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Terms Of Use, Terms and Conditions, Privacy Policy,
Affiliate Agreement
PLEASE READ THESE TERMS OF USE
CAREFULLY BEFORE USING THIS SITE. IF
YOU DO NOT AGREE TO THESE TERMS,
PLEASE DO NOT USE THE SITE OR ANY
PORTION THEREOF.
INTENDED AUDIENCE/USE:
RealtySticker.com ("RealtySticker.com")
provides this Web site to you,
subject to these Terms of Use. The
Terms of Use may be updated by
RealtySticker.com from time to time
without notice to you. This Web site
and other RealtySticker.com Web
sites that are linked to this site
or affiliated with this site
(collectively "the Site") and all
the information, communications,
software, scripting, photos, text,
video, graphics, music, sounds,
images and other materials and
services found on the Site
(collectively "Content"), is
intended for the lawful use of
RealtySticker.com's customers,
employees and members of the general
public who are over the age of 18,
and citizens of the United States or
Canada. The Site is controlled and
operated in whole or in part by
RealtySticker.com from its offices
within the United States.
RealtySticker.com makes no
representation that these materials
are appropriate or available for use
in other locations. Those who access
the Site from other locations do so
at their own risk and are
responsible for compliance with
applicable local laws. You
acknowledge that RealtySticker.com
reserves the right in its sole
discretion to refuse or terminate
access to the Site by you at any
time.
ACCEPTANCE OF TERMS:
You acknowledge you have read, and
agree to be bound by these Terms of
Use and to comply with all
applicable laws and regulations,
including without limitation U.S.
export and re-export control laws
and regulations regarding the
transmission of technical data
exported from the United States or
the country in which you reside. You
further agree to comply with all
local laws, regulations and rules
regarding online conduct and
acceptable Content. You represent
you have the legal authority to
accept these Terms of Use on behalf
of yourself or any party you
represent. IF YOU DO NOT AGREE TO
THESE TERMS, PLEASE DO NOT USE THE
SITE. Your use of this web site,
RealtySticker.com, is your agreement
to hold harmless RealtySticker.com
and its officers, contractors and
employees regarding any of the
content and/or representations seen
on any third party websites linked
to RealtySticker.com.
By purchasing any item from this
website you agree to hold harmless
RealtySticker.com, its officers,
owners, affiliates, employees and
others against any damage that may
result from the proper or improper
use of such items you purchased. You
also agree by purchasing any items
from this website, that you
understand the risks associated with
the item(s) you purchase.
You also agree and understand the
possible effects of placing,
utilizing, or adhering such items to
any surface may cause damage to its
intended surface. This includes
glass, paint, clear coat, lacquer,
or similar surface covering or
substance. As such, please be aware
of this possibility before you
purchase such items for use.
By purchasing any item from this
Website you confirm you have read
and understood the NATIONAL
ASSOCIATION OF REALTORS® terms of
use for such marks. Purchasing a
product to display the REALTOR® logo
does not give you authorization or
permission for use. REALTOR® is a
federally registered collective
membership mark which identifies a
real estate professional who is a
Member of the NATIONAL ASSOCIATION
OF REALTORS®. REALTOR®
logo available
only to Members of the NATIONAL
ASSOCIATION OF REALTORS® authorized
to use the "R" logo. You must
provide the name of your Local and
State Board Association of REALTORS®
upon checkout. Customer name must be
same as member authorized to use the
logo. By purchasing any personalized
item displaying the REALTOR®
Logo, you permit and allow
RealtySticker.com
and its officers, contractors and
employees to confirm your REALTOR®
Membership or Affiliation with any
Authorized Local and State Board
Association of REALTORS® as listed
with the NATIONAL ASSOCIATION OF
REALTORS®. RealtySticker.com is not
part of or affiliated in any way with the
NATIONAL ASSOCIATION OF REALTORS®.
REALTOR® Logo is available in
only black, blue, or white from RealtySticker.com. For more information
on the proper use of the
NATIONAL ASSOCIATION OF REALTORS®
block "R" logo please
see: http://www.realtor.org/letterlw.nsf/pages/trademarkmanual.
MERCHANDISE RETURNS, EXCHANGES,
CREDITS, AND PRICING:
Due to the customization nature of
our products
RealtySticker.com
regretfully cannot
issue a credit, refund or exchange
of any kind for any reason. If
however, your sticker was misspelled
or otherwise not correct to your
order specifications, we ask that
you provide us by any means a photo
of the actual sticker so we can
determine if a new and correct
sticker will be issued to you at no
additional cost. Due to
the custom nature of products
offered, RealtySticker.com makes every attempt to keep
pricing and information up-to-date,
however, please confirm prices
listed before ordering.
