Common use of Affiliate Covenants Clause in Contracts

Affiliate Covenants. Affiliate covenants that it shall not: send unsolicited commercial e-mail (SPAM) (i.e., it will send commercial e-mails in connection with any Programs to only those e-mail addresses that have consented to receive such commercial e-mails); post any specific messages to newsgroups, chat rooms, bulletin boards or any other places regarding any Programs unless expressly approved in writing from Company; promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content, or any other content referenced in paragraph 1.2; use the Site in any manner other than that which is specifically contemplated herein; engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice when marketing any Programs; and while an approved Affiliate and for 180 days thereafter, participate in any performance based advertising relationship with any Advertiser within Company's network, unless a previously existing business relationship between Advertiser and Affiliate can be demonstrated to the reasonable satisfaction of Company. In this connection, both parties agree and acknowledge that if Affiliate violates its obligations hereunder, Company will be entitled to damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Affiliate.; and Affiliate covenants that it shall: Conduct the web advertising campaign for Advertiser in accordance with the highest industry standards; Provide within one business day after request therefrom, the IP Information, together with such other related information that Company may request. Failure to provide such information may result in termination or suspension of the Affiliate and/or the deactivation of all links in any Programs downloaded by Affiliate. Affiliate acknowledges that breaches of any of the foregoing representations and covenants may, in the sole discretion of Company, result in the immediate suspension or termination of Company' relationship with Affiliate and Affiliate shall forfeit all rights to any compensation theretofore owed to it by Company. The foregoing rights shall be in addition to any other remedies available to Company. Affiliate acknowledges and agrees that Company shall not be responsible for the Advertisers' violation of any applicable laws or regulations.

Appears in 4 contracts

Samples: Terms of Agreement, Terms of Agreement, Terms of Agreement

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Affiliate Covenants. Affiliate covenants that it shall not: send unsolicited commercial e-mail (SPAM) (i.e., it will send commercial e-mails in connection with any Programs to only those e-e- mail addresses that have consented to receive such commercial e-mails); post any specific messages to newsgroups, chat rooms, bulletin boards or any other places regarding any Programs unless expressly approved in writing from Company; promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content, or any other content referenced in paragraph 1.2; use the Site in any manner other than that which is specifically contemplated herein; engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice when marketing any Programs; and while an approved Affiliate and for 180 days thereafter, participate in any performance based advertising relationship with any Advertiser within Company's network, unless a previously existing business relationship between Advertiser and Affiliate can be demonstrated to the reasonable satisfaction of Company. In this connection, both parties agree and acknowledge that if Affiliate violates its obligations hereunder, Company will be entitled to damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Affiliate.; and Affiliate covenants that it shall: Conduct the web advertising campaign for Advertiser in accordance with the highest industry standards; Provide within one business day after request therefrom, the IP Information, together with such other related information that Company may request. Failure to provide such information may result in termination or suspension of the Affiliate and/or the deactivation of all links in any Programs downloaded by Affiliate. Affiliate acknowledges that breaches of any of the foregoing representations and covenants may, in the sole discretion of Company, result in the immediate suspension or termination of Company' relationship with Affiliate and Affiliate shall forfeit all rights to any compensation theretofore owed to it by Company. The foregoing rights shall be in addition to any other remedies available to Company. Affiliate acknowledges and agrees that Company shall not be responsible for the Advertisers' violation of any applicable laws or regulations.

Appears in 2 contracts

Samples: Terms of Agreement, Terms of Agreement

Affiliate Covenants. Affiliate covenants that it shall not: send unsolicited commercial e-mail (SPAM) (i.e., it will send commercial e-mails in connection with any Programs to only those e-mail addresses that have consented to receive such commercial e-mails); post any specific messages to newsgroups, chat rooms, bulletin boards or any other places regarding any Programs unless expressly approved in writing from CompanyLaZire Commerce Ltd; promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content, or any other content referenced in paragraph 1.21.9.2; use the Site in any manner other than that which is specifically contemplated herein; engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice when marketing any Programs; and while an approved Affiliate and for 180 days thereafter, participate in any performance based advertising relationship with any Advertiser within CompanyLaZire Commerce Ltd's network, unless a previously existing business relationship between Advertiser and Affiliate can be demonstrated to the reasonable satisfaction of Company. LaZire Commerce Ltd. In this connection, both parties agree and acknowledge that if Affiliate violates its obligations hereunder, Company LaZire Commerce Ltd will be entitled to damages in the amount of forty-forty- five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Affiliate.; and . Affiliate covenants that it shall: Conduct • conduct the web advertising campaign for Advertiser in accordance with the highest industry standards; Provide • provide within one business day after request therefrom, the IP Information, together with such other related information that Company LaZire Commerce Ltd may request. Failure to provide such information may result in termination or suspension of the Affiliate and/or the deactivation of all links in any Programs downloaded by Affiliate. Affiliate acknowledges that breaches of any of the foregoing representations and covenants may, in the sole discretion of CompanyLaZire Commerce Ltd, result in the immediate suspension or termination of CompanyLaZire Commerce Ltd' relationship with Affiliate and Affiliate shall forfeit all rights to any compensation theretofore owed to it by Company. LaZire Commerce Ltd. The foregoing rights shall be in addition to any other remedies available to Company. LaZire Commerce Ltd. Affiliate acknowledges and agrees that Company LaZire Commerce Ltd shall not be responsible for the Advertisers' violation of any applicable laws or regulations, including, without limitation, the CAN-SPAM Act.

