General Terms
Introduction
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or to purchase products or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
If any products or services are recommended or linked to you should assume there is an affiliate link through which we get paid. However, the availability of an affiliate commission will never be a reason for recommending a product or service.
Prohibited Uses
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website, you grant us, without remuneration, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
This includes the right to modify the content in any way, including adding, removing, or editing links; and submitting and/or using the content on other websites; and using the content in other media such as print, video, and audio.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Payments, Revenue Sharing and Referral Program
We greatly value and appreciate those who recommend and promote our services and products to others.
All payments are currently made by Google via their Adsense program. You must have an active Google Adsense account to be paid.
While this is subject to change, here is how the revenue sharing works:
Adsense advertising is placed on content pages of the website. When the ad is clicked on Google pays a certain amount of money, determined solely by Google.
The author of the content must include their Adsense ID within their account information. They will then receive, on a random basis, 50 percent of all Adsense ad impressions for content they create containing their ID. If there is no Adsense ID in an author's account, the 50 percent reverts to Astounding Marketing.
If someone creates a link to a content page at dafind.com containing their Adsense ID then they receive 50 percent of all ad impressions on that page. If there is no referring link, then the 50 percent reverts to Astounding Marketing.
In this manner if a user creates content and also creates a link to the content, then can receive (if our math is right) about 75 percent of the ad impressions.
Ad impressions do not equal clicks. No representation is made about any clicks being made, a percentage of clicks received, or amount of money received.
All users and referrers must comply with all terms of the Google Adsense program. Failure to comply will result in your ID being removed from the ad rotation.
All impression and click data is managed and maintained solely by Google. All payments are solely by Google.
Pages may include advertising, affiliate links, etc., from sources to, or other than Adsense. There is no revenue sharing for non-Adsense advertising.
If you account is terminated for breach of these rules or article guidelines, any Adsense ID in your account may be removed.
Relationships
The ability to advertise and link to our site, or to provide content, is non-exclusive and revocable in our discretion for any reason.
All proprietary information, trademarks, copyrights and all other similar rights in and arising out of our products and services are, and shall continue to be, our exclusive property. You have a right to refer to our trademarks only so long as they remain active affiliates and otherwise comply with these terms.
You shall act exclusively as an independent contractor, and is not an employee or agent. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties. You shall not sign any document in our name of or on our behalf, nor shall you hold yourself out as being our agent or as having apparent authority to contract for or bind us to any contract.
You may not promote our products or services from any website or other location that engages in illegal conduct, according to both law of the jurisidction where we are based and the law of the jurisdiction in which the affiliate resides. Additionally, affiliates agree to not promote our products or services from any website or other location that also contains or promotes 'adult' related products or services, whether or not there is nudity.
Advertising
You are solely responsible for their own advertising, which must be truthful and not deceptive. Advertising is not pre-approved or reviewed by us.
Junk Faxes
It is against US federal law to engage in commercial advertising using unsolicited faxes to persons located in the US. It is against the law, even if your country or jurisdiction may permit unsolicited fax advertising until a person opt-outs from receiving further advertisements.
We do not permit you to send unsolicited faxes advertising any of our websites, products or services to anyone, or promoting your web pages or content on which our products or services are mentioned.
Anyone found to have sent unsolicited faxes, whether or not to someone they have an existing business relationship with, may, in our discretion, have their license and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold us harmless, including our owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited fax advertisements.
Spam
It is against US federal law to engage in certain forms of commercial advertising using unsolicited email to persons located in the US.
We do not permit anyone to send unsolicited email advertising any of our products or services, or promoting affiliate's web pages or content on which our products or services are mentioned, irrespective of the law in your jurisdiction.
Anyone found to have sent unsolicited email, may, in our discretion, have their license and right to use and/or market our products and services terminated.
This terminating event will not result in a reimbursement of any monies that have been paid to us. Any owed commissions will be forfeited to us.
You also agree to defend, indemnify, and hold us harmless, including our owners, employees, independent contractors, subsidiaries, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, and anyone else, from any liability, claims, or demands, whether legal or equitable in nature, arising from your directly or indirectly sending unsolicited email advertisements.
Other
You are prohibited from copying, framing, or otherwise making our website appear on another domain.
You are prohibited from taking any action, using any practice or technology, which interferes with our website and/or tracking of referrals or affiliate commissions. This includes the use of toolbars, download technology, cookie stuffing, and any other system, practice, or scheme which results in a non-user caused event that creates a click.
You are prohibited from accessing our website, or causing any access to our website, in violation of any of these terms.
Miscellaneous
This Agreement in all respects shall be governed by and construed according to the laws of the State of California, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Sacramento County, California. You consent to the exclusive jurisdiction of California, for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Sacramento County, California.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: June 29, 2010
Copyright: Internet Marketing Law Center