RESTRICTIONS ON USE OF CONTENT:
©Copyright 2006 RealtySticker.com,
All Rights Reserved. THE
UNAUTHORIZED COPYING, DISPLAYING OR
OTHER USE OF ANY CONTENT FROM THIS
SITE IS A VIOLATION OF THE LAW. You
acknowledge having been advised by
RealtySticker.com that the Content
is protected in the U.S. and
internationally by a variety of
laws, including but not limited to,
copyright laws and treaty
provisions, trademark laws, patent
laws, and other proprietary rights
laws (collectively "Rights"). In
addition to RealtySticker.com's
Rights in individual elements of the
Content, RealtySticker.com or its
licensors own a copyright in the
selection, coordination and
arrangement of the Content. You are
hereby granted permission to access
the Content from the Site in whole
or in part, solely for your
personal, non-commercial use of
viewing and browsing through the
Site or ordering products or
services from the Site. This
permission terminates automatically
if you breach any of the Web Site
Terms of Use. If pursuant to an
authorization from RealtySticker.com,
you download software from the Site,
the software, including all code,
files, images, contained in or
generated by the software, and
accompanying data, are deemed to be
licensed to you by RealtySticker.com.
Neither title nor intellectual
property rights are transferred to
you, but remain with
RealtySticker.com, who owns full and
complete title. You may not resell,
decompile, reverse engineer,
disassemble, or otherwise convert
the Software to a perceivable form.
RealtySticker.com does not grant you
any permission to use the Content
other than the permission expressly
stated in these Terms of Use. All
other use of Content from the Site,
including, but not limited to
uploading, downloading,
modification, publication,
transmission, participation in the
transfer or sale of, copying,
reproduction, republishing, creation
of derivative works from,
distribution, performance, display,
incorporation into another web site,
reproducing the Site (whether by
linking, framing or any other
method), or in any other way
exploiting any of the Content, in
whole or in part, or downloading and
using software repeatedly for uses
other than those expressly permitted
may not be made without
RealtySticker.com's prior express
written consent.
TRADEMARKS AND SERVICE MARKS:
There are a number of proprietary
logos, service marks, trademarks,
slogans and product designations
found on this Site. By making them
available on this Site,
RealtySticker.com is not granting
you a license to use them in any
fashion. Nothing contained on this
site gives any user the right or
license to use any trademark
displayed on this site without the
express permission of the owner.
Access to this Site does not confer
upon you any license under any of
RealtySticker.com's or any third
party's intellectual property
rights.
Any company or product logos
displayed on this site are the
property and/or registered
trademarks of their respective
owners, and are provided as a
convenience only for their lawful
use. Purchase of any product from
RealtySticker.com
is not authorization for the use of
any specific logo or trademark. RealtySticker.com as well as the
Blue House Logo are Trademarked by
RealtySticker.com and its owners. No RealtySticker.com trademark or
service mark may be used as a
hyperlink without
RealtySticker.com's prior written
permission. All other product or
service names are the property of
their respective owners. ©RealtySticker.com.
Marks owned by third parties include
the following:
REALTOR® is a federally registered
collective membership mark which
identifies a real estate
professional who is a Member of the
NATIONAL ASSOCIATION OF REALTORS®.
The REALTOR® and MLS (Multiple
Listing Service) Composite Logo is a
registered service mark owned by the
NATIONAL ASSOCIATION OF REALTORS®.
Women's Council of REALTORS® is a
registered mark of the Women's
Council of REALTORS®.
MLS®, Multiple Listing Service®, and
the associated logos are all
registered certification marks owned
by CREA and are used to identify
real estate services provided by
brokers and salespersons who are
members of CREA.
For more information regarding the
the NATIONAL ASSOCIATION OF
REALTORS® and usage of its marks
please visit http://www.realtor.org/letterlw.nsf/pages/trademarkmanual.
Other trademarks used on the
RealtySticker.com web sites may be
owned by real estate boards and
other third parties.
SUBMISSION OF INFORMATION:
Although RealtySticker.com provides
certain encryption in an effort to
protect the electronic transmission
of credit card numbers or other
personally identifiable numbers
("Information") that you submit to
RealtySticker.com through the Site,
RealtySticker.com does not guarantee
the security of any information
transmitted to or from the Site. You
understand and agree to assume the
security risk for any information
you provide using the Site.
