iPhotoMEASURE - The Contractors Photo Measuring Tool

As an affiliate partner, you may place our approved banners, text links or RSS Feeds on your site and earn up to $50 for each paid sale that originates due to a click through from your site.

We can create custom banners and text links which allow you to direct visitors to appropriate landing pages on our site.

Summary

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See our Affiliate Agreement(below) for details and Join Our Affiliate Program.
Affiliate Agreement
Version 2 - March 15, 2008

By signing up as an affiliate with iPhotoMEASURE, you agree to the following Terms of Service. This agreement is by and between iPhotoMEASURE and/or their assigns and all subscribers. Unless the context requires otherwise, iPhotoMEASURE. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

You understand that iPhotoMEASURE and/or their assignees do not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold iPhotoMEASURE harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which iPhotoMEASURE and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.

B. Termination. We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) promote iPhotoMEASURE in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE iPhotoMEASURE , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion..

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation. This agreement ("Agreement"), between you and iPhotoMEASURE. ("iPM"), covers your participation in an open-term promotion (the "Affiliate Network") of iPM on your Web site in exchange for payment based on the terms and conditions set forth below. iPM will make available to participants in the Affiliate Network graphical image files and HTML code promoting the iPhotoMEASURE Web site (individually an "Image").

This Agreement will commence on the date your application to join the Affiliate Network is accepted by iPM, and will continue unless terminated by one of us. Please note that we will reject any Web site that does not feature customer-friendly Web site navigation, contains content (including pornographic or hateful content) that we, in our sole discretion, determine does not meet acceptable commercial or aesthetic standards. Immediately thereafter, you may create a hyperlink to our site using one of our approved images and HTML code on your Web site. You must use the HTML code and images as provided or click through information will not be recorded. Placement of the Image on your home or default page will be at your sole discretion. iPM reserves the right to terminate the Agreement immediately if your site substantially changes after our approval date of this Agreement.

iPM will furnish, through 1ShoppingCart, click throughs and the number of paid Sales due to visitors originating from your Web site. Statistics are provided real-time. You will be paid in United States Dollars a 1st level of up to ($50) commission for each Sale and a 2nd level of up to ($25) commission for each sale, which originates from your Web site. You will receive commissions on all paid Sales that occur within one hundred twenty (360) days following the first click through from your site. Payment shall be made within fifteen (15) days of the end of each month for each Sale during such month. Sales resulting in non-payment (Charge backs) will be excluded from Commissions. Commissions are paid when balances exceed $125.00. Unpaid commission balances roll into the following month. Payments will be made by a Company check delivered by the US Postal Service or PayPal. a) All information relating to the calculation of the monthly amounts paid to you, including but not limited to the number of Ads, shall be considered proprietary information of iPM, and shall be held in strictest confidence by you and will not, without the prior written consent of iPM, be disclosed by you to any other person, in any manner whatsoever, in whole or in part, and will not be used by you directly or indirectly for any purpose other than confirming the accuracy of the calculation referred to above.

iPM hereby grants to you a non-exclusive right to (i) establish a hypertext link to the iPM Web site, and (ii) use, in connection with establishing that link, each Image (including all copyrighted, trade or service marked or other protected intellectual property contained therein) for the purposes described in this Agreement; provided, that you will not add, subtract or in any way alter or edit any Image (including, for this purpose, any machine-readable code which may be a part of any Image), nor will you make any use whatsoever of any Image or any other element of iPM's intellectual property (including but not limited to iPM's name, whether used in a URL, a metatag or otherwise) other than for the purposes of, and as contemplated by, this Agreement or as may otherwise be specified by iPM in writing. By accepting membership in the Affiliate Network, you agree specifically to refrain from (i) originating, authorizing, or participating in any promotions, whether by e-mail, telephone or otherwise, of iPM (including but not limited to "spamming"), and (ii) issuing any press release mentioning iPM, unless such promotions have been specifically approved in writing by iPM.

This Agreement is the sole and complete Agreement covering the subject matter hereof and may only be amended in writing signed by both parties, except in the case of transfer as described below. This Agreement is made in accordance with and governed by the laws of the State of California. Any provision of this Agreement deemed unenforceable by a competent court of jurisdiction may be deleted, leaving the remainder of the Agreement operable and in effect. In the event of a dispute, the parties shall first seek mediation, and if the parties still seek to litigate the issue, then the prevailing party may recover the attorneys' fees and related litigation expenses (expert fees, etc.). This Agreement is nontransferable, except in the event of a sale of all or substantially all of the assets or stock of the transferring party as part of an acquisition or merger, including any reorganization or re-incorporation.

Each party hereto agrees to indemnify and hold harmless the other party and each of its agents, officers, directors, and employees against all liability to third parties resulting from the acts, or failures to act, of such indemnifying party, or any acts of its customers or users. In no event shall either party hereto be liable for payment of consequential damages resulting from the default in performance of their respective obligations pursuant to this Agreement. NO WARRANTIES ARE MADE BY EITHER OF THE PARTIES HERETO AS TO THE SERVICES OR TECHNOLOGY DESCRIBED IN THIS AGREEMENT AND EACH PARTY HERETO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AS IT RELATES TO THE TECHNOLOGY AND SERVICES PROVIDED PURSUANT TO THIS AGREEMENT.

Join Our Affiliate Program