ZoomInto.com: Affiliate Program Terms

Affiliate Terms

This Agreement contains the terms and conditions pertaining to your participation as an ZoomInto.com Affiliate. In this Agreement, "we" or "our" refers to ZoomInto.com, Inc. and "you" refers to an "Affiliate Member." We will hereafter use "you" and "Affiliate" interchangeably.

By using Affiliate links to refer users to ZoomInto.com, you signify your agreement to these terms and conditions.

I. Linking and Trademark License

Linking License. ZoomInto.com, Inc. hereby grants a non-exclusive, non-transferable license to Affiliate to use the code and/or logo and graphic provided as part of this Agreement for linking to the ZoomInto.com website. Affiliate agrees to place promotional text or graphic links to ZoomInto.com in various places on Affiliate's website.
Trademark License. ZoomInto.com hereby grants to Affiliate a non-exclusive, non-transferable trademark license to place ZoomInto.com's trademark(s), in text or graphic form as provided, on Affiliate's website pages for the purpose of this Agreement. All use of ZoomInto.com's trademarks as permitted in this Agreement shall accrue to the benefit of ZoomInto.com, Inc., and Affiliate shall acquire no right, title or interest in such trademarks other than the license granted herein. ZoomInto.com shall retain sole exclusive rights and quality control over its trademarks, service marks and trade names.

II. Forbidden Actions

Affiliate, and friends or family of Affiliate, shall not under any circumstances, include hyperlinks to the Domains (or sub-domains) in any electronic mail message (including both unsolicited and "opt-in" or permission email), newsgroup, message board, banner network, counter, chat room, guest book, IRC channel or on or through any other similar device or facility.

III. Warranties

Mutual Warranties. Each party represents and warrants to the other party that (i) it has the requisite corporate authority to enter into and perform this Agreement and (ii) its execution and performance under this Agreement shall not breach any agreements or violate any third party's rights and shall not violate any judgment, writ, injunction, or order of any court, arbitrator or governmental agency.

No Other Warranties and Liability Limit . Except as stated in the above Section VI.1, NEITHER PARTY MAKES ANY OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED OR EXPRESS WARRANTIES. NEITHER PARTY IS RELYING ON ANY STATEMENT, PROMISE, REPRESENTATION OR GUARANTEE. NEITHER PARTY SHALL BE LIABLE TO ANYONE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF SUCH PARTY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY'S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY AFTERNIC UNDER THIS AGREEMENT.

IV. Termination and Term

Term. This Agreement shall commence upon the Effective date and continue in effect until terminated by either party in accordance with this Section.

Termination Without Cause. ZoomInto.com may modify or terminate this Agreement without cause upon thirty (30) days prior notice. Such notice may be made by placing notice on ZoomInto.com's website. Affiliate may terminate this Agreement without notice to ZoomInto.com.

V. Relationship

The parties' relationship does not create a partnership, joint venture, agency or employer-employee relationship.

VI. Miscellaneous

This Affiliate Agreement has been made in and shall be construed and enforced in accordance with Massachussetts law. Any action to enforce this agreement shall be brought in the federal or state courts located in Cambridge, MA. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an authorized representative of each party.