Other than the Information, do not
send any confidential or proprietary
information to RealtySticker.com
through the Site. Except for the
Information or personally
identifiable information relative to
you, any information you do send to
RealtySticker.com through the Site
will be deemed NOT to be
confidential ("Non-Confidential
Information"). For any
Non-Confidential Information you do
send, post or submit you hereby
grant RealtySticker.com an
unrestricted, royalty-free,
irrevocable license to use,
reproduce, display, perform, modify,
transmit and distribute the
Non-Confidential Information, and
agree that RealtySticker.com is free
to use any ideas, concepts, know-how
or techniques that you send
RealtySticker.com for any purpose
whatsoever without compensation to
you or any other person sending the
Non-Confidential Information, and
you represent and warrant that you
own or otherwise control all of the
rights to the Non-Confidential
Information and that public posting
and use of your content by
RealtySticker.com will not infringe
or violate the rights of any third
party. Your personally identifiable
information you submit to us shall
be treated in accordance with our
Privacy Policy.
You are prohibited from posting or
transmitting to or from the Site any
unlawful, threatening, libelous,
defamatory, obscene, scandalous,
inflammatory, pornographic, or
profane material, or any other
material that could give rise to any
civil or criminal liability under
the law.
MESSAGE BOARDS:
RealtySticker.com does not monitor
message boards hosted on
RealtySticker.com's Web Sites, and
offers no formal support in such
message boards. Message board
content is the sole responsibility
of the person supplying the content,
and RealtySticker.com assumes no
responsibility to control such
content. Except for private message
boards which are governed under a
separate Non-disclosure Agreement,
all messages posted or submitted to
a message board shall be treated as
Non-confidential Information as
outlined above.
RealtySticker.com PRIVACY POLICY:
RealtySticker.com's collection and
use of personally identifiable
information about you is subject to
our Privacy Policy. This site is
intended for use by persons over the
age of 18. No information should be
submitted to or posted on this Web
site by users under 18 years of age.
RealtySticker.com encourages parents
to take an active role in their
children's use of the Internet, and
to inform them of the potential
dangers of providing information
about themselves over the Internet.
PARTICIPATION IN PROMOTIONS AND
OTHER SITE ACTIVITIES:
If you choose to participate in a
promotion or other RealtySticker.com-sponsored
activity ("Website Activity"), you
agree to comply with any rules or
regulations governing such Website
Activity. Additionally, as a
condition of your continued
participation in the Website
Activity, you agree not to: 1)
upload, post, email, transmit or
otherwise make available any content
that is unlawful, harmful,
threatening, abusive, harassing,
tortious, defamatory, vulgar,
obscene, libelous, invasive of
another's privacy, hateful, or
racially, ethnically or otherwise
objectionable; 2) harm minors in any
way; 3) impersonate any person or
entity or falsely state or otherwise
misrepresent your affiliation with a
person or entity; 4) forge headers
or otherwise manipulate identifiers
in order to disguise the origin of
any Content transmitted through the
Website Activity; 5) upload, post,
email, transmit or otherwise make
available any content that you do
not have a right to make available
under any law or under contractual
or fiduciary relationships (such as
inside information, proprietary and
confidential information learned or
disclosed as part of employment
relationships or under nondisclosure
agreements); 6) upload, post, email,
transmit or otherwise make available
any content that infringes any
patent, trademark, trade secret,
copyright or other proprietary
rights of any party; 7) upload,
post, email, transmit or otherwise
make available any unsolicited or
unauthorized advertising,
promotional materials, "junk mail,"
"spam," "chain letters," "pyramid
schemes," or any other form of
solicitation; 8) upload, post,
email, transmit or otherwise make
available any material that contains
software viruses or any other
computer code, files or programs
designed to interrupt, destroy or
limit the functionality of any
computer software or hardware or
telecommunications equipment; 9)
interfere with or disrupt the
service or servers or networks
connected to the service, or disobey
any requirements, procedures,
policies or regulations of networks
connected to the service; 10)
"stalk" or otherwise harass another
person or entity; or 11) collect or
store personal data about other
users. You agree that violation of
any of the foregoing will result in
your immediate disqualification from
participant in the Website Activity,
and may result in additional legal
actions being taken by
RealtySticker.com.
