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AFFILIATE AGREEMENT

Please read the entire agreement.

You may print this page for your records.

This is a legal agreement between you and Awesome Maps GmbH.

By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.

Overview

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Awesome Maps GmbH Affiliate Program. The purpose of this Agreement is to allow affiliates to market and sell the products and services featured in the specific affiliate program that the affiliate applies.  This may or may not include HTML linking between your web site and the Awesome Maps GmbH brands web sites. Please note that throughout this Agreement, "we," "us," and "our" refer to Awesome Maps GmbH and its brands, and "you," "your," and "yours" refer to the affiliate.

Affiliate Obligations

2.1. Complete the application and submit through our affiliate website at GoAffPro. While we may auto-approve applications we reserve the right to re-evaluate your application at any time and reject it at our sole discretion.  Some but not all of the reasons we may cancel your participation are if you are:

2.1.1. Promoting sexually explicit materials 

2.1.2. Promoting violence 

2.1.3. Promoting discrimination

2.1.4. Promoting illegal activities 

2.1.5. Infringing directly or indirectly any copyright, trademark or other intellectual property rights or to violate the law 

2.1.6. Including “Awesome Maps”, any of our brands, or variations or misspellings thereof in its domain name 

2.1.7. In any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 

2.1.8. Using software downloads that potentially enable diversions of commission from other affiliates in our program. 

2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Awesome Maps GmbH or any other affiliated brand or business.

2.2. As a member of one or many of Awesome Maps GmbH Affiliate Programs, you will have access to an Affiliate Control Panel where you will be able to review our Program’s details, download or copy-paste HTML code (that provides links to web pages within the Awesome Maps GmbH web sites), banner creatives and browse and get tracking codes for our coupons and deals if applicable. Such materials may also be delivered through alternate means like emails or personal messages. You must be sure to follow procedure to ensure everything is correctly and duly tracked as is expected.

2.3. We reserve the right, at any time, to review your usage of our links and HTMLs and ask you to remove or replace.

2.4. You must provide maintenance to your sites, posts and every digital activity you engage in. We may monitor your activities as we feel necessary to make sure that they comply and are up-to-date and we may notify you of any changes that we feel should be made.

2.5. Your site and activity must abide by every intellectual property and copyright law, local and international, at every time. You must have express permission to use any person's copyrighted material. If you use another person or party’s copyrighted material it will be your responsibility only and not ours in any instance or manner.

Awesome Maps GmbH Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we deem useful or necessary. If you do not make the changes to your site that we feel are useful or necessary, we reserve the right to terminate your participation in the Awesome Maps GmbH Affiliate Program.

3.2. If you commit fraud or if you commit any abuse to our company or brands we will terminate this agreement and your participation immediately without need of prior notice. If such fraud or abuse is detected, Awesome Maps GmbH shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

Termination

Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. If any modification is unacceptable to you, your only option is to end this Agreement and by continuing participating in our Affiliate Program after such changes you are agreeing to such changes.

Payment

Awesome Maps GmbH will use different third party applications and services to handle all of the tracking and payments. Payments are made by providing us with an invoice and will be done monthly or quarterly.

Access to Affiliate Account Interface

You will create a password so that you may enter GoAffPro’s secure affiliate account interface or whichever other affiliate application or service we are using at the time. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

Promotion Restrictions

8.1. You are free to promote your own web sites, but must refrain to advertise or promote mentioning Awesome Maps GmbH brands without written approval by us. You should refrain at all times from: “spamming”, using unsolicited commercial email (UCE), posting to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Awesome Maps GmbH so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Awesome Maps GmbH so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Awesome Maps GmbH. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Awesome Maps GmbH Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. You may not earn using Pay-Per-Click activities from our company or brands. You must always redirect to your assets and then redirect to us. If you do you will be held in violation of our trademark usage agreement and will be removed from the program without the need for prior notice and on the first occurrence.  

8.3. You may not use any “Parasiteware™” or “Parasitic Marketing” in any means during the process of marketing and selling any of our brands, including but not exclusive to: (a) through accidental or direct intent causing 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) intercepting 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) setting commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Awesome Maps GmbH’s site; (d) targeting text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removing, replacing or blocking 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.

Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Awesome Maps GmbH’s Affiliate Programs. You agree that all uses of the Licensed Materials will be on behalf of Awesome Maps GmbH and the good will associated therewith will inure to the sole benefit of Awesome Maps GmbH.

9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

Disclaimer

Our site and services are by no means free of technical or human errors. Such errors may happen and Awesome Maps GmbH and its brands will be exempted by you of any complications or inconveniences that you may encounter for such errors.

Representations and Warranties

You represent and warrant that:

11.1. 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;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

Limitations of Liability

We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Awesome Maps GmbH cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

Indemnification

You hereby agree to indemnify and hold harmless Awesome Maps GmbH, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Awesome Maps GmbH or any of its brands. You are given no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site and activities that reasonably 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. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Niederbarnimstrasse, 12, Berlin, BE, 10247, Germany.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

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

15.7. If any provision of this Agreement 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, and the remainder of this agreement shall have full force and effect.