us.
Copyright © 2007 My Internet Garage