SEOBrandingPro Affiliate Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE. SEOBrandingPro.com ("we" or "us") offers access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now.

OWNERSHIP. We, along with our providers ("Providers"), own and have copyrights on our site and all of its contents. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site, but you may download, display and print one (1) copy of the materials presented on our site on a single computer for your personal, non-commercial use. Trademarks, logos and service marks displayed on our site ("Marks") and our Providers, registered and common law Marks. Your use of and access to our site does not grant you any license or right to use any of the Marks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.

USE OF SITE. You may only use our site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our site by you and anyone using your password and login information. You may only use our site to make legitimate reservations or purchases. You may not use our site: to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our site. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.

PRIVACY. Your use of the website is subject to SEOBrandingPro.com Privacy Policy. Your use of this website indicates that you have read the SEOBrandingPro.com, privacy policy and it is reasonable and acceptable to you. Your acceptance of these Terms and Conditions is also your consent to the information practices in our privacy policy.

SPAM. SEOBrandingPro.com has a no tolerance anti-spam policy and actively monitors its Affiliates websites to enforce their compliance with this policy. Your acceptance of these Terms and Conditions is also your consent to the information practices in our Spam Policy

LINKS. Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk.

WARRANTY DISCLAIMER. WE MAKE NO, AND OUR PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

LIMITATION OF LIABILITY. WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

If, despite the limitation above, we are or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability and the Providers' liability will in no event exceed, in total, the sum of US$150.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

INDEMNIFICATION. You will defend and indemnify us and any Provider and each of our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party or your use of our site.

GENERAL. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms, at any time, by posting conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of our site, following the posting of conspicuous notice of any modification, will be subject the Terms in effect at the time of your use. You will review these Terms periodically. Your continued use of our site, following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your reservations, bookings and purchases of services through our site and to your use of other portions of our site. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the State of Utah (USA), without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Utah (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.

SUPPLIER TERMS AND CONDITIONS. You agree to abide by the terms of Conditions of purchase imposed by any supplier with whom you elect to deal.

WEBSITE INFORMATION. The information displayed herein is provided in good faith, but SEOBrandingPro.com makes no guarantees about the completeness, accuracy, timeliness, availability, accessibility, merchantability, or fitness for any particular purpose of any of the information. The accuracy and reliability of the Content within the website and its associated links is not guaranteed and is provided "as is" and all warranties, either express or implied, are disclaimed. SEOBrandingPro.com accepts no responsibility for your use of this information, or for anyone else's use of it. SEOBrandingPro.com accepts no responsibility for any injury, loss, claim, or damage arising out of or in any way connected with this service or the information displayed here. By accessing this service, you agree with these conditions and agree to hold harmless SEOBrandingPro.com and its affiliates.

RELATIONSHIP. The relationship between SEOBrandingPro.com and you will be that of independent contractors. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SEOBrandingPro.com or its Affiliates as a result of these Terms and Conditions or use of this website.

INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to SEOBrandingPro.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that SEOBrandingPro.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms and Conditions by You, or your Affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by SEOBrandingPro.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

TERMINATION. SEOBrandingPro.com reserves the rights to change, suspend or discontinue any aspect of the website at any time, including the availability of any of the website features, database, or Content, and may provide reasonable notice of such changes on the website. SEOBrandingPro.com may also impose limits on features or restrict access to parts of the website.

SEOBrandingPro.com may terminate user and or Affiliate access or suspend any user's or Affiliates access to all or part of the web site without notice for any conduct that SEOBrandingPro.com, in its sole discretion, believes violates any applicable law or is harmful to SEOBrandingPro.com service supplier or a third party licensor.

SEOBrandingPro.com reserves the right to change the terms, conditions, and notices under which this website is offered and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.

If you have any questions and or concerns regarding these Terms and Conditions. Please feel free to contact us at info@SEOBrandingPro.com

SEOBrandingPro.com STATEMENT OF POLICIES AND PROCEDURES

1. SEOBrandingPro.com, hereinafter "Company," is an Advertising company selling advertising services and products and other consumer services and products to the consumer through independent Affiliates. The policies and procedures herein are applicable to all independent Affiliates of the Company.

2. An Affiliate is one who has completed a Company application and agreement and has been accepted by the Company as an Affiliate. The Company reserves the right to accept or reject anyone as an Affiliate.

3. All Affiliates must be the age of majority in the state in which they distribute Company products. The Company reserves the right to reject any applications for new Affiliates or applications for renewal. Should a husband/wife Affiliates divorce, they should notify the Company as to how the Affiliate is to be managed thereafter. Otherwise, the Company will recognize the final judicial or adjudicatory disposition of the Affiliate.

