Notice: This Affiliate Service Agreement (the "Agreement") is made by and between COMGROW TECHNOLOGY CO., LIMITED ("COMGROW3D.COM", "Us", "We", "Our") and you, as an Affiliate utilizing the COMGROW3D.COM service ("You", "Your", "Affiliate").
COMGROW3D.COM reserves the right to terminate this agreement and the partnership of any affiliate immediately in our sole discretion if you disobey any of it’s terms and conditions, at the same time, your referral account will be suspended immediately and all of your commission will be eliminated!
The following agreement is summarized as follows:
l You cannot use any methods or techniques for stealing others' referral links or orders of COMGROW Affiliate Program.
l You place our banners anywhere on your site as you see fit, or within non-spam emails.
l You may place banners or links within your newsletters, in content of your website, or within other web-related content.
l Libelous, defamatory, obscene, terrorist, racist, sexually harassing orpornographic, alcohol, tobacco, or gambling/lottery or other related sites are not allowed. Any contents or materials contained or available through your website shall notviolateanycivil or criminal laws, including those regulating the use and distribution of content on the internet.
l All statistics are collected and calculated byCOMGROW3D.COM, and will be the only valid stats used for determining commissions.
l As an affiliate, you can only haveone account and list multiple domains inthisaccount. Self-referrals for affiliate accounts are strictly prohibited.
l You cannot SPAM orsend email to lists or groups that youare not allowed, we WILL terminate your account if this occurs, and no commission or rewards will be paid.
l You cannot employ, use or place any web browser add-ons, toolbars or pop-ups on your website.
l You cannot engineer any website containing a Qualifying Link in such a manner that pulls Internet traffic away fromCOMGROW3D.COM.
l You may not attempt to modify or alter our Site in any way.
l You cannot use our Trademarks in the site page or profile name.
l You cannot use the COMGROW logo as the profile, header or site logo.
l You cannot communicate or act as a representative for COMGROW.
l You cannot use our trademarks, industrial designs, patents or any descriptions, pictures, images, videos beyond the purpose of this agreement without our written consent.
l Without the prior written approval of COMGROW3D.COM,you can not use any Trademark or any Licensed Material in an advertisement that is not created or provided by COMGROW3D.COM in any way that might suggest or imply or mislead or is likely to mislead a visitor to your website into believing thatCOMGROW3D.COM was the creator or sponsor of such advertisement.
l You cannot bid on our Trademarks at any website that provides search engine services and that results in driving traffic to any website, other than our Site, including your website.
l Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN ACCOUNT TERMINATION AND VOIDED COMMISSIONS.
l COMGROW3D.COM will be responsible for all aspects of order processing and fulfillment of orders placed by customers who follow your Qualifying Links to theCOMGROW3D.COM Site in accordance with applicable legal requirements.
l COMGROW3D.COM reserves the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. Through the COMGROW In-House Affiliate Program, you have the ability to review reports summarizing this sales activity.
l To permit accurate tracking, reporting, and fee accrual, you must ensure that your Qualifying Links are properly formatted.COMGROW3D.COM will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not. In addition, we are unable to track or provide credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled.
l COMGROW3D.COM reserves the right to terminate his agreement and the partnership of any affiliate immediately in our sole discretion if you disobey any of its terms and conditions, at the same time, you will get no commission.
EMAIL CONTACT
COMGROW.COM reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any COMGROW.COM related products and services.
CHANGES TO THE AGREEMENT
COMGROW.COM reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time by posting a change notice or a new agreement on our Site. We will also make commercially reasonable efforts to notify you of such changes prior to or upon implementation.It is your responsibility to read the notice and the corresponding changes. Your continued use of the Service after we make changes will constitute your acceptance of such modifications.
PARTICIPATION
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN COMGROW.COM: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.
You shall provide COMGROW.COM with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity.
You agree that COMGROW.COM may rely on any data, notice, instruction or request furnished to COMGROW.COM by You which is reasonably believed by COMGROW.COM to be genuine and to have been sent or presented by a person reasonably believed by COMGROW.COM to be authorized to act on Your behalf. You shall notify COMGROW.COM by e-mail at service@comgrow.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of your account by a third party authorized by You. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by COMGROW.COM and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to COMGROW3D.COM that all content You provide to the Service is solely owned by You or with the express authorization of the company You represent, you promise that all those contents uploaded or provided by you will not infringe upon any rights of any other individual or organization (including, without limitation, intellectual property rights) and will not contain any defamatory, libelous, unlawful or otherwise objectionable information. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes such contents mentioned above.
You represent and warrant toCOMGROW3D.COM that you have all the necessary rights and authority to enter into this Agreement andto fulfill all the obligations in this Agreement,you will comply with all provisions of this Agreement.
As COMGROW3D.COM may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As an Affiliate, You may not artificially inflate traffic counts to COMGROW3D.COM using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on Your own banners and/or links to COMGROW3D.COM.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done with the intention of delivering valid sales, leads, or clicks to COMGROW3D.COM for that Link and shall not misleading to any Visitor.
COMGROW3D.COM RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF COMGROW Affiliate Program. If You are terminated from the Service, COMGROW3D.COM has the right to withhold commission or rewards You earned within the Service.
LIMITED WARRANTY
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.
You indemnify and keep indemnifiedCOMGROW3D.COM and its affiliates,its current and former officers, directors, employees, assignors, successors, parents, subsidiaries, representatives, and assignees, and each of them (collectively, the "Indemnified Parties") against any claims, losses or damage and hold indemnified parties harmless from and against any and all loss, cost, damage, claim, liability, or expense, including reasonable attorney fees and costs, in any way arising from or related to (a)your use of the services. (b) any intellectual property infringement claim or other claim relating to the contents or materials you provided.
MISCELLANEOUS
This Agreement will be governed by and construed in accordance with the laws of Hong Kong, without regard to or application of conflicts of law rules or principles. Any dispute, controversy, or claim shall be resolved through negotiation to the extent possible. In the event the Parties fail to resolve any dispute arising hereunder through negotiation, each party shall submit to the exclusive jurisdiction of the courts of Hong Kong. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