LINKS TO THIRD PARTY WEB SITES:
This Site may provide links to other
third-party World Wide Web sites or
resources. RealtySticker.com makes
no representations whatsoever about
any other Web site which you may
access through this Site. Because
RealtySticker.com has no control
over such sites and resources, you
acknowledge and agree that
RealtySticker.com is not responsible
for the availability of such
external sites or resources and is
not responsible or liable for any
Content, advertising, products,
services or other materials on or
available from such sites or
resources. It is up to you to take
precautions to ensure that whatever
you select for your use is free of
such items as viruses, worms, trojan
horses and other items of a
destructive nature. References on
this Site to any names, marks,
products or services of any third
parties or hypertext links to third
party sites or information are
provided solely as a convenience to
you, and do not constitute or imply
an endorsement, sponsorship or
recommendation of, or affiliation
with the third party or its products
and services. RealtySticker.com
makes no representation or warranty
as to any third party Content,
products or services, and you agree
that RealtySticker.com shall not be
responsible or liable, directly or
indirectly, for any damage or loss
caused or alleged to be caused by or
in connection with use of or
reliance on any such third-party
Content, products or services
available on or through any such
site or resource.
NOTICES:
Notices to you may be made via
either e-mail or regular mail.
RealtySticker.com may also provide
notices of changes to the Terms of
Use or other matters by displaying
notices or links to notices to you
generally on the Site.
DISCLAIMER OF WARRANTY:
RealtySticker.com DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS
REGARDING THE AVAILABILITY, USE,
TIMELINESS, SECURITY, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE
RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING, THE CONTENT OF THE SITE
OR ANY OTHER WEB SITES LINKED TO OR
FROM THE SITE. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND
YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, OR
USE OF THIS SITE. THE CONTENT OF THE
SITE IS PROVIDED "AS IS" AND ON AN
"AS AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT POSSIBLE PURSUANT TO
APPLICABLE LAW, RealtySticker.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSIONS OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
RealtySticker.com SHALL BE DEEMED TO
ALTER THIS DISCLAIMER OF WARRANTY,
OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY:
RealtySticker.com WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE
INABILITY TO USE THIS SITE, ITS
CONTENT OR LINKS, INCLUDING BUT NOT
LIMITED TO DAMAGES CAUSED BY OR
RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER
VIRUS, LINE FAILURE, AND ALL OTHER
DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES EVEN IF
RealtySticker.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING,
RealtySticker.com'S TOTAL LIABILITY
TO YOU FOR ALL LOSSES, DAMAGES, AND
CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT,
TORT OR OTHERWISE, ARISING OUT OF
YOUR USE OF THIS SITE, ITS CONTENT
OR LINKS, SHALL NOT EXCEED THE
AMOUNT YOU PAID TO ACCESS THIS SITE.
REVISIONS:
RealtySticker.com may modify,
suspend, withdraw or discontinue,
temporarily or permanently, the
Content, in whole or in part, at any
time without notice. You agree that
RealtySticker.com shall not be
liable to you or to any third party
for any modification, suspension,
withdrawal or discontinuance of the
Content. RealtySticker.com may at
any time revise these Web Site Terms
of Use by updating this posting. By
using the Site, you agree to be
bound by any such revisions and you
agree to periodically visit this
page to determine the then current
Web Site Terms of Use to which you
are bound.
TERMINATION:
You agree that RealtySticker.com, in
its sole discretion, may terminate
or restrict your use or access to
this Site (or any part thereof) for
any reason, including, without
limitation, that RealtySticker.com
believes you have violated or acted
inconsistently with the letter or
spirit of these Terms of Service, or
the terms, conditions, or rules of a
sweepstakes, contest, or other
promotion contained within the Site.
GENERAL INFORMATION:
The Terms of Use constitute the
entire agreement between you and
RealtySticker.com and govern your
use of the Site, superceding any
prior agreements between you and
RealtySticker.com relating to your
use of this site. You may also be
subject to additional terms and
conditions that may apply when you
use purchase products or services,
participate in a sweepstakes,
contest or other promotion,
participate in a RealtySticker.com-sponsored
Developer Program or service, or use
or download software. If any
provision of these Web Site Terms of
Use is held to be invalid by any
law, rule, order or regulation of
any government or by the final
determination of any state or
federal court, such invalidity shall
not affect the enforceability of any
other provision of the Terms of Use.
The failure of RealtySticker.com to
exercise or enforce any right or
provision of the Terms of Use shall
not constitute a waiver of such
right or provision. By accessing the
Site you agree that the statutes and
laws of the united states and the
state of Rhode Island, USA without
regard to conflicts of laws
principles, will apply to all
matters relating to use of the site,
and you agree that any litigation
shall be subject to the exclusive
jurisdiction of the state or federal
courts in Rhode Island, USA. You
agree that regardless of any statute
or law to the contrary, any claim or
cause of action arising out of or
related to use of the Site, or the
Terms of Use must be filed within
one (1) year after such claim or
cause of action arose or be forever
barred. The section titles in the
Terms of Service are for convenience
only and have no legal or
contractual effect.
