Gold Striker(GS) Agreement

The followingthe terms of use constitute a legal agreement between you, the visitor of theGolden Link Plus website, and Gold, the service owner (“Gold”, “We, “Us”, “GS”,GS Affiliates or “Gold Striker”) and governs your use of the Gold Service (the“Service”). Please read this Agreement carefully before using or registeringfor the Service. For purpose of this Agreement, by using and registering forthe Service, you agree to the terms and conditions of this agreement. IF YOU DONOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE ORREGISTER FOR THE SERVICE. YOU SHOULD REVIEW THE TERMS FREQUENTLY AS Gold MAYCHANGE THIS AGREEMENT AT ANY TIME BY POSTING A REVISED VERSION. YOUR CONTINUEDUSE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR CONSENT TO THE TERMS OFTHE AGREEMENT INCLUDING UPDATED VERSIONS.

Thiscontract constitutes the rules, terms, and conditions of doing business with GOLDwhich are in place to protect clients/advertisers within our network. Shouldthere be any violation of these terms and conditions of business we reserve theright to suspend or cancel any account and potentially withhold payment.

Allweb sites, newsletters, companies, or individuals need official approval from GOLDbefore they can become an Affiliate or Partner. Only web sites and newslettersthat have been reviewed and approved are permitted to use the programs. GOLDreserves the right to withhold or refuse approval on any web site, newsletter,company, or individual for any reason, whatsoever. ---Our website has not beendesigned to perform these functions---

Inorder to be eligible for Affiliate or Partner approval, all web sites andnewsletters must meet the following criteria:

  • Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers
  • Be written in English and contain only English language content
  • Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
  • Be fully functional at all levels; no "under construction" sites or sections
  • Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates
  • The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to:
    • Explicit, vulgar or obscene language
    • Posting or referencing of sexually explicit images or other offensive content
    • Promotion of adult services, such as phone sex or escort services
    • The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights
    • Racial, ethnic, political, hate-mongering or otherwise objectionable content
    • Investment, money-making opportunities or advice not permitted under law
    • Gratuitous violence or profanity
    • Material that defames, abuses, or threatens physical harm to others or to you
    • Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
    • Software Pirating (e.g., Warez, Hotline)
    • Any illegal activity whatsoever
    • Any questionable or controversial subject matter
    • Any spoofing, redirecting, or trafficking from adult-related web sites in an effort to gain traffic
  • You cannot place our advertisements into your framed environment, unless approved by GOLD. Here in writing.
  • Your web site and/or newsletter cannot be 'point, lottery, or rewards' based encouraging users to click on our Advertisers' banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from GOLD

Ifyou fraudulently add leads or clicks or inflate leads or clicks by fraudulenttraffic generation (as determined solely by GOLD, such as pre-population offorms or mechanisms not approved by GOLD), you will forfeit your entirecommission for all programs and your account will be terminated. GOLD reservessole judgment in determining fraud and you agree to this clause.

Itis the OBLIGATION of the Affiliate or Partner to prove to GOLD that they areNOT committing fraud. GOLD will hold your payment in 'Pending Status' until youhave satisfactorily provided evidence that you are not defrauding the system.We flag accounts that:

  • Have click-through rates that are much higher than industry averages and where solid justification is not evident
  • Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported
  • Have shown fraudulent leads as determined by our clients
  • Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs

Fillingout this form constitutes an agreement between GOLD and the Affiliate orPartner. The commission payment that is generated to the Affiliate or Partnervaries per registered subscriber to the programs offered and/or per clicks.This commission payment is made approximately 15 days after the end of themonth. GOLD does not guarantee payment to the Affiliate or Partner if theAdvertiser does not pay GOLD.

Commissionpayment totals must exceed $50.00, otherwise this payment will not be madeuntil the $50.00 minimum is reached. International Affiliates (outside of theUnited States) agree to a minimum $50.00 to be reached.

Affiliateor Partner agrees not to carry objectionable materials on their web site whichwould revoke their affiliation as determined by GOLD. An Affiliate or Partnerwill only run approved banners and text in their advertising of our programsand will NOT create their own banners or advertising text, unless expresslyapproved in writing from GOLD. Violation of this forfeits your commissions. AnAffiliate or Partner WILL NOT spam or send unsolicited email mentioning orpromoting the Affiliate or Partner programs. Any violation of this will resultin the Affiliate or Partner being liable for damages per email sent and otherdamages as deemed by a court of law.