4. Affiliates are independent marketing contractors of the Company and are not to be considered purchasers of a franchise or a distributorship. The agreement between the Company and its Affiliates does not create an employer\employee relationship, agency, partnership, or joint venture between the Company and the Affiliates. Each Affiliate shall hold harmless the Company from any claims, damages or liabilities arising out of Affiliate's business practices. Company Affiliates have no authority to bind the Company to any obligation. Each Affiliate is encouraged to set up his\her own hours and to determine his\her own methods of sale, so long as he\she complies with the policies and procedures of the Company.

5. In the conduct of its business, the Affiliate shall safeguard and promote the reputation of the products of the Company and shall refrain from all conduct which might be harmful to such reputation of the Company or to the marketing of such products or inconsistent with the public interest, and shall avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.

6. The Company's program is built upon retail sales to the ultimate consumer. The Company also recognizes that Affiliates may wish to also purchase product for their own personal use. The Affiliate, however, will not receive credit for bonus purposes, qualification or advancement for his or her own personal purchases. Affiliates must fulfill published sales requirements to qualify for bonuses, overrides or advancements.

7. All Affiliates are responsible for paying local, state and federal taxes due on earnings from commissions or any other earnings generated as a seller of Company products.

8. Company Affiliates shall not advertise Company products and/or marketing plans except as specifically approved by the Company. Company Affiliates agree to make no false or fraudulent representations about the Company, the products, the Company compensation plan, or income potentials.

9. No product purchase by the Affiliates is required.

10. Trademark, Trade Names, Advertising. The name of the Company and other names as may be adopted by the Company are proprietary trade names and trademarks of the Company. As such, these marks are of great value to the Company and are supplied to Affiliates for Affiliate's use only in an expressly authorized manner.
   a. Affiliate agrees not to advertise the Company product in any way other than the advertising or promotional materials made available to Affiliates by the Company. Affiliate agrees not to use any written, printed, recorded or any other material in advertising, promoting or describing the product or the Company marketing program, or in any other manner, any material which has not been copyrighted and supplied by the Company, unless such material has been submitted to the Company and approved in writing by the Company before being disseminated, published or displayed.
   b. The Affiliate, as an independent contractor, is fully responsible for all of his\her verbal and written statements made regarding the product and marketing program which are not expressly contained in writing in the current Affiliates agreement, and advertising or promotional materials supplied directly by the Company. Affiliates agrees to indemnify the Company and hold it harmless from any and all liability including judgments, civil penalties, refund, attorney fees, court costs or lost business incurred by the Company as a result of Affiliate's unauthorized representations.
   c. The Company will not permit the use of its copyrights, designs, logos, trade names, trademarks, etc. without its prior written permission.
   d. All Company materials, whether printed, on film, produced by sound recording, or on the internet, are copyrighted and may not be reproduced in whole or in part by Affiliates or any other person except as authorized by the Company. Permission to reproduce any materials will be considered only in extreme circumstances. Therefore, Affiliates should not anticipate that approval will be granted.
   e. A Company Affiliate may not produce, use or distribute any information relative to the contents, characteristics or properties of Company product which has not been provided directly by the Company. This prohibition includes but is not limited to print, audio or video media.
   f. A Company Affiliate may not produce, sell or distribute literature, films or sound recordings which are deceptively similar in nature to those produced, published and provided by the Company for its Affiliates. Nor may any Affiliate purchase, sell or distribute non-company materials which imply or suggest that said materials originate from the Company.
   g. Any display ads or institutional or trademark advertising copy, other than covered in the foregoing rules, must be submitted to the Company and approved in writing by the Company prior to publication.
   h. All advertising copy, direct mailing, radio, TV, newspaper and display copy must be approved in writing before being disseminated, published or displayed with the exception of blind ads where no reference is made to the Company name or product name.

11. Internet and Website Policy and Obligations of SEOBrandingPro.com
  a. Upon acceptance of your application, you will have the ability to access performance reports via your account in the SEOBrandingPro.com Affiliate System. The SEOBrandingPro.com Affiliate System interface will contain certain sales reports and traffic information related to your affiliate relationship with SEOBrandingPro.com. These reports will contain estimates of (i) the number of Internet user click-thru to the SEOBrandingPro.com Site from use of Advertising; (ii) the Referral Fees payable to you (iii) the number of Customers generated from use of Advertising.
   b. SEOBrandingPro.com shall provide you with all Advertising and you shall use only Advertising provided by SEOBrandingPro.com in promoting the SEOBrandingPro.com product. The Advertising available for your use will be made available in the SEOBrandingPro.com Affiliate System. SEOBrandingPro.com shall be solely responsible for creating and modifying all Advertising.
   c. During the Term, SEOBrandingPro.com shall pay you a fee ("Referral Fee") for each sale from customer you deliver as of the last day of the month, as documented on the reporting system located in the SEOBrandingPro.com Affiliate System. SEOBrandingPro.com reserves the right to adjust the Referral Fee payable to you to the extent of any reporting errors, fraudulent Purchases or intentional manipulations of the registration process, all as determined in our reasonable, good faith discretion. In addition to all other remedies available to it, SEOBrandingPro.com shall have the right to refuse to make any payment to you with respect to any Customer that SEOBrandingPro.com, in its reasonable, good faith discretion, determines was obtained as a result of promotional efforts that were in breach of this Agreement. The Referral Fees payable shall be in accordance with the Referral Fee pricing schedule set forth on the SEOBrandingPro.com Payment Schedule. The SEOBrandingPro.com Payment Schedule is located on the SEOBrandingPro.com Affiliate Site and is available through the SEOBrandingPro.com Affiliate System. SEOBrandingPro.com reserves the right to change the Referral Fees payable hereunder by providing notice to you and reflecting such changes on the SEOBrandingPro.com Payment Schedule. Any changes to the Referral Fees shall become effective upon notice to you. Such notice may be in the form of an email to you or by posting in the SEOBrandingPro.com Affiliate System.

