New Era Mediaworks Affiliate Agreement

This is a commercial transaction agreement between you ("Affiliate") and New Era Mediaworks for the purpose of rewarding you with payment of a Commission for referring paying customers to our merchant partners.

To Join

To join, you must submit an on-line application and agree to the terms of this Agreement.

Promotion

You agree to promote our merchant partners of your choice by whatever methods you wish, including, but not limited to, placing banners on your web site, promoting our merchant partners in your newsletters, and writing articles promoting our merchant partners. You agree not to use spamming methods (such as unsolicited bulk e-mailing or instant messaging) of any kind.

Right to Terminate

We reserve the right to terminate our Agreement with you if we deem now or in the future that:

  1. you're engaging in little or no promotional activity for the benefit of New Era Mediaworks or our partners; or
  2. you're engaging in mass unsolicited e-mailings or similar SPAM tactics; or
  3. you're encouraging account cloning - encouraging existing site members to close their account and reopen a new one using your affiliate ID for the sole purpose of garnering you a commission; or
  4. you've engaged in any deceptive practices including, but not limited to:
    • creating a web site with a misspelling of a partner site to collect traffic
    • creating deceptive links
  5. over 5% of you're referrals are fraudulent; or
  6. you're referrals' purchases charge-back rate exceeds 5%; or
  7. you've reported us (marked us) as a spammer causing e-mails from us to you to be blocked; or
  8. your site or promotional materials is inappropriate for our audience which may include, but is not limited to, materials which:
    • Promote violence; or
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
    • Promote illegal activities; or
    • Violate intellectual property rights; or
    • is deemed inappropriate by us.

Commission Structure

Commission payments to you are based on your referrals purchasing memberships. We record your referrals via your Affiliate ID passed by your WEB link, E-mail link, or entered as a promo ID on our sign-up form.

If any commisionable sale is reversed due to fraud or charge-back, the commission shall be reversed and $25.00 per reversed payment shall be deducted from your current or future commissions.

Commissions vary per merchant partner and actual commissions are listed elsewhere on this site: https://cash.neweramediaworks.com/affiliate/sites.asp.

Payment Schedule

Payments, if any, will be sent to the entity named on the Affiliate application, on or about the last day of the month for all sales recorded through the last day of the prior month until such time as this Agreement has ended. Payments are made to affiliates via PayPal. Affiliates must have a PayPal account with the ability to receive payments from the United States to receive affiliate payments.

Payments shall be in US dollars and may be less any taxes required to be withheld under applicable law. Payments are made according to our Affiliate Report, which numbers are final and may not be disputed. Personal member information is kept in the strictest confidence and will not be included in the Affiliate Report. Affiliate reports will, however, include the merchant partner site ID, member ID, transaction date, transaction ID, and amount.

Authority

Nothing in this agreement will serve to grant you any authority to act on our behalf. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between us.

Site Interruptions

Although we and our merchant partners make reasonable efforts not to have any interruptions to our site, such incidents do happen. Therefore, you agree not to hold us, nor our merchant partners, liable for any consequences as a result of such interruptions.

Term

Unless terminated earlier, this agreement shall continue until either of us notifies the other by e-mail or postal mail that the agreement has ended or by closing said account on-line. Commission earned and payable through to the date on which this agreement is ended, except in the case where this agreement is terminated by us for breach of terms by you, in which case any accumulated monies due will be forfeited, will be paid in the normal course shown under the section Payment Schedule.

Reserved Rights

We reserve the right to modify the Commission Structure or anything in this Agreement, at any time, at our sole discretion, by posting a new agreement on this site or updating relevant pages of this web site. We are not required to notify you of any changes to this agreement other than posting the changes on this site, https://cash.neweramediaworks.com, therefore we suggest you check this site regularly for the most up-to-date terms. Your continued link to us will be considered as acceptance of these changes.

Disclaimer

We make no warranties, representations or conditions with regard to the Affiliate Program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Damages

We are not liable for any indirect, incidental, special, or consequential damages nor any loss of revenue or profits arising by or from this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or with respect to this Agreement shall in no event exceed the total Commissions actually paid by us to you under this Agreement.

Miscellaneous

This agreement may not be assigned, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns. This agreement shall be governed by the laws of the United States, State of California, Santa Clara County.

You may contact us about this Agreement at Dancesoft, Division: NEM, 2310 Homestead Rd, Suite C1-201, Los Altos, CA 94024 USA.

 

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