Search.Partners Terms And Conditions
  1. Overview
  2. The following agreement contains all terms and conditions applicable to all partners/members of the Search.Partners Affiliate Program and all other users of Search.Partners’s website and services. Throughout this agreement, the words "we," "us," and "our" will refer to Search.Partners, and "you," "your," and "yours" will refer to any and all users of the Search.Partners website and services.

  1. Partner obligations
  2. 2.1. To begin availing of Search.Partners’s services, prospective partners/members are first required to fill up and submit the application from provided on the Search.Partners website. Although most applications are auto-approved, we reserve the right to re-evaluate any and all applications at a later date. Based on–but not limited to–this evaluation, we may opt to reject your application at our discretion. Your application may be denied if we feel that your site:

    2.1.1. Contains sexually explicit materials

    2.1.2. Promotes violent acts

    2.1.3. Supports, promotes, or encourages discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

    2.1.4. Promotes or encourages illegal activities

    2.1.5. Violates or infringes copyright, trademark, or other intellectual property rights and/or laws, contains materials that violate or infringe on these laws, assist others in violating and infringing on these laws, or provide the means by which these laws may be violated or infringed.

    2.1.6. Includes the word “Search.Partners” or any variations or misspellings of the word “Search.Partners” in its domain name.

    2.1.7. Conforms to our definition of unlawful, harmful, threatening, defamatory, obscene, harassing, or objectionable in any way.

    2.1.8. Is created or designed in a manner similar to ours, whether intentional or unintentional, if the appearance could reasonably be expected to result in your site being mistaken for the Search.Partners website.

    2.2. Search.Partners reserves the right to review your placement and use of our search form at any time, and to request you to change the placement or use of our search form in compliance with our standards and guidelines.

    2.3. The responsibility for maintaining and updating your site will solely be yours. We reserve the right to monitor your site from time to time, and provide you with guidelines as to how your site’s performance could be improved.

    2.4. Conforming to any and all intellectual property laws pertaining to your site will be your sole responsibility. We will not be responsible for any legal or other action arising from your use of copyrighted material or other infringements of intellectual property laws.

  1. Search.Partners Rights and Obligations
  2. 3.1. We reserve the right to monitor your site at our discretion for the purpose of determining your conformance to the terms and conditions outlined in this document. We may also request that you make appropriate changes to your site with regard to design, usage, and linking if we feel that it will be in yours’ and our best interests to do so. If you opt not to comply with our request, we reserve the right to terminate your membership in the Search.Partners Affiliate Program.

    3.2. We reserve the right to terminate your participation in the Search.Partners Affiliate Program without notice if we deem you guilty of committing fraud or abusing the Search.Partners Affiliate Program in any way. In the event of fraud or abuse of this program, we will not be liable for any compensation related to these actions.

    3.3. Membership in the Search.Partners Affiliate Program begins upon our approval of your membership, and will continue until it is terminated according to these terms and conditions.

  1. Termination
  2. Termination of the contract may be effected by Search.Partners and any of its partners/members for any reason, at any time. Willful termination of the contract should be signified in writing via email, fax, or mail. Any violation or breach of the terms and conditions outlined in this document will result in automatic termination of the contract.

  1. Modification
  2. The terms and conditions outlined in this document may be revised, edited, augmented, or omitted at any time, and at our discretion. Partners/members of the Search.Partners Affiliate Program are requested to read this agreement from time to time in order to remain updated on any changes. Continued participation in the Search.Partners Affiliate Program after changes have been made to this agreement will be considered as signifying the approval of the changes by the partners/members in question.

  1. Promotion
  2. 6.1. Although partners/members are free to promote their website as they see fit, any and all promotions that involve or mention Search.Partners implicitly or explicitly should be done in accordance with our promotional terms and conditions. In particular, we at Search.Partners require our partners/members to abstain from all forms of spamming, including mass forum posting, email flooding, or any other form of intrusive advertising. We also require our partners/members to abstain from promoting their sites and services via unsolicited commercial emails, postings to non-commercial forums, and cross-posting to multiple forums, whether or not the “Search.Partners” name is mentioned implicitly or explicitly. Any violations of this condition will be considered grounds for the immediate termination of the contract, and any pending balances will not be paid to the partners/members by Search.Partners.

  1. Disclaimer
  2. Search.Partners makes no claims or representations of warranties regarding our services or the use of our website, whether implicitly or explicitly. Furthermore, we make no claims or representations that the Search.Partners website will be free from downtime or errors. Search.Partners will not be liable for any consequences arising from interruptions or errors pertaining to our site or services.

  1. Representations and Warranties
  2. Partners/members of the Search.Partners Affiliate Program represent and warrant that:

    8.1. This agreement has been duly and validly executed and delivered by the partner/member, and constitutes a legal, valid, and binding obligation to conform to the terms and conditions outline herein;

    8.2. That they have all the necessary rights, powers, and authority to enter into this agreement and to be bound by its terms and conditions;

    8.3 That they will perform their obligations under the terms and conditions of this agreement, without any third party approval or consent.

  1. Limitations of Liability
  2. Search.Partners will not be liable for any indirect, incidental, consequential, special or exemplary damages arising from negligence, tort, strict liability or other legal or equitable theory, including loss of revenue, potential profits, or lost business. Under no circumstances will Search.Partners’s liability to partners/members exceed the total fees payable to partners/members.

  1. Indemnification
  2. Partners/members hereby agree to indemnify and hold harmless Search.Partners, its subsidiaries and affiliates, and Search.Partners directors, officers, employees, agents, shareholders, partners, members, and other owners (henceforth referred to as “Search.Partners and parties”), from any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys' fees (henceforth referred to as “losses”) arising from or based on claims that Search.Partners’s use of the partner’s/member’s trademarks, infringements on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party. Partners/members also agree to indemnify and hold free Search.Partners and parties from any misrepresentation of a representation, warranty, or breach of agreement made by the partner/member, or any claim related to the partner’s/member’s site, including, without limitation, content that is not attributable to Search.Partners.

  1. Confidentiality
  2. All information deemed “confidential”, which includes–but is not limited to–business, technical, financial, and customer information, disclosed by one party to another for any reason will remain the sole property of the disclosing party. Furthermore, each party will keep such information in confidence, and agree not use or disclose such information without the express written consent or permission of the disclosing party.

  1. Miscellaneous
  2. 15.1. Partners/members agree that they are independent contractors, and nothing in this agreement effectively creates any type of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the partners/members and Search.Partners, other than that which is outlined in this agreement. Partners/members will have no authority to make or accept any offers or representations on behalf of Search.Partners. Partners/members will also not make any statement–whether on their website or any other website–that would contradict anything in this Section.

    15.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all–or substantially all–of the business or assets of a third party.

    15.3. Partners/members may not amend or waive any provision of this agreement unless first agreed upon in writing and signed by both parties.

    15.5. This document represents the entire agreement between Search.Partners and partners/members, and shall supersede all prior agreements and communications, oral or written.

    15.6. The headings and titles contained in this document are included for convenience only, and shall not limit or otherwise affect the terms of this agreement.

    15.7. If any provision of this document is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary, such that the intent of the parties is effectuated. In such cases, the remainder of this agreement shall remain in force and in effect.

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