12. Internet and Website Policy and Obligations of Affiliate
   a. As an Affiliate, you are permitted to promote the SEOBrandingPro.com product only through Advertisements offered through the methods listed below. We reserve the right, in our sole and absolute discretion, to remove you from the SEOBrandingPro.com Affiliate Network for any or no reason whatsoever.
   b. Links from your website to the SEOBrandingPro.com Site, and
   c. Links or pop-under placements on websites for which you have received express written permission from such sites to serve such links or placements and as otherwise subject to the limitations set forth in this Agreement.
   d. All promotional activities undertaken by you to promote the SEOBrandingPro.com product shall be made in accordance with all applicable laws and regulations. You shall not complete the registration to or otherwise interact with the SEOBrandingPro.com product on behalf of any third party. You are only permitted hereunder to link third parties to the SEOBrandingPro.com Site. All information obtained at the SEOBrandingPro.com Site from individuals linking to the SEOBrandingPro.com Site shall be the sole and exclusive property of SEOBrandingPro.com and, except as specifically provided herein, you shall neither have access to such information nor use any device, technique or software to obtain information from the SEOBrandingPro.com Site.
   e. If you desire to promote the SEOBrandingPro.com product (i) by purchasing, either directly or indirectly, search terms from websites, search engines or other directory or referral services (e.g., Overture, Google, and Yahoo!), (ii) by incorporating keyword text into meta tags or websites or by using other search engine optimization techniques, (iii) by distributing SEOBrandingPro.com Emails, or (iv) by offering, either directly or indirectly, any consideration or incentives to potential Subscribers to register for the SEOBrandingPro.com product, including without limitation, payment of money, rebates, discounts or other benefits, you must first get written permission from us, which may be given or withheld in our sole and absolute discretion. We reserve the right to revoke such permission at any time for any or no reason whatsoever.
   f. You shall not bid or otherwise purchase, either directly or indirectly, the search name "SEOBrandingPro.com" or any misspelling or variant thereof from websites, search engines or other directory referral services.
   g. You shall not, in any way, utilize pop-over Advertisements or Spyware to promote the SEOBrandingPro.com product. You shall replace any Advertising displayed on your site with any new Advertising provided by SEOBrandingPro.com within ten (10) days after receiving notice from us of the new Advertising. You shall not modify any Advertisement in any way.
   h. Your site shall not in any way copy or resemble the look and feel of the SEOBrandingPro.com Site, nor shall you create the impression that your site is the SEOBrandingPro.com Site or a part of the SEOBrandingPro.com Site. You shall not use SEOBrandingPro.com or any variation or misspellings thereof in your URL. You shall not frame or permit the framing of any page of the SEOBrandingPro.com Site.
   i. During the Term, you will not disparage SEOBrandingPro.com, the SEOBrandingPro.com Site or the SEOBrandingPro.com product, or portray these in a derogatory or negative manner. The content of your website will, at all times, be in good taste. You are solely responsible for the development, operation and maintenance of your website and will indemnify, defend and hold SEOBrandingPro.com harmless from any claims arising out of or related to your website.
   j. No Spam and Do Not Call Policy. The Company has a zero tolerance policy of spamming practices. Affiliates who violate the Company's "no spam policy" are subject to termination, suspension or disciplinary action.
   k. Third Party Internet Sales. In the absence of Company written approval, Company products and services may not be advertised nor sold on third party internet sites, including, but not limited to: (1) auction sites such as eBay, (2) internet shopping mall or catalog type sites, nor (3) other third party internet sites.

13. No Affiliates may independently design a website that uses the names, logos, or product descriptions of the Company, nor may an Affiliate use "blind" ads on the internet making product or income claims which are ultimately associated with Company products or the Company's compensation plan. Any person using Company names, logos, trademarks, etc. on the internet or any other advertising medium, except as permitted by Company Rules and Regulations, shall be subject to immediate discipline, including termination of Affiliates status.

Updated July 19th 2009