Profade - Affiliate Program

Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers. Account Approval Your account will be approved in 24-48 hours and we'll notify you of your approval via email.

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Username		Checks Payable
Password		Tax ID or SSN
Password Again		Website URL


Personal Information

First Name		Email Address
Last Name		Phone #
Address		Fax #
Address 2
City		Postal/Zip Code
County/State		Country




Terms & Conditions Agreement

To be an authorized affiliate of profade.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Profade.com service as an affiliate. By signing up for the Profade.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. WEBMASTER AFFILIATE PROGRAM AGREEMENT This Agreement contains the complete terms and conditions that apply to your participation as a member of the Webmaster Affiliate Program (the “Program”) operated by profade.com (hereinafter, “Company,” “we” or “us). As used in this Agreement, “you” or “your” means the applicant/participating member. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND profade.COM. BY CHECKING THE BOX IN THE SUBMISSION FORM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT, AND YOU AGREE TO BE BOUND BY THE TERMS HEREIN. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF. 1. Enrollment in this Program. To begin the enrollment process, you will submit a completed Program Application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age or determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”). 2. Utilizing Links on Your Site / BULK EMAILING (SPAM) ZERO TOLERANCE POLICY ! As an affiliate in the Program, you may use on your web site (“Affiliate Site”) any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the “Links”), however, you cannot employ deceptive language or misleading URL’s in the Links, and you CANNOT MARKET BY SENDING BULK EMAILS (SPAM) !!! 3. Commissions. We will pay you a commission per sale coming from your Links. Note that a commission will only be paid if the visitor to our site can be tracked by the system from the time of the Link to the time of the sale. No commission will be paid if the visitor's payment to our site cannot be tracked directly to your site by our system or if full payment for services is not made to us by the customer. No commission will be paid for purchases by you or anyone within your organization. 4. Marketing Must Conform To "Netiquette" We do NOT authorize the harvesting or collection of screen names from any ISP service for the purpose of sending unsolicited email, and will terminate without pay any webmaster determined to have transmitted bulk emails advertising any web sites marketed through this Program to lists gathered by such methods. Should we determine, in our sole discretion that you have violated this AUP, be assured that you will be terminated immediately, will be ineligible to sign up for another account, will not be paid for any traffic or subscriptions generated prior to the date of termination; and your registration information may be turned over to complaining parties. HOW TO REPORT IMPROPER MARKETING METHODS BY AFFILIATES If you believe you are the target of advertising in violation of this Agreement from a person or company advertising web sites under this Program, we ask for your cooperation in tracking down the offending party. Please send the offending ad, with all header or other technical information, to abuse@profade.com. 6. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the “Affiliate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any Agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 7. Responsibility for Your Site. You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: - Unsolicited bulk email, IRC or IM advertising, forged header mailings or any other form of mailing, in violation of federal or state law; - Provide inaccurate or incomplete information to Breast Genetics, concerning your identity, bank account, address or other required information; - Attempt to cheat, defraud or mislead us in any way; - Misrepresent to the public the terms and conditions or content of our sites or your sites; - Promote passwords, MP3, or Warez; - Own or operate a web site in connection with a person who is under 18 years of age. IN SHORT, WE EXPECT – INDEED, DEMAND – THAT YOU ACT WITH THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT 8. Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement. We have the right to monitor your Web site at any time and from time to time to determine if you are in compliance with this Agreement. We also reserve the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and profade.com retains the right to terminate this Agreement immediately. 9. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by email, to your email address on our records, is considered sufficient notice to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 10. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new Agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new Agreement on our site, will constitute binding acceptance of the change. 11. Relationship of Parties. Nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section. You are not an agent of profade.com and the profade.com, expressly disclaims responsibility for any conduct by you in violation of our terms of Agreement. 12. 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 this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement or fifty dollars ($50.00), whichever is greater. 13. Disclaimers. We make no expressed or implied warranties or representations with respect to the Affiliate Program, or any profade.com services, or other items sold through the Program (including, without limitation, warranties of fitness, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. 14. Representations and Warranties. You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other Agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide profade.com with notice that you have engaged in transmission of unsolicited bulk emails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information. 15. Indemnification. You hereby agree to indemnify, defend and hold harmless profade.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site. 16. Other Grounds for Termination In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: Altering by electronic, mechanical or automated means or other technologies, that may now exist or come into existence, the Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own, or causing the modification or substitution of Program webmaster affiliate code or Program site URLs belonging to or identified with accounts other than your own that may reside within or originate from a third party system in the form of bookmarks, cached pages, cookies or other stored forms that may be passed to the Program and/or Company system by user operation of said third party system Making any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

I have read, understand and agree to the above terms and conditions.