Terms & Conditions
FOREWORD
Our affiliates hold significant value in our eyes. With that in mind, we kindly request your conscientious use of the Newor’s Affiliate Program. We've crafted the subsequent affiliate agreement with both your interests and the public's in consideration. We appreciate your patience as we guide you through this necessary legal procedure. Should you have any inquiries, please feel free to inform us.
AFFILIATE AGREEMENT
Kindly Review the Complete Agreement. If needed, you can print this page for your personal records. This document constitutes a legal agreement between you and Newor Media, LLC (NeworMedia.com). Upon submission of the online application, you affirm that you have comprehensively read and grasped the stipulations of this agreement. You further declare your legal commitment to each term and condition outlined herein. As a gentle reminder, affiliate commissions cannot be accrued from referred sites classified as non-profit entities and affiliates may not refer their own websites.
1. Overview
Within this Agreement lies the comprehensive set of terms and conditions governing your affiliation with the Newor Affiliate Program. Newor Media retains the authority to modify these Terms and Conditions at its discretion, at any time. It is essential to acknowledge that throughout this Agreement, the terms "we," "us," and "our" pertain to NeworMedia.com, while "you," "your," and "yours" pertain to the affiliate.
2. Affiliate Obligations
2.1. Initiating the enrollment process involves completing and submitting the online application via FirstPromoter. The automatic approval of applications does not preclude the possibility of reevaluation at a later time. We maintain the right to decline applications at our sole discretion. We may annul your application if we deem a site unsuitable for our program, including if it:
2.1.1. Promotes explicit sexual content.
2.1.2. Advocates violence.
2.1.3. Endorses discrimination based on factors such as race, gender, religion, nationality, disability, age, or sexual orientation.
2.1.4. Supports illicit activities.
2.1.5. Contains materials that infringe on or facilitate infringement of copyrights, trademarks, intellectual property rights, or laws.
2.1.6. Is otherwise deemed unlawful, detrimental, menacing, defamatory, obscene, harassing, or racially and ethnically objectionable by our sole discretion.
2.1.7. Incorporates software downloads that may redirect commissions from fellow affiliates in our program.
2.1.8. Prohibits the creation of websites that explicitly or implicitly mimic our own website's appearance or design, leading customers to believe you represent Newor or any affiliated entity.
2.2. As a participant in the Newor Affiliate Program, you will gain access to a dashboard via FirstPromoter. This dashboard enables you to review the program's particulars and download banner graphics.
2.3. NeworMedia.com retains the right to evaluate your link placement and authorize the use of Your Links, requiring adjustments to align with provided guidelines.
2.4. The responsibility for maintaining and updating your site lies with you. We may monitor your site when necessary to ensure its currency and inform you of changes that could enhance your performance.
2.5. Adherence to all relevant intellectual property and other applicable laws pertaining to your site is entirely your responsibility. Securing explicit permission to use copyrighted materials, whether textual, visual, or otherwise, is imperative. We will not assume responsibility (and the onus rests solely on you) if you employ another person's copyrighted material or intellectual property in contravention of the law or third-party rights.
3. NeworMedia.com Rights and Obligations
3.1. NeworMedia.com maintains the right to promptly and without prior notice terminate this Agreement and your involvement in the Newor Affiliate Program if you engage in fraudulent activities within the program, in your relationship with Newor Media as a monetization partner or misuse its benefits in any manner. Upon the detection of such fraudulent behavior or abuse, Newor Media will not be held accountable for any commissions related to these deceitful transactions.
3.2. This Agreement becomes effective upon submission of your Affiliate application and remains in effect unless terminated, according to the terms outlined herein.
4. Termination
Newor Media holds the authority to terminate this Agreement AT ANY TIME, with or without reason, by delivering written notification to the other party. Written notice can be conveyed through mail, email, or fax. Furthermore, this Agreement will be swiftly concluded upon your violation of its terms.
5. Modification
We reserve the right to make modifications to any of the terms and conditions within this Agreement at our sole discretion. In such circumstances, you will receive notification via email. These modifications might encompass alterations to payment procedures and adjustments to Newor Media’s Affiliate Program regulations. If any modification is unacceptable to you, your sole recourse is to conclude this Agreement. By continuing to participate in Newor’s Affiliate Program subsequent to the posting of a notice detailing the alteration or a new Agreement on our website, you indicate your acceptance of the changes.
6. Payment
Newor Media uses the third party FirstPromoter, for all commission payouts. Payment options are as follows: Paypal, Bank (Australia), Bank (Canada), Bank (UK), Bank (US), Bank (international), Bank (IBAN). All have a minimum payout threshold of $50 and payout terms are net 60 days.
