Ximmy Affiliate Program - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	Affiliate Program Terms of use To be an authorized affiliate of XIMMY.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the XIMMY.com service as an affiliate. By signing up for the XIMMY.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. By signing up as an affiliate with , you agree to the following Terms of Service. This agreement is by and between and/or their assigns and all subscribers. Unless the context requires otherwise, . and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber." You understand that and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. We reserve the rights to add/modify/end our XIMMY affiliate program at anytime. Services to be Provided. We agree to pay you certain commissions as described on our website for a new active user you referred to XIMMY. An "active user" is when the user you've referred logs into their XIMMY account for the first time. XIMMY will provide you with banners, text ads, text links, email links as a marketing resource to promote XIMMY's services. You MUST place at least one (1) tracking code on your blog/website before any commission is applied to your account. Coded URL. Upon your acceptance, XIMMY will provide you with a URL coded to specifically identify you which will allow you to create a link to the XIMMY web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links. Tracking. XIMMY agrees to track the customers referred to XIMMY via the link provided to you for that purpose. XIMMY will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement. Affiliate Responsibilities. Requirements. You must own a blog/website in order to join our program. You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You are not allowed to create multiple affiliate accounts. You agree that you are in a jurisdiction where participation in the XIMMY affiliate program does not violate any law, ordinance, regulation or standard. Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify XIMMY if your coded URL ceases to function or ceases to function properly. Representations. You agree that you will not make any representations, promises, warranties or other statements about XIMMY or the XIMMY web site, products or policies other than as may be expressly approved in writing by XIMMY or as other wise provided to you by XIMMY for that purpose. Link. You may use the coded URL provided by XIMMY via the available XIMMY Marketing tools or in any other form you wish provided that your use of the URL is not in any way disparaging of XIMMY or otherwise not appropriate or acceptable in XIMMY sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of XIMMY or any other party. Amendments. You agree that this agreement may be amended by XIMMY at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the XIMMY web site on a periodic basis. Promote Violence/Porn. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and XIMMY that you will not take any action which might promote violence, contain hate speech or porn. Commissions. Commission Rate. Commissions are paid on a one time basis for each new active registered user that signs up on XIMMY from you coded URL subject to the terms and conditions set forth herein. The current commission rate is $0.50 per an active registered user. An "active user" is when the user you've referred logs in to their XIMMY account for the first time. Commission can not be combined with other users or any other programs. Bonus: Bonus giving during sign up will be added to your first payment (once you accumulate a total of $25 in commission). Bonuses during sign up does not have a cash value unless the user reaches the minimum payment ($25). Payments: Payments are made the 1st of every month. You must generate $25 (excluding any bonuses) in commission before a payment is sent to you. Payments are made via PayPal only to the account provided at registration. Any changes to this preference may be made via email to affiliate@XIMMY.com. XIMMY is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal. Users that have generated less than the $25, the commission earned are carried to the following month until the minimum payout requirement is fulfill. Termination. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote in a manner that is unethical or inappropriate; (c) fraudulent activity; or (d) for any reason, in our sole discretion. Client may terminate this Agreement, or cancel the participation of additional Site participating in the Program, with or without cause at any time. XIMMY may at any time without notice, in its sole discretion terminate this Agreement, or suspend or terminate the participation of any Site under this Agreement for any reason whatsoever, with or without cause. Inactive accounts: Affiliates that does not bring in 1 visitor for a period of 2 months (60 days) via our affiliate tracking code provided will automatically be terminated. Upon termination, user forfeit any balanced owed under the minimum payout requirement. If users meets the minimum payout requirements, payment will be made prior to termination. Client agrees to remove from the site all of XIMMY links and logos. Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and XIMMY that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the XIMMY Affiliate program. Confidentiality. Client agrees not to disclose XIMMY's Confidential Information without XIMMY's prior written consent. "XIMMY Confidential Information" includes without limitation: (a) all XIMMY software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other statistics relating to Site performance in the Program provided to by XIMMY; and (c) any other information designated in writing by XIMMY as "Confidential" or an equivalent designation. It does not include information that has become publicly known through no breach by Client or XIMMY, or information that has been (i) independently developed without access to XIMMY Confidential Information as evidenced in writing; (ii) rightfully received by Client from a third party; or (iii) required to be disclosed by law or by a governmental authority. No Guarantee. XIMMY makes no guarantee regarding the level of impressions of or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to Client under this Agreement. No Warranty. XIMMY MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Limitations of Liability; Force Majeure. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR CLIENT'S BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) XIMMY'S AGGREGATE LIABILITY TO CLIENT UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY XIMMY TO CLIENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE. Neither party will be entitled to make any claim nor commence any proceedings arising out of any transactions pursuant to this Agreement unless the same is brought within one (1) year from the date the cause of action arose. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures. Publicity. Client agrees that XIMMY may use Client's name and logo in presentations, marketing materials, press materials, customer lists, financial reports and Web site listings of customers and therefore grants XIMMY a limited license to use Client's logo in accordance with the foregoing. Representations and Warranties. Client represents and warrants that (a) all of the information provided to XIMMY in connection with this Agreement is correct and current; and (b) Client is the owner of the Site or that Client is legally authorized to act on behalf of the owner of such Site for the purposes of this Agreement and the Program; and (c) Client has all necessary right, power and authority to enter into this Agreement and to perform the acts required of Client hereunder. Client further represents and warrants that each Site and any and all material displayed therein: (i) complies with all applicable laws, statutes, ordinances and regulations; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not pornographic, hate-related or otherwise violent or illegal in content. Indemnification. Client agrees to indemnify, defend and hold XIMMY, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), arising out of, related to this Agreement or which may arise from Client's enrollment in the Program, use of the Site, and/or its breach of any term of this Agreement Information Rights. XIMMY owns and may retain and use for its own purposes all information Client provides, including but not limited to Site demographics and contact and billing information. Client agrees that XIMMY may transfer and disclose to third parties personally identifiable information about Client for the purpose of approving and enabling Client's participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws. XIMMY disclaims all responsibility, and will not be liable to for any disclosure of that information by any such third party. XIMMY may share aggregate (i.e., not personally identifiable) information about Client with advertisers, business partners, sponsors, and other third parties. In addition, Client grants XIMMY and its designated agents the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers. No Rights Granted. Client acknowledges that any and all of the trademarks, trade names, copyrights, patents, and other intellectual property rights utilized by XIMMY in connection with the performance of this Agreement will be and remain the sole property of XIMMY. Client acknowledges that no rights or licenses are granted with respect to any of the foregoing under this Agreement. Entire Agreement. This Agreement and any Exhibits identified herein or referenced and made a part of this Agreement by Client's requirement to review revisions or updates to this Agreement (for example at a URL provided by XIMMY) constitute the whole agreement between the parties with respect to the subject matter hereof. Client hereby acknowledges that it has not relied on any prior or contemporaneous representations, written or oral, not set forth in this Agreement with respect to any matter related to the interpretation or performance of this Agreement Miscellaneous. This Agreement shall be governed by the laws of California except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Los Angeles County, California. Modifications to this Agreement may be made by XIMMY at anytime by updating the Terms and/or Program Policies on the XIMMY Website. Client agrees to monitor such changes and agrees that such modifications and updates are binding on Client. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Client may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of this Agreement, without liability to XIMMY. Notwithstanding the foregoing, XIMMY may assign this Agreement to any affiliate at any time without notice. The relationship between XIMMY and Client is not one of a legal partnership relationship, but is one of independent contractors and that neither party has the authority to bind the by contract or otherwise. Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the XIMMY affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by XIMMY without notice to any other party other than changing the agreement itself made available by XIMMY to the affiliates on the XIMMY web site.
	I have read, understand and agree to the above terms and conditions.

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