Appears in 1 contract

Samples: Terms and Conditions

Affiliate Covenants. Affiliate covenants that it shall not: send unsolicited commercial e-mail (SPAM) (i.e., it will send commercial e-e- mails in connection with any Programs to only those e-mail addresses that have consented to receive such commercial e-mails); post any specific messages to newsgroups, chat rooms, bulletin boards or any other places regarding any Programs unless expressly approved in writing from Company; promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content, or any other content referenced in paragraph 1.2; use the Site in any manner other than that which is specifically contemplated herein; engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice when marketing any Programs; and while an approved Affiliate and for 180 days thereafter, participate in any performance based advertising relationship with any Advertiser within Company's network, unless a previously existing business relationship between Advertiser and Affiliate can be demonstrated to the reasonable satisfaction of Company. In this connection, both parties agree and acknowledge that if Affiliate violates its obligations hereunder, Company will be entitled to damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Affiliate.; and Affiliate covenants that it shall: Conduct the web advertising campaign for Advertiser in accordance with the highest industry standards; Provide within one business day after request therefrom, the IP Information, together with such other related information that Company may request. Failure to provide such information may result in termination or suspension of the Affiliate and/or the deactivation of all links in any Programs downloaded by Affiliate. Affiliate acknowledges that breaches of any of the foregoing representations and covenants may, in the sole discretion of Company, result in the immediate suspension or termination of Company' relationship with Affiliate and Affiliate shall forfeit all rights to any compensation theretofore owed to it by Company. The foregoing rights shall be in addition to any other remedies available to Company. Affiliate acknowledges and agrees that Company shall not be responsible for the Advertisers' violation of any applicable laws or regulations.

Appears in 1 contract

Samples: Terms of Agreement

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Affiliate Covenants. Affiliate covenants that it shall not: send unsolicited commercial e-mail (SPAM) (i.e., it will send commercial e-mails in connection with any Programs to only those e-mail addresses that have consented to receive such commercial e-mails); post any specific messages to newsgroups, chat rooms, bulletin boards or any other places regarding any Programs unless expressly approved in writing from CompanyDitectA Media FZE LLC ; promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content, or any other content referenced in paragraph 1.21.9.2; use the Site in any manner other than that which is specifically contemplated herein; engage in any kind of deceitful, misleading or other unfair trade practices, or fraudulent or other unlawful practice when marketing any Programs; and while an approved Affiliate and for 180 days thereafter, participate in any performance based advertising relationship with any Advertiser within CompanyDitectA Media FZE LLC 's network, unless a previously existing business relationship between Advertiser and Affiliate can be demonstrated to the reasonable satisfaction of CompanyDitectA Media FZE LLC . In this connection, both parties agree and acknowledge that if Affiliate violates its obligations hereunder, Company DitectA Media FZE LLC will be entitled to damages in the amount of forty-five percent (45%) of the gross revenues resulting from sales conducted by Advertiser through the advertising or marketing efforts of Affiliate.; and . Affiliate covenants that it shall: Conduct • conduct the web advertising campaign for Advertiser in accordance with the highest industry standards; Provide • provide within one business day after request therefrom, the IP Information, together with such other related information that Company DitectA Media FZE LLC may request. Failure to provide such information may result in termination or suspension of the Affiliate and/or the deactivation of all links in any Programs downloaded by Affiliate. Affiliate acknowledges that breaches of any of the foregoing representations and covenants may, in the sole discretion of CompanyDitectA Media FZE LLC , result in the immediate suspension or termination of CompanyDitectA Media FZE LLC ' relationship with Affiliate and Affiliate shall forfeit all rights to any compensation theretofore owed to it by CompanyDitectA Media FZE LLC . The foregoing rights shall be in addition to any other remedies available to CompanyDitectA Media FZE LLC . Affiliate acknowledges and agrees that Company DitectA Media FZE LLC shall not be responsible for the Advertisers' violation of any applicable laws or regulations, including, without limitation, the CAN-SPAM Act.

Appears in 1 contract

Samples: Terms and Conditions

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