The LegalFish Affiliate Agreement Please review this agreement and continue to the LegalFish affiliate application by using the link at the end of this agreement. (These are the rules which govern our relationship, so you may also want to print this page for future reference).
This LegalFish Affiliate Agreement ("Agreement") contains the complete terms and conditions that apply to an individual's or entity's participation in the LegalFish Affiliate Program (the "Program"), This Agreement is made and entered into by LegalFish, and you, the applicant. As used in this Agreement, "we" means LegalFish LLC and "you" means the applicant. The parties agree as follows:
1. Enrollment
To begin the enrollment process, read the terms and conditions on this page and then click to accept them below. You will then submit a complete program application through the LegalFish.com site. We will evaluate your application and will notify you via email of your acceptance or rejection. If we accept your application, LegalFish will provide you with access to its affiliate gateway on the LegalFish Affiliate Network. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your Site is determined in our sole discretion to be unsuitable for the Program, we may terminate this Agreement at any time.
2. Terms and Conditions
We may reject your application for any reason, including, but not limited to our determination, in our sole discretion, that your Site is unsuitable for the Program. Unsuitable Sites include, but are not limited to, those that: (a) contain or link to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities; (e) infringe our intellectual property rights or those of any third party or otherwise violate the rights of any third party; (f) contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; (g) promote the use of any pyramid or similar schemes; (h) include "LegalFish" or misspellings thereof, in their domain names or in any meta tags or other hidden text, or (i) use or otherwise incorporate the words "LegalFish" or variations or misspellings of this or any LegalFish registered trademarks in pay-per-click (PPC) searchable keyword advertising. Acceptance of your application does not preclude LegalFish from later immediately terminating your rights under this Agreement should content or conditions on your site later render it unsuitable by LegalFish.
3. Offers and Engagements
3.1. From time to time, LegalFish may post on The LegalFish Affiliate Network™ offers to pay to other participants a specified commission in return for certain advertising services leading to a Qualifying Link (defined below). If such offers receive an identification number from The LegalFish Affiliate Network™ they shall be deemed to be an "Offer" for purposes of this Agreement. The term "Offer" shall also include any counter-offers resulting from an Offer.
3.2. If an Offer made by one party is accepted by the other party in accordance with the Offer's terms via The LegalFish Affiliate Network™, an "Engagement" will have been formed. Each Engagement shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the specific Engagement and the terms of this Agreement, the terms of the Engagement shall govern.
3.3. At any time prior to you providing a Qualifying Link, we may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by you for an Offer or an Engagement. You agree to promptly implement any request from us to remove, alter or modify any graphic or banner ad submitted by us that is being used by you as part of an Engagement.
4. Your Responsibilities
4.1. You will link your site to areas within our site using special URLs specified in the Engagement (the "Required URLs"). You may post as many links to the Required URLs and the rest of our site as you like on your site. The position, prominence and nature of links on your site shall comply with any requirements specified in the Engagement, but otherwise will be in your discretion.
4.2. You agree not to make any representations, warranties or other statements concerning LegalFish, LegalFish.com, any of our products or services, or our site policies, except as expressly authorized by the Engagement.
4.3. You are responsible for notifying us and The LegalFish Affiliate Network™ of any malfunctioning of the Required URLs or other problems with your participation in the Engagement. We will respond promptly to all concerns upon notification by you.
5. Commissions
5.1. LegalFish agrees to pay you the commission specified in the Engagement if a visitor submits a legitimate legal issue or case posting to LegalFish.com (a "Legal services consumer") and if that Legal services consumer has accessed LegalFish.com and submitted a legal issue or case posting via a Qualifying Link. A final determination based on select criteria of whether a legal issue or case posting is “legitimate” is made only by the LegalFish LLC and its client services staff.
5.2. A "Qualifying Link" is a link from your site to our site using one of the Required URLs or any other URL provided by us for use in The LegalFish Affiliate Network™ if it is the last link to our site that the Legal services consumer uses during a Session where a sale of a product to a Legal services consumer occurs. A "Session" is the period of time beginning from a Legal services consumer's initial contact with our site via a link from your site and terminating when the Legal services consumer either returns to our site via a link from a site other than your site or the Engagement expires or is terminated.
