Terms & Conditions
Publisher shall include codes provided by Andes Network to enable the display of advertisement materials to visitors of Publisher's site. Publisher shall not modify the codes or Intellectual Property, which is herein licensed to Publisher. Publisher is solely responsible for the creation
and maintenance of its own web site and for all content that appears on Publisher's web site. Publisher may not issue any press release or other public statements regarding this Agreement without Andes Network's prior written consent.
2. Application Process
You may apply to join the Andes Network Publisher Program by completing the form insertions appearing on the account application page of the Andes Network web site and then clicking the "Submit" button. By clicking on the "Submit" button you acknowledge that you have read,
accepted and agreed to be bound by these Terms & Conditions, as they may be modified from time to time by any Updated Conditions.
3. Term and Termination
3.1 Term. This Agreement shall begin on the Effective Date and remain in effect for an initial term of one (1) year. Unless terminated by either party upon ninety (90) days? notice prior to the end of the initial term or any renewal term, the Agreement shall automatically renew for successive one (1) year terms.
3.2 This Agreement may be terminated at any time by a party, effective immediately upon written notice, if the other party: (i) files a voluntary petition in bankrupt, (ii) makes an assignment for the benefit of its creditors, or (iii) breaches any of the material terms of this Agreement which breach is not remedied within thirty (30) days from receipt of written
notice of such breach. Company may terminate this Agreement, or any Program or Ads, effective upon written notice to Company, for any reason or no reason. Publisher agrees that if instructed to do so by Company and/or if this Agreement terminates, Publisher will immediately discontinue the use of the Service and any Site Data.
3.3 In the event of termination of this Agreement: Sections 3, 4, 6, 9 through 13 shall survive.
Andes Network will pay you any Referral Fees earned monthly, provided that your account is currently greater than $50. Accounts with less than $50 will roll over to the next month, and will continue to roll over monthly until $50 is reached. We reserve the right to charge back your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Andes Network does not guarantee payment to the Publisher if the Advertiser does not pay Andes Network. In the event Advertiser does not make payments to Andes Network, Andes Network assigns its rights to the Publisher to recover any unpaid fees. You hereby release Andes Network from any claims for Referral Fees if Andes Network has not received such funds from the Advertisers.
Andes Network reserves the right to terminate any Affiliate's contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system in anyway or commits any fraudulent acts, then, as outlined above, Andes Network is not liable to the Affiliate for any payments whether or not the Affiliate thinks it has earned the payment through non-fraudulent means.
At the agreed to Campaign Terms and provided that Publisher complies with all provisions of this Agreement, Company hereby grants to Publisher a nonexclusive, limited, revocable, non-transferable license to (a) market, display, perform, copy, transmit, and promote the Campaigns subject to the terms of this Agreement and the Campaign Terms; and (b) use the Andes Network
site subject to the terms of this Agreement and the Campaign Terms. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the Andes Network software, applications, data, methods of doing business or any elements thereof. You may only access the Andes Network site via web browser, email or in a manner approved by Company. Your use of the Andes Network site or individual Campaigns in violation of this Agreement is strictly forbidden and will result in immediate cancellation of the above described limited license and may further result in Publisher being held liable under applicable law.
Publisher warrants that it will not send any commercial email to any person who has requested not to receive email from the Publisher and/or Advertiser and that they are in full compliance with the Can-Spam Act. Publisher also understands that upon doing so it automatically forfeits the right and claim to any revenue generated for its account, and Publisher's account will be
immediately terminated. Publisher further agrees that all of Publisher's business will be in compliance with all local, State, and Federal anti-spam policies and all other applicable laws.
8. Reselling Data/Campaigns
Publisher agrees not to broker or resell any campaigns or creative materials from Andes Network's Advertisers, or Agencies to any other party without express written permission from Andes Network. Publisher also understands that upon doing so, it automatically forfeits the right and claim to any revenue generated for its account, and its account will be immediately terminated. Breach of this provision will cause Publisher and its web property to be liable for
all damages related to such breach.
ALL GOODS AND SERVICES OFFERED BY ANDES NETWORK ARE PROVIDED ON AN "AS IS" BASIS.
ANDES NETWORK DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESSED, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
ANDES NETWORK WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY, ONLINE AND PAYMENT DATES, BUT MAKES NO GUARANTEE AND WILL NOT BE HELD LIABLE FOR FAILURE TO MEET SAID DATES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANDES NETWORK MAKES NO WARRANTIES WITH RESPECT TO ITS SERVICES.
10. Liability Limitation
ANDES NETWORK WILL IN NO EVENT BE LIABLE TO PUBLISHER FOR (I) INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM SUCH PARTY'S PERFORMANCE OR NON-PERFORMANCE UNDER ANY PROVISION OF THIS AGREEMENT OR THE PROVISION OF SUCH PARTY'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES),
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS, OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE BY ANDES NETWORK
TO PUBLISHER DURING THE TERM. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO
THE CONTRARY, THIS SECTION SHALL NOT LIMIT PUBLISHER'S LIABILITY TO ANDES NETWORK
FOR WILLFUL AND MALICIOUS MISCONDUCT, BREACH OF CONFIDENTIALITY OBLIGATIONS,
OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER.
Each party acknowledges that it will not disclose the confidential information of the other party, except to its employees and professional advisors and except as required by law.
Company may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Company, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of Utah. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Utah County, Utah for any actions arising from or relating to this Agreement.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
14. Force Majeure.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.
Publishers will at all times indemnify and hold harmless the Andes Network Indemnified Parties from and against any and all Losses arising out of any arising out of the Publisher's breach of any representation, warranty or obligation hereunder, or any alleged breach of any representation, warranty or obligation to any other party.
All terms or covenants of this Agreement may only be waived in writing by written instrument executed by the party waiving compliance. The failure of either party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by either party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, in anyone or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant contained in this Agreement.
The Site can be accessed from different locations around the world and may contain references to Andes Network services, and programs that have not been announced where you are located. These references do not imply that Andes Network intends to announce such products, services or programs where you are located. Andes Network may revise these Terms at any time by updating this posting.
You should visit this page from time to time to review the current Terms as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.