EasyDaySnap.Com Affiliate Terms and Conditions

EasyDaySnap.Com Terms of Service Affiliate Agreement

By registering with EasyDaySnap.Com Affiliate agrees to the following:

1. Consent.
You must be at least 18 years of age to register with EasyDaySnap.Com to become an Affiliate. EasyDaySnap.Com may require that Affiliate provide sufficient proof that are at least 18 years of age.

2. Compensation.
EasyDaySnap.Com will pay an Affiliate the fee specified on the Website or by separate schedule for each download of an image file by a user.

3. Copyright. The copyright of all content is retained by a Photographer.

4. Affiliate Warranties and Responsibilities.
(a) Affiliate ID. Upon your registration as an Affiliate of EasyDaySnap.Com, you may be asked to choose an Affiliate ID to identify yourself to EasyDaySnap.Com staff. You may not select or use an Affiliate ID of another person (unless it is also your name), or a name which violates any third party's trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which EasyDaySnap.Com deems in its discretion
to be vulgar or otherwise offensive. EasyDaySnap.Com reserves the right to delete any vulgar or otherwise offensive Affiliate ID, or to require deletion thereof.
(b) Former Affiliates. Affiliates whose accounts have been terminated by EasyDaySnap.Com may not access EasyDaySnap.Com in any manner or for any reason without the express written permission of EasyDaySnap.Com. Active Affiliates may not knowingly allow former Affiliate who have been terminated to use the active Affiliates' accounts.
(c) Commission Payment on all purchases made under Affiliate ID shall be due 60 (sixty) days from the date of purchase and will only occur if Commission amount reached US $10. If Affiliate's Commission due is less than US $10 - it will roll-over to the next payment date.
(d) Commission shall be paid to Affiliate's PayPal Account and Affiliate agree to receive commission payments by PayPal. No other ways of payment considered by EasyDaySnap.Com.
(e) While receiving Commission payments Affiliate agree to pay PayPal money transfer charges.
(f) Commissions paid in US funds only. EasyDaySnap.Com is not responsible for PayPal's currency exchange rates.

5. Indemnification
Affiliate shall indemnify, defend and hold harmless EasyDaySnap.Com, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneysÕ fees and costs) and damages in consequence thereof. EasyDaySnap.Com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse AffiliateÕs indemnity obligations. 6. Control of Operations (a) EasyDaySnap.Com, in its sole discretion, may remove any content uploaded to the Website including that appearing to infringe the intellectual property rights of others
(b) Affiliate Privacy. EasyDaySnap.Com may access and disclose any information about Affiliate, AffiliateÕs accounts, or any content Affiliate provide to the Website if EasyDaySnap.Com believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or users. (c) EasyDaySnap.Com reserves the right, but does not assume the responsibility, to restrict conduct which EasyDaySnap.Com deems in its discretion to be harmful to individual members, damaging to the communities that use EasyDaySnap.Com, or in violation of EasyDaySnap.Com's or any third party's rights.

7. Disclaimers
(a) EasyDaySnap.Com expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade. (b) EasyDaySnap.Com, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through EasyDaySnap.Com. From time to time the porting of particular content may not be feasible and EasyDaySnap.Com may remove any such content from the Website without any liability to Affiliate. (c) EasyDaySnap.Com assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from EasyDaySnap.Com.
(d) EasyDaySnap.Com makes no warranty that service will be uninterrupted, timely, secure, or error free. EasyDaySnap.Com makes no warranty as to the use or the results that may be obtained from the use of EasyDaySnap.Com.
(e) EasyDaySnap.Com makes no warranty with respect to any related software or hardware used or provided by EasyDaySnap.Com in connection with EasyDaySnap.Com. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.

8. Termination
Either you or EasyDaySnap.Com may terminate your account Affiliate with EasyDaySnap.Com at any time with or without cause. Your only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of EasyDaySnap.Com in operating EasyDaySnap.Com, (ii) content available through EasyDaySnap.Com or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your account with EasyDaySnap.Com by notifying EasyDaySnap.Com Affiliate Support of your desire to terminate by e-mail. Your notice of termination will be effective upon receipt by EasyDaySnap.Com, or upon receipt of confirmation if confirmation is requested.

9. Severability.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.

10. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Stroudsburg, Pennsylvania pursuant to the rules of the Arbitration Act in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Pennsylvania, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of Pennsylvania. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

11. Legal Fees and Jurisdiction
If EasyDaySnap.Com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse EasyDaySnap.Com for its legal fees, costs and disbursements if EasyDaySnap.Com is successful. You agree that the Courts of the State of Pennsylvania are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.

12. Entire Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
This Agreement comprises the entire agreement between EasyDaySnap.Com and Affiliate, and supersedes any prior agreements. EasyDaySnap.Com reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate your Affiliate account as provided in Section 8. Your continued use of EasyDaySnap.Com following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.

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