Editingof an Advertiser's program images or copy is strictly prohibited. An Affiliateor Partner will only use approved banners and text to link to an Advertiser'ssign-up pages. An Affiliate or Partner will not mislead people to make it seemthat they are signing up for an offer that is offered by the Affiliate or Partnersite. An Affiliate or Partner can ONLY use banners and approved text, any otheruse of link and sign-up processes will result in the loss of all sign ups/leadsaccrued for the Affiliate or Partner.

Affiliateagrees to use only allowed promotion channels as stated in each campaign.Special instructions including but not limited to search restrictions andpromotion requirements may be included in a campaign description. Any violationof the above may result in termination from the campaign and/or network andloss of bounties.

Asan affiliate of GOLD you agree to all terms and conditions of CAN-SPAM 2003 andany state or local mini-can-spam laws. You acknowledge that should you fail tocomply with these laws, GOLD will surrender your information to any authoritiesor to satisfy any litigation that may arise from the actions of your company,its affiliates, employees or officers.

GOLDreserves the right to terminate any Affiliate's or Partner's contract for anyreason whatsoever. Termination notice will be provided via e-mail and will beeffective immediately. All legitimate moneys due to an Affiliate or Partnerwill be paid during the next billing cycle. If an Affiliate or Partner defraudsthe system, then payment is revoked as determined solely by GOLD.

Youguarantee that all content, products, and services on your web site are legalto distribute and that you own or have the legal right to use any and allcopyrighted material.

AnAffiliate or Partner irrevocably covenants, promises and agrees to indemnify GOLDand to hold GOLD harmless from and against any and all losses, claims,expenses, suits, damages, costs, demands or liabilities, arising from any andall claims and lawsuits for copyright, slander, libel, and trademark violationas well as all other claims resulting from member's web pages.

COMPLIANCE POLICY

  1. GOLD may at any time designate a Compliance Auditor. The designated Compliance Auditor may request data from an affiliate or network to perform routine compliance review or audit at the discretion of GOLD. Such requests may be made via email or on company letter head and are required to be complied with.
    1. Opt-In requests must be returned within 2 business days from date of request. Failure to provide op-in data may result in automatic forfeit of all bounties for campaign the request is being made for and could result in immediate termination from the network.
  2. If any Affiliate or Partner violates or refuses to take part in their responsibilities, or commits fraudulent activity against us or our advertisers, GOLD reserves the right to withhold payment and take appropriate legal action to cover its damages.
  3. Invalidations are calculated at the end of each month and a report sent to the affiliate and/or network. GOLD will not negotiate invalidations based on the affiliate and/or networks own internal payout policies. Invalidations include but are not limited to:
    1. Duplicate orders/leads
    2. Fraudulent orders/leads
    3. Automated Orders/leads
    4. Declined Orders/leads
  4. All affiliates and Networks are required to obtain approval from GOLD prior to modifying any subject or from lines on any campaign. Any affiliate or network found to modify any campaign details without confirmed permission from GOLD will be blocked from the campaign, forfeit all bounties due and possibly terminated from the network.
  5. Suppression lists for email campaigns must be downloaded every 10 days and all email data be scrubbed against the suppression list prior to emailing any campaign.
    1. Any affiliate suspected of mailing to a Suppression List will be suspended and all bounties withheld until a full review by GOLD is made. If the affiliate is found to be in violation their account will be immediately terminated and forfeit bounties earned for the month.
    2. Any affiliate found emailing a campaign without scrubbing their data against an updated suppression list may be suspended from the campaign with the potential of forfeited bounties earned on the specific campaign for all activity made after the suppression list download violation.
  6. Any affiliate found using Forged Headers may be immediately terminated from the network with the potential of forfeited bounties earned for the month.
  7. Any affiliate found to be using phishing or data scraping may be immediately terminated from the network with the potential of forfeited bounties earned for the month.
  8. Any legal action taken by an advertiser, agency, client, person, or entity against GOLD for actions of you, and/or your affiliates, (the affiliate or partner) that violate the network terms and conditions, you accept that GOLD will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that GOLD is not liable for your actions, and you will bear all costs (legal or otherwise) that GOLD incurs if GOLD is sued by advertiser, client, agency, person, or entity.
  9. GOLD reserves the right to change any conditions of this contract at any time.

GOLD gives no warranty, express or implied, for any and allservices and products provided, including, but not limited to, warranty of merchantabilityand warranty of fitness for a particular purpose. This statement expresslyincludes any reimbursement for losses of income due to disruption of service byGOLD or its upstream providers.

You agree to settle any dispute under this agreement underthe laws of the Commonwealth of California. Any litigation arising under thisAgreement will be brought in the federal or state courts of SouthernCalifornia.

If any provision of this agreement shall be held or madeinvalid or unenforceable by a court decision, statute, rule or otherwise, theremaining provisions of this agreement shall not be affected thereby.