AFFILIATE TERMS AND CONDITIONS
This Affiliate Terms and Conditions Agreement (the “Agreement”) is entered into by and you (hereinafter referred to as the “Affiliate” and/or “Webmaster”) and XLIGHT MEDIA Ltd., doing business as “NuVid.com.” (hereinafter referred to as “NuVid.com” and/or “NuVid”).
By clicking on ‘I accept’ and ‘create account’, the affiliate is entering into this legal agreement with NuVid.com and affirmatively stating that same has read, understands and accepts the agreement and as such agrees to be bound by the terms and conditions set forth herein. Affiliate cannot become a member of the NuVid.com Affiliate Program unless accepting each and every term and condition herein.
1) In order to enroll and participate as a webmaster in the NuVid.com Affiliate Program, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. The affiliate may not participate in the NuVid.com affiliate program in any manner if not of the age of majority in the state, province or country where residing and/or conducting business. If affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If at any time, NuVid.com discovers that an affiliate is under 18 years of age and/or under the age of majority, the affiliate’s account shall be cancelled and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
2) The affiliate must be the owner of the website or the individual vested with the authority to enter into contracts on behalf of the entity that owns the rights to the affiliate website.
4) All payments are made in U.S. dollars (“USD”).
5) We reserve the right to deny service to any individual or URL at our discretion.
6) We reserve the right to obtain, verify and record information that identifies each Account Holder. This means that we may request additional documentation to confirm Account Holder details, including Account Holder name, address, date of birth and other information that will allow us to confirm Account Holder identity.
7) NuVid.com does not limit or restrict your participation in other affiliate programs.
8) Any kind of spam and unsolicited advertising is strictly forbidden, spamming NuVid.com URLs, email/ICQ/social site spam etc.
Violating any of the rules and terms listed above may and will result in your account being blocked. When such a situation occurs, NuVid.com reserves the right to forfeit all the funds in your account and cancel all pending payouts.
The present Agreement shall come into force as soon as NuVid.com approves the Affiliate application to join the program. The Agreement can be terminated by either party at any time, with or without cause, by giving the other party a notice of termination. Immediately after receiving such notice from NuVid.com, the Affiliate shall remove and destroy any and all materials used in connection with his/her cooperation with NuVid.com. The Affiliate is also required tol immediately remove any and all First NuVid.com marks, links and references from any and all sites under his/her control.
NuVid.com shall not be held liable for any circumstances arising out of force majeure situations, acts of God, network disruptions, or other circumstances of uncontrollable nature.
NuVid.com shall not be held liable to the Affiliate for inaccessibility to any of its services or possible downtime due to, but not limited to:
1) server failures;
2) ISP/network failures;
3) hardware downtime;
4) network maintenance, including routine and emergency;
5) any other technical difficulties which may occur in the present technological situation and may result in loss or incorrect processing of sales and traffic activity.
NuVid.com may, though not on an obligatory basis, provide the Affiliate with assistance regarding such circumstances.