Affiliate Agreement

The terms and conditions set out below, form an agreement between you, hereinafter refered to as the "Affiliate", and AntiGravity Research Corporation, hereinafter refered to as "AntiGravity".
 

1. Applying to Join the Program
By filling out and submitting the signup form, the Affiliate is applying to join AntiGravity's affiliate program and agrees to be bound by the terms and conditions of this agreement in the event that the application is approved. AntiGravity reserves the right, in its sole discretion, to approve or reject applications to join the affiliate program.

2. Relationship
Upon approval of an application, AntiGravity appoints the Affiliate as an official member of the AntiGraviy Affiliate Program and the Affiliate accepts this membership and agrees to use its best efforts to advertise the AntiGravity website and/or products. The membership granted herein is non-exclusive and non-transferable. Nothing in this agreement shall construe the Affiliate as a partner, employee or agent of AntiGravity, nor shall either party have any authority to bind the other in any respect, it being intended that each remain an independent contractor, responsible for its own actions.

3. Website Promotion
The Affiliate may use graphic and text links both on its website and in emails. AntiGravity's site may also be advertised "offline" in classified ads, magazines, and newpapers. When promoting AntiGravity's website, the Affiliate agrees to use only the graphics, text and ad copy provided by AntiGravity for this purpose.

4. Prohibitions
The Affiliate is prohibited from the use of spamming techniques, including but not limited to unsolicited mass emails, mass newsgroup postings and mass interest group postings.

The Affiliate will not advertise on websites or in publications containing materials or promoting activities that are illegal, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane or that could give rise to any civil or criminal liability under the law.

The Affiliate shall not make false claims regarding AntiGravity's affiliate program, website or products.

5. Proprietary Rights
The Affiliate acknowledges that AntiGravity is and remains the owner and copyright holder of all graphical and written material that comprises AntiGravity's products and website.

The parties agree that the name and style of "AntiGravity Research Corporation", "Unbelievable Water Rockets", "Sky Lab", "Extreme Sky Lab", "High Altitude Pro Edition", "Extreme Screamer", "2-Stage Ozone Probe", "Extreme 2-Stage" or any combination of these names, or any subsequent names attached to AntiGravity's products and/or website, are the sole exclusive property of AntiGravity. AntiGravity will undertake all such steps, at it deems necessary, to protect its copyrights and trademarks.

6. Affiliate Tracking and Payment
AntiGravity tracks Affiliate referals through the use of cookies and IP address logs. When a user visits AntiGravity's site through an Affiliate's link, a cookie containing the Affiliate's username is set. AntiGravity agrees to set cookies with a duration of one year so that the Affiliate can be rewarded for a given referal's future purchases.

AntiGravity maintains a two-tier commission structure and agrees to pay the Affiliate a commission that is 15% of sales made to referals that come directly from the Affiliate. AntiGravity agrees to pay the Affiliate an additional commission that is 5% of sales made to referals that come from other affiliates refered to the AntiGravity Affiliate Program by the Affiliate.

AntiGravity will not award or pay commissions for sales that fail to complete for any reason. All commissions are in United States dollars. Commissions will be paid by check at the beginning of the month when the balance of commissions owing to the Affiliate, as of the last day of the preceding month, exceeds twenty-five dollars or upon termination of the agreement.

7. Terms of agreement
The terms and conditions of this agreement will take effect upon AntiGravity's approval of an application and communication of this fact to the Affiliate by email. This agreement constitutes the entire agreement between AntiGravity and the Affiliate and may not be changed, ammeded or terminated orally. AntiGravity reserves the right to enter into agreements with other affiliates, giving them non-exclusive and non-transferable memberships in the AntiGravity Affiliate Program. The Affiliate shall not have the right to assign this agreement in whole or in part without the prior written consent of AntiGravity.

8. Termination
This agreement may be terminated at will by either party upon 7 days notice. AntiGravity may terminate the agreement for cause, without notice, for any breach of the terms and conditions of this agreement.

9. Liability
AnitGravity makes no warranty expressed or implied with respect to the affiliate program, the AntiGravity website or the products sold at the website. Any implied warranty of merchantability or fitness for a particular purpose is hereby disclaimed entirely by AntiGravity. AntiGravity makes no claim that the operation of the affiliate program and the website will be error-free and it will not be liable for any interruptions or errors.

AntiGravity shall not be liable for any consequential or incidental damages, injury, loss or expenses arising from the use of or inability to use the affiliate program, the website or the products sold on the website for any purposes whatsoever. Without limiting the foregoing, AntiGravity shall not be liable for any consequential or incidental damages, injury, loss or expenses arising from affiliate tracking failures, loss of files, system or server failures, or any results of "intents of harm" to the affiliate program or AntiGravity's website.

The Affiliate agrees to indemnify, save, and hold AntiGravity free and harmless from all liability to purchasers and/or affiliates (and costs and expenses of defending claims, including attorney’s fees) based on or arising out of representations or warranties made by the Affiliate or Affiliate’s employees or Agents, which have not been set forth in the pertinent product and/or program description published by AntiGravity or otherwise specifically authorized in writing by AntiGravity.

10. Choice of Law; Selection of Forum
This Agreement shall be interpreted according to the laws of the Province of British Columbia (BC), Canada, and any and all actions arising out of or relating to this agreement as may be brought by the Affiliate shall be brought in the City of New Westminster, in the Province of British Columbia, but any and all actions arising out of or relating to this agreement which may be brought by AntiGravity may be brought by AntiGravity either in the City of New Westminster, in the Province of British Columbia, or in any jurisdiction the Affiliate resides in or may be doing business in.

By filling out and submitting the signup form, you acknowledge that you have read and understand the foregoing terms and conditions and agree with them.