VIOLATIONS:
Please report any violations of
these Terms of Use to
RealtySticker.com at http://www.RealtySticker.com/contact.htm.
--------------------------------------------------------------------------------------------
Affiliate Agreement
Effective Date 01/30/2006
1. Enrollment in the Affiliate
Program
To begin the enrollment process, you
will need to review the terms of
this agreement and indicate your
acceptance of these terms by
checking the box labeld "I Agree" at the bottom of
the Realty Sticker Affiliate
Application. After you
submit a complete Affiliate
Application via our site, we will
evaluate your application and notify
you of your acceptance or rejection
in a timely manner. We may reject
your application if we determine, in
our sole discretion, that your site
is unsuitable for the Affiliate
Program for any reason, including,
but not limited to, inclusion of
content that is in any way unlawful,
harmful, threatening, defamatory,
obscene, sexually explicit,
harassing, or racially, ethically,
or otherwise objectionable, as
demonstrated by the following
examples:
sexually explicit, lewd,
pornographic or obscene content
(whether text or graphics);
speech or images that are offensive,
profane, hateful, threatening,
harmful, fraudulent, defamatory,
libelous, subversive, harassing or
discriminatory (whether based on
race, nationality, ethnicity, creed,
religion, gender, sexual
orientation, age, disability or
otherwise);
graphic violence (which may include
certain types of game sites);
content related to liquor, tobacco,
firearms, drugs, gambling, crime or
death; politically sensitive or
controversial issues (e.g. abortion,
capital punishment) or other
political content (e.g. lobbyists,
political campaigns); any unlawful
behavior or conduct; content which
infringes or otherwise violates any
copyright, trademark, or other
intellectual property rights;
content which includes "RealtySticker.com,"
"Real Estate Merchandise" " or
variations or misspellings thereof,
in their domain names or in any meta
tags or other hidden text; or
content which violates our "Privacy
Policy", as may be modified from
time to time by us at our sole
discretion.
2. Promotion of Our Affiliate
Relationship
If you qualify and agree to
participate as an affiliate site, we
will make available to you a variety
of graphic and textual links (each
of these links referred to herein as
"Links" or, individually, as a
"Link") which, subject to the terms
and conditions hereof, you may
display on relevant areas of your
site. The Links will serve to
identify your site as a member of
our Affiliate Program and will
establish a Link from your site to
ours.
3. Setting Up Links
In using the Links, you agree that
you will cooperate fully with us in
order to establish and maintain such
Links. To permit accurate tracking
and reporting, you will be
responsible for ensuring that the
Links between our site and yours are
properly formatted. You also agree
that you will display on your site
only those graphic or textual images
(indicating a Link) provided by us,
and you will substitute such images
with any new images provided by us
from time to time throughout the
term of this Agreement. You shall
display such graphic and/or textual
images prominently in relevant
sections of your site subject to any
and all limitations herein and with
our consent, which we may withhold
at our sole discretion. Any
information with respect to us that
is that is going to be displayed on
your site must be provided by us or
approved by us in writing in advance
of any display. A Link may only be
modified or expanded with our
consent. Each Link connecting users
of your site to our site will in no
way alter the look, feel, or
functionality of our site. Without
limiting the generality of the
foregoing, you are expressly
prohibited from framing our site in
any manner, including without
limitation causing your site's tool
bar to appear on our site. We have
the right based on our sole
discretion to monitor your site at
any time to determine if you are in
compliance with the terms of this
Agreement. If you are not in
compliance we may terminate this
Agreement immediately.
4. Our Responsibilities
We will be responsible for providing
all information necessary to allow
you to make appropriate Links from
your site to our site, however, all
Links must be approved in writing by
us. We will be solely responsible
for processing orders placed on our
site by a customer following a Link
from your site, tracking the volume
and amount of sales generated by
your site, and providing information
to Affiliate Sites regarding sales
statistics. We reserve the right to
reject orders. We will be
responsible for order entry, payment
processing, shipping, cancellations,
returns, and customer service
related to our site. We will not be
liable for any breach of this
Agreement or for any delay or
failure of performance resulting
from any one or more of the
following: (a) an occurrence beyond
our commercially reasonable control;
(b) acts of God, fires, flood, or
weather; (c) acts of public enemies;
(d) acts of any governmental
authorities; (e) acts of war,
rebellion, sabotage, riots, civil
disorders or explosions; (f) strikes
or labor disputes; (g) Internet
reliability; and (h) unavoidable
casualties.
