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Terms of Service

Agreement
The Terms of Service and Conditions found below shall govern participation in the Search-Freeek.net's Affiliate program (the "Program"). Your participating in the Program is bound by your adherence to the Terms of Service stated in this Agreement. The term 'Publisher' shall refer to any individual or entity who accepts the terms and conditions of this Agreement and thereby enters into a legally binding contract with Search-Freeek.net upon submitting the Affiliate Program application form. 




Responsibilities
Publisher shall enable users of Publisher's web site to perform search queries or provide them with links by utilizing any form of the Intellectual Property provided by Search-Freeek.net deemed necessary for Publisher such as verticals, Search Boxes, Banners, Text-Link Directories, Full-page Portals, Java-Includes, Dynamic Banners, Text-links, Pop-ups, Panels, XML feed, HTML feed, or other methods that may be provided by Search-Freeek.net in the future. Publisher shall not modify the Intellectual Property, which is herein licensed to Publisher. Publisher is solely responsible for the creation and maintenance of its own web site and for all contents that appears on Publishers web site that Publishers submitted to Program. Publisher may not issue any press release or other public statements regarding this Agreement without Search-Freeek.net's prior written consent. 




Terms and Termination
The term of this Agreement (the “Term”) will commence on the date Search-Freeek.net accepts and approves Publisher's completed application and will remain in full force and effect until terminated pursuant to this paragraph. All of the following terms and conditions must be adhered to and are legally binding immediately upon agreement. Both parties reserve the right to terminate this agreement at their discretion for any reason whatsoever. However, Publisher must notify Search-Freeek.net seven (7) days in advance, in writing or via e-mail, of its intentions to terminate Agreement. Inability to comply with any of said terms of agreement will forfeit any unpaid earnings and result in immediate termination of Publisher's account. Further legal course of action may be considered to prosecute violating Publishers. Search-Freeek.net will track all Members’ referrals and their commission. Search-Freeek.net will have full authority to make final decision in this regard. 





Payment
Search-Freeek.net will pay Publisher a commission of minimum % of the net bid amount earned by Search-Freeek.net for clicks generated as a result of a link from an Publisher's site. All payments are distributed to Publishers on a REQUEST basis. Publisher is responsible to pay all taxes on the monies earned through the Search-Freeek.net Program. Publisher has the option of choosing to receive payments by PayPal  or Payza. Publisher is responsible for maintaining all payment and contact information current. Search-Freeek.net requires each Publisher to submit all applicable member info or documents before payments can be made to Publisher. 
  1. Payment by Payza option: Search-Freeek.net will pay Publisher upon reaching a level of one ($1.00) dollar for all commissions earned under this Agreement less mailing fees for Publishers and less any amount Search-Freeek.net determines, in its sole discretion, was not validly earned from proper use of the Intellectual Property on Publisher's site. In other words, commissions earned during any calendar month that are less than one  ($1.00) dollar, at Search-Freeek.net's sole discretion, shall be carried over into balance, until it has met the minimium. In the event Search-Freeek.net has not received payment for a portion of such bid amount earned, Search-Freeek.net may delay paying commission due to Publisher on such portion additional 10 days on the NET term after Search-Freeek.net collects such portion.
  2. PayPal Option: Search-Freeek.net will pay Publisher upon reaching a level of one ($1.00) dollar for all commissions earned under this Agreement less any amount Search-Freeek.net determines, in its sole discretion, was not validly earned from proper use of the Intellectual Property on Publisher's site. In other words, commissions earned during any calendar month that are less than three ($3.00) dollars, at Search-Freeek.net's sole discretion, shall be carried over until the balance mets minimum. In the event Search-Freeek.net has not received payment for a portion of such bid amount earned, Search-Freeek.net may delay paying commission due to Publisher on such portion additional 10 days on the NET term after Search-Freeek.net collects such portion.
  3. Other Payment Options: Publisher can arrange with Search-Freeek.net for other payment methods (i.e.-wire transfers) in case the aforementioned options do not suffice. However, other payment options may require additional processing time and be subject to some restrictions and additional fees.




Referral Program
Search-Freeek.net agrees to pay Publisher percent of money earned by referrals that are accepted into the Search-Freeek.net Network during the term of this Agreement. The percent may vary by the Publisher member type of each Publisher will be paid in accordance with the payment terms described herein. Publisher may not signup under its own account without being approved by Search-Freeek.




Reporting
Publisher is fully responsible to maintain and preserve for at least one (1) year following termination or expiration of the Term, accurate records relating to the number of Searches during the Term. Search-Freeek.net shall have the right to review such records, including but not limited to log files, upon request to Publisher. 




License
Search-Freeek.net hereby grants to Publisher a non-exclusive, non-transferable, royalty-free license to use, reproduce, display, transmit, and redistribute Search-Freeek.net's linking methods, advertising, creative and related materials including search boxes, directories, exit consoles, vertical banners, and branded or co-branded search result pages and (ii) use and display Search-Freeek.net‘s trademarks, service marks and logos during the Term solely to display the Search Interfaces in furtherance of Publisher's performance under this Agreement. Permission to use Search-Freeek.net's material is subject to change at any time deemed appropriate by Search-Freeek.net and Publisher agrees to comply with all reasonable guidelines for usage of Search-Freeek.net Trademarks that may be provided by Search-Freeek.net from time to time. Expiration of the Term or any other termination of this Agreement will immediately nullify and void all license privileges granted to Publisher by Search-Freeek.net. Publisher hereby grants to Search-Freeek.net a non-exclusive, royalty-free license to use and display Publisher's trademarks, service marks and logos during the Term of this Agreement. Expiration of the Term or any other termination of this Agreement will immediately nullify and void all license privileges granted to Search-Freeek.net by Publisher. 