7. Access to Affiliate Account Interface
You will create a password so that you may enter FirstPromoter’s secure affiliate account interface. From their site, you will be able to view a dashboard that will show your rewards summary, payouts summary, clicks, referrals, and more.
8. Promotion Restrictions
8.1. It's essential to be aware that certain advertising methods are categorically disallowed by Newor. For instance, the practice commonly known as "spamming" is not tolerated and can tarnish our reputation. Other forms of advertising that are generally prohibited encompass the utilization of unsolicited commercial email (UCE). Should we become aware of your engagement in spamming, we reserve the right to promptly terminate this Agreement and your participation in the Newor Affiliate Program. Any outstanding balances owed to you will not be disbursed if your account is terminated due to such unacceptable advertising or solicitation practices.
8.2. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Newor’s site (i.e., no page from our site or any NeworMedia.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of the Newor site in IFrames, hidden links and automatic pop ups that open NeworMedia.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. You are hereby granted a non-exclusive, non-transferable, and revocable privilege to: employ our provided assets as identifying materials (collectively referred to as the "Licensed Materials") provided by us or sanctioned for such use. Your right to utilize the Licensed Materials is strictly limited to your active membership within NeworMedia.com's Affiliate Program. It is mutually understood that any utilization of the Licensed Materials will be executed on behalf of NeworMedia.com, and any associated goodwill will solely accrue to the benefit of NeworMedia.com.
9.2. Both parties mutually pledge not to employ the proprietary materials of the other party in any manner that could be deemed derogatory, deceptive, obscene, or otherwise presents the party unfavorably. Each party reserves its full rights to the proprietary materials covered by this license. Besides the specific license bestowed within this Agreement, each party upholds all rights, titles, and interests pertaining to their respective properties, and no transfer of rights, titles, or interests is affected between the parties.
10. Disclaimer
NEWOR MEDIA, LLC. does not provide any explicit or implicit declarations or guarantees concerning the NeworMedia.com service, website, or the products and services offered therein. Any implied warranties of NeworMedia.com's capability, suitability for specific purposes, and non-infringement are explicitly renounced and excluded. Furthermore, we do not assert that the operation of our site will be continuous or free from errors, and we shall not bear responsibility for any repercussions arising from interruptions or errors.
11. Representations and Warranties
11.1. This Agreement has been properly and legitimately executed and delivered by you, establishing your lawful, valid, and binding commitment, enforceable against you as stipulated within its provisions;
11.2. You possess complete authority, capability, and authorization to enter into and uphold the terms and stipulations of this Agreement, and to fulfill your responsibilities as outlined herein, without necessitating the endorsement or agreement of any other party;
12. Limitations of Liability
Our liability to you in relation to any matter encompassed by this Agreement is disclaimed under any contract, negligence, tort, strict liability, or other legal or equitable framework for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, the loss of revenue, goodwill, anticipated profits, or business losses), even when forewarned of the potential for such damages. Additionally, regardless of any opposing provisions within this Agreement, the aggregate liability of NeworMedia.com to you arising from or associated with this Agreement, be it established upon contract, negligence, strict liability, tort, or any other legal or equitable concept, will not exceed the total commission fees remitted to you as stipulated in this Agreement.
13. Indemnification
By accepting this, you hereby commit to indemnifying and safeguarding NeworMedia.com, along with its subsidiaries and affiliated entities, as well as their directors, officers, employees, agents, shareholders, partners, members, and other stakeholders, from any and all claims, suits, demands, responsibilities, losses, damages, verdicts, settlements, expenditures, and costs (including reasonable legal fees) (collectively referred to as "Losses") to the extent that such Losses (or actions arising from them) originate from or are founded upon: (i) any assertion that our utilization of the affiliate trademarks infringes upon the trademark, trade name, service mark, copyright, license, intellectual property, or any other proprietary rights of any third party, (ii) any misrepresentation of a given representation or warranty, or a breach of a covenant and agreement you have made herein, or (iii) any claim associated with your website, encompassing, but not limited to, content not attributed to us.
14. Confidentiality
Each party undertakes to maintain the confidentiality of such proprietary information belonging to the other party and refrain from utilizing or revealing it without the explicit written consent of the disclosing party.
15. Miscellaneous
15.1. Amendment and Waiver: No provision of this Agreement may be altered or waived unless documented in writing and signed by both parties.
15.2. Entire Agreement: This Agreement constitutes the comprehensive understanding between us and you, thus superseding all prior agreements and communications, whether oral or written, between the parties.
15.3. Titles for Convenience: The headings and titles in this Agreement are included for convenience only and do not limit or affect the terms herein.