5. Obligations Regarding Your Site
You will be solely responsible for
the development, operation, and
maintenance of your site and for all
materials that appear on your site.
Such responsibilities include, but
are not limited to, the technical
operation of your site and all
related equipment; the accuracy and
propriety of materials posted on
your site (including but not limited
to, all RealtySticker.com
product related materials); ensuring
that materials posted on your site
do not violate or infringe upon the
rights of any third party and are
not libelous or otherwise illegal.
We disclaim all liability for all
such matters. You hereby agree that
your site will not, in any way, copy
or resemble the look and feel of our
site nor will you do anything to
create the impression that your site
is our site or a part of our site,
including without limitation,
framing our site in any manner. You
also hereby agree that your site
will not contain any content of our
site or any materials which are
proprietary to RealtySticker.com.
6. Commission Determination
Sales of RealtySticker.com
products will qualify for a
commission when all of the following
conditions are met: (a) products are
sold by us; (b) products are
purchased by users linking to our
site from your site through a Link;
(c) customer has not prevented the
tracking of the order by not
accepting "cookies"; (d) products
are shipped by us; and (e) we have
received full payment (collectively
"Qualifying Purchases"). Commissions
will be based on the aggregate
amount actually paid to us for
Qualifying Purchases, excluding
amounts collected by us for sales,
use or other taxes; duties; shipping
and handling; credit card fraud and
bad debt; and credits for returned
goods (hereinafter "Net Sales"). All
available items on our site will be
included in the computation of Net
Sales, regardless of whether the
item is a fast delivery or special
order item. Commission rates are as
follows: Commission rate will be
equal to 10% of Net Sales for
Qualifying Purchases. Commissions
will be tracked by "cookies" linked
to customer’s Internet browser,
which shall expire thirty (90) days
after the customer’s initial visit.
The commissions paid under this
Agreement are for use by you only
and may not be transferred or in any
manner passed on to any third party
unless expressly authorized by us in
writing. You will be given a
password and have the ability to
enter a password-protected site to
receive your sales statistics on a
daily basis.
7. Commission Payment
When the total commissions due to
you for Qualifying Purchases exceed
$50, we will send a commission check
for the applicable amount.
Commission checks will be sent
approximately thirty (30) days after
the end of each month. If the
balance of your account is less than
$50, we will roll over the balance
to the next month. We may offset any
amount you owe against any payments
owed to you.
8. Policies and Pricing
Customers purchasing
RealtySticker.com products
through the Affiliate Program will
be deemed our customers. All rules,
policies, terms, and conditions and
operating procedures concerning
customer orders, customer service,
and RealtySticker.com product
sales will apply to those customers.
We reserve the right, in our sole
discretion, to reject orders that do
not comply with certain
requirements, which we may establish
from time to time. All aspects of
order processing and fulfillment,
including order entry, customer
service, shipping, cancellations,
returns and payment processing will
be our responsibility. We may change
our policies and operating
procedures, including pricing, at
any time. We will determine, in our
sole discretion, the prices to be
charged for RealtySticker.com
products sold under the Affiliate
Program in accordance with our own
pricing policies. You may not
include price information on your
site unless pricing information is
made available on links we provide.
Prices and availability of
RealtySticker.com products may
vary from time to time. We will use
commercially reasonable efforts to
present accurate information, but we
cannot guarantee the availability or
price of any particular product.
9. Customer and Sales Information
We will own all right, title, and
interest (including all intellectual
property rights) in and to all
information that is created or
collected in connection with this
Agreement, including, without
limitation, (a) any contact
information collected from any
customer who enters the
RealtySticker.com site from a
link from your site ("Affiliate
Customers") and (b) any information
regarding click-through rates or
product purchases by Affiliate
Customers ("Sales Information").
Subject to the terms and conditions
of this Agreement, we grant you a
limited worldwide, non-exclusive
paid-up license to use the Sales
Information only to the extent
necessary to fulfill your
obligations under this Agreement.
You agree not to disclose any Sales
Information or Affiliate Customer
contact information to any third
party without our prior written
approval, which we may withhold at
our sole discretion. You agree not
to send Affiliate Customers e-mail
communications promoting your site
as an affiliate of us or otherwise
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