Search and Click Standards
Publisher may not in any way “beg” or incentivize searches or clicks, use incentive techniques to drive traffic to the Publisher's site, nor may the Publisher modify the Search Materials. Loading of search results through inframes is expressly forbidden especially while using a third party page or passing the results from another domain to accomplish this. Publisher may not cache search results. Clicks generated from cached search results will not be paid for unless caching has been pre-approved by Search-Freeek.net. Clicks without a referral url may not be counted or paid for. Deductions to Publisher payments may be made if it is determined by Search-Freeek.net that traffic sent by Publisher is fraudulent, incentivized or generally of very low quality. Search-Freeek.net does not guarantee its bid prices as they are dynamic and keep changing from time to time. Publishers suspected of cheating or in breach of any clause of the Agreement will have their account terminated without notification, notice or warning. It is the Publisher's responsibility to inquire about further information regarding his/her account from Search-Freeek.net's billing department if payment is not received by Publisher when it is due. Search-Freeek.net reserves the right to limit or annul Publisher's access to premium advertisers with higher bids. By having been approved by Search-Freeek.net, Publishers may build a search portal containing at least 100 keywords in at least 8 topics(categories) and a search box. Publishers cannot try and defraud the system by changing IP addresses or using any kind of click software. The use of open proxies is strictly prohibited. Publishers found using proxies will immediately lose their account. Failure to comply with the ‘Search and Click Standards' may result in termination of Publisher's participation in the Search-Freeek.net Program and in the forfeiture of all monies owed to Publisher by Search-Freeek.net. 




Disclaimers
Search-Freeek.net DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Search-Freeek MAKES NO WARRANTIES WITH RESPECT TO ITS SERVICES. 




Liability Limitation
Search-Freeek WILL IN NO EVENT BE LIABLE TO Publisher FOR (I) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM SUCH PARTY S PERFORMANCE OR NON-PERFORMANCE UNDER ANY PROVISION OF THIS AGREEMENT OR THE PROVISION OF SUCH PARTY'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE BY Search-Freeek TO Publisher DURING THE TERM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT Publisher'S LIABILITY TO Search-Freeek FOR WILLFUL AND MALICIOUS MISCONDUCT, BREACH OF CONFIDENTIALITY OBLIGATIONS, OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. 




Representation and warranties
Publisher party represents and warrants that: (i) it has power and authority to enter into this Agreement and to carry out its provisions; (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations; and (iii) this Agreement is valid and legally binding upon it and the execution, delivery and performance of this Agreement by such party does not conflict with any other agreement, instrument or understanding to which it is a party or by which it may be bound nor would violate any law or regulation of any court, governmental body or agency having jurisdiction over it. Publisher hereby represents, warrants and covenants to Search-Freeek.net that (i) it will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting, or any other form of "spamming" as a means of promoting its Web site or for the purpose of directing or referring users to any Web sites owned, operated or controlled by Search-Freeek.net; (ii) that Publisher will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate the Search-Freeek.net Materials in any manner that violates the terms and conditions of this Agreement; (iii) that Publisher will not use, promote, or display any method of masking electronic identity on the Internet, serial numbers, cracks and hacks, Warez, any program cheats, or any similar application or information relating to such application; (iv) that Publisher will not, directly or indirectly, place any Search-Freeek.net Materials on any page that contains, or is accessible by any hyperlinks maintained or created on Publisher's Web site: (a) any material which constitutes, or could be construed, as being abusing to animals, (b) any material which entices or promotes hate or violence against any particular race, nationality, religion or lifestyle, (c) any material that is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity; or (d) any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or (e) any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may detriment or have an adverse effect on any computer equipment, loss or corruption of data or programs, or inconvenience to any person, agency or entity. 




Assignment
Publisher may not assign this Agreement, in part or in whole, by operation of law or otherwise without the prior written consent of Search-Freeek.net; provided, however, that Publisher may assign this Agreement to an acquirer of all or of substantially all of such party s equity securities, assets or business relating to the subject matter of this Agreement or to any entity controlled by, controlling or under common control with such party. In the case where an assignment is made by Publisher in violation of this agreement, the assignment shall be null, void and of no effect. However, Search-Freeek.net may assign this Agreement, at its sole discretion. 




Modifications
Search-Freeek.net reserves all rights and may modify the terms of this Agreement without prior notice. Search-Freeek.net will attempt to inform Publisher of modifications to this Agreement by posting an announcement of these changes in the Publisher “Member Area” of its website. Publisher's continued use of Search-Freeek.net materials will constitute an acceptance of the modified agreement. 




Miscellaneous
The term of this Agreement (the "Term") shall commence on the date Publisher agrees to the terms and conditions of this Agreement and shall continue in force for a period of one-year thereafter, unless earlier terminated as provided herein. This Agreement will renew automatically for successive one-year periods until expiration of the commercial usefulness of the Search Results, until either party gives written notice to the other party of its intent not to renew no less than thirty (30) days prior to the end of the previous one-year period, or until terminated.






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