5.3. LegalFish shall have the sole right and responsibility for processing all orders made by Legal services consumers. You acknowledge that all agreements relating to sales to Legal services consumers shall be between LegalFish and the Legal services consumer.
5.4. All determinations of Qualifying Links and whether a commission is payable will be made by The LegalFish Affiliate Network™ and will be final and binding on both LegalFish and you. Prices for the products will be set solely by LegalFish in its discretion.
5.5 LegalFish will, from time to time and at its sole discretion, provide some or all of its affiliates with special promotions, coupons, sweepstakes or contests (the "Promotions") to offer to their members/visitors. LegalFish will provide eligible affiliates with adequate notice and explicit authorization so that they may make any and all appropriate changes to their websites. LegalFish also runs periodic Promotions of its own.
6. Ownership and Licenses
6.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
6.2. LegalFish grants you a revocable, non-exclusive, license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, as designated in the Engagement or during the registration process in The LegalFish Affiliate Network™, on your site solely for the purpose of creating links from your site to our site during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, you may not copy, distribute, modify, reverse engineer, or create derivative works from the same. You may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.
7. Termination
7.1. Either party may terminate any Engagement at any time by deleting their acceptance of the Engagement through The LegalFish Affiliate Network™. Termination of an Engagement shall not terminate this Agreement or any other Engagement.
7.2. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day's prior written notice of such termination to the other party and The LegalFish Affiliate Network™. Termination of this Agreement shall also terminate any outstanding Engagements. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement.
7.3 The following shall be considered a material breach of this agreement subject to immediate termination: (a) you utilize any promotion, promotion code, coupon or other promotional opportunity that is not specifically authorized by LegalFish for the Affiliate Program and explicitly authorized (b) you use or otherwise incorporate the words "LegalFish" or variations or misspellings of this or any LegalFish registered trademarks in the domain name(s) of your Site(s) or in pay-per-click searchable keyword advertising (c) you use or enable in connection with any LegalFish website or Qualifying Link, or any website or link related or affiliated thereto, any software applications, BHO's (browser helper objects), downloadable reminder services, or any other software or code that pops-up or redirects the user (d) you use any LegalFish trademark, any variation or misspelling thereof, or any word, term or mark confusingly similar thereto, in any PPC ads unless content is approved prior to use by LegalFish, (d) you drive traffic or attempt to drive traffic to through any qualifying link by bidding on any other companies' or competitors' trademarks, (e) your ads are directed to a site other than your site, (f) your ads link directly to or any page within , (g) you show as the url in your ads, (h)you include LegalFish promotions in your ads, (i) you use the words "official site" in connection with any use of the LegalFish mark, or otherwise suggest or imply that you or your site is an official LegalFish site or partner or that LegalFish in any way endorse your site other than as Affiliate. LegalFish reserves the right to withhold or disallow payment for violations under this section
8. Representations
8.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
8.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. Cross-Indemnification
Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations in Section 8.1.
10. Limitation of Liability
In no event shall either party be liable to the other party for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages.
11. General
11.1. Nothing in this Agreement shall be construed to make either party the agent, representative, or partner of, or a joint venturer with, the other party, and neither party shall so hold itself out, nor shall either party be liable or bound by any act or omission of the other party.
11.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Illinois. Any action to enforce this Agreement shall be brought in the federal or state courts located in Illinois. If you need to send official correspondence, send it via registered mail to LegalFish LLC; C/O Affiliate Marketing 414 North Orleans Suite 203, Chicago, IL 60610 to the attention of the Marketing department.
11.3. This Agreement may be agreed to in more than one counterpart, each of which together shall form one and the same instrument. The parties agree that execution may be achieved in any format convenient to the parties.
11.4. This Agreement contains the entire agreement between the parties and supersedes and cancels all previous negotiations, agreements in respect to the subject matter. This Agreement may not be amended in any manner, orally or otherwise, except by a writing signed by duly authorized representatives of the parties. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
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