AFFILIATE AGREEMENT
TERMS & CONDITIONS

You must agree to the terms of our affiliate program before signing up. Please read and indicate your agreement by clicking the link below. This agreement describes the entire terms and conditions for participation in the ProFlightSimulator Affiliate Program.

In this agreement, the term “Affiliate” refers to you (the applicant); we or our refers to ProFlightSimulator.com.

The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don't have to email you later on to tell you to stop doing something because you didn't realize it wasn't allowed. That wastes our time but it also wastes your time.

The ProFlightSimulator Affiliate Program is administered entirely through the third party affiliate management company, Click2Sell (www.Click2Sell.eu).

MAIN POINTS:

  • Affiliates must not send unsolicited emails and must comply with CAN-SPAM. Any affiliate found to be spamming will be suspended from the program and commissions forfeited.

  • Affiliates must not publish or link to our site from adult, gambling or offensive websites.

  • Affiliates must abide by Click2Sell's terms of use, available at http://www.click2sell.org/public/terms-of-use/affiliate-agreement.html

  • Affiliates must not promote ProFlightSimulator on any sites with inappropriate content.

  • Affiliate is deemed to have accepted the terms of this Agreement by creating an account that enables Affiliate to participate in the Affiliate Program.

Terms and Conditions

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

ProFlightSimulator has a zero tolerance policy towards spam and any Affiliate associated with spam. If ProFlightSimulator establishes, at ProFlightSimulator's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, ProFlightSimulator may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. ProFlightSimulator is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.

Affiliate agrees to receive email or other electronic communications from ProFlightSimulator including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that ProFlightSimulator provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

ProFlightSimulator accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate's email address is not blocked or impaired in any way, including by Affiliate ensuring 'white-listing' of Affiliate's email address.

Affiliate Link

Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. ProFlightSimulator is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.

Guarantees, Liability and Disclaimers

  • Warranties: While ProFlightSimulator endeavours to ensure that the content of the ProFlightSimulator website is free from errors, ProFlightSimulator does not give any warranty or other assurance as to the content of material appearing on the ProFlightSimulator website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, ProFlightSimulator provides the ProFlightSimulator website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

  • No guarantee regarding income: ProFlightSimulator makes no guarantee of any kind regarding the potential income that can be generated through Affiliate's participation in the Affiliate Program.

  • Availability: Affiliate's use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, ProFlightSimulator and ProFlightSimulator's service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. ProFlightSimulator will not be liable to Affiliate should the ProFlightSimulator website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

Indemnification

Affiliate's use of the ProFlightSimulator website and its content is voluntary. Affiliate shall indemnify ProFlightSimulator and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate's use of the ProFlightSimulator website and content or Affiliate's failure to maintain the confidentiality or security of Affiliates password or access rights.

Advertisements:

ProFlightSimulator does not necessarily endorse or recommend any of the goods or services advertised on or through the ProFlightSimulator website. ProFlightSimulator does not necessarily endorse or recommend any affiliates using our services.

Third party websites:

The ProFlightSimulator website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under ProFlightSimulator's control and ProFlightSimulator is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. ProFlightSimulator will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

Confidentiality:

Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.

Entire Agreement:

This Agreement is the complete and exclusive agreement between the ProFlightSimulator and Affiliate in relation to the Affiliate Program (but not in relation to the Click2Sell Affiliate Network, for which Affiliate and Click2Sell have obligations to each other independently of ProFlightSimulator) and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.

Other rights reserved: All rights not expressly granted in this Agreement are reserved by ProFlightSimulator.

 

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