Affiliate Terms and Conditions
Terms Of Use
Agreement:
Welcome to the Web site operated by PaintScratch, Inc. a
Nevada Corporation. We
maintain this Web site as a service to its visitors. By using this Web
site, you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms carefully. If you do not agree
to these terms, you have no right from PaintScratch, Inc. to obtain
information from or otherwise use this Web site. Failure to use this Web
site in accordance with the following terms of use may subject you to
severe civil and criminal penalties.
Affiliate
Limitations
You cannot sign up as an affiliate, place a link on your own site and
place an order to earn the commission. Your order will still be shipped,
but you will not be entitled to any commission. You cannot use your own
affiliate number to place orders for yourself.
Payments
Payments are made by the 15th of the month for all orders placed last
month.
PayPal
You must have a PayPal account to become a PaintScratch affiliate. We only
make payments to our affiliates using Paypal. We do not send out checks.
Introduction:
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to this Web site (the
"Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to
the Site, the content and computer programs provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to each use of the Site.
Copyright:
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed under "Limited Right to Use"
below, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting
by PaintScratch, Inc. of information or materials on the Site does not
constitute a waiver of any right in such information and materials.
Copyright and
Service Mark Information:
Copyright © PaintScratch, Inc. 2010, all rights reserved. "PaintScratch
, Inc.,"PaintScratch"
and associated logos are protected service marks of PaintScratch.
in the United States and other countries. "Windows" and
"Windows Media" are trademarks of Microsoft, Inc. in the United
States and other countries. All other trademarks are the property of their
respective owners.
Limited Right to
Use:
The viewing, printing or downloading of any content, video, audio,
graphic, form or document from the Site grants you only a revocable,
nonexclusive license for use solely by you for personal, noncommercial
purposes limited to the use as is reasonably required to view and listen
to the content and navigate through the pages and links generally
available to the public using a standard Internet browser and standard
media player, and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, graphic, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal, noncommercial use (but not for
resale or redistribution).
Editing, Deleting
and Modification:
We reserve the right in our sole discretion to change, edit or delete any
documents, information or other content appearing on the Site.
Indemnification:
You agree to indemnify, defend and hold PaintScratch, Inc. and their respective
directors, officers, shareholders, employees, agents, attorneys,
merchants, and affiliates (collectively, "Our Affiliated
Parties") harmless from any liability, loss, claim or expense,
including reasonable attorneys' fees, related to your use of the Site or
violation of this Agreement.
Nontransferable:
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents from the Site is not
transferable.
WARRANTY
DISCLAIMER AND LIMITATION OF LIABILITY:
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PaintScratch, INC. DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY
COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR
THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B)
THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE
SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT
DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F)
REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION,
OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS'
PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT
AVAILABLE FROM OR THOUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY
CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION
AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF,
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
Links to Other
Web Sites:
The Site may now, or hereafter from time to time, contain links to
third-party Web sites. We do not control, investigate, monitor or check
such Web sites, we are not responsible for the computer programs available
from, content in or opinions expressed at such Web sites, and we do not
investigate, monitor or check. We provide such third-party links only as a
convenience to visitors of the Site, and the inclusion of a link does not
imply approval or endorsement of the linked site by us. If you decide to
leave the Site and access any third-party Web site, you do so at your own
risk.
Forward-Looking
Statements:
The Site may now, or hereafter from time to time, contain certain
statements or information with respect to (i) the projection of revenues,
income, earnings per share, capital expenditures, dividends, capital
structure, or other financial items relating to us; (ii) our plans,
objectives and/or projections for future operations, including those
relating to our products or services; (iii) our future economic
performance; and (iv) other projections, estimates or forward-looking
statements relating to us. All such statements and information are
forward-looking statements within the meanings of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the Securities
Exchange Act of 1934, as amended. Such forward-looking statements are
based upon, or will be based upon, our judgment with respect to future
events and are subject to a number of uncertainties and risks that could
cause actual results or circumstances to differ materially from those
expressed in the forward-looking statements. For further detail and
information concerning such risks and uncertainties, please consult our
reports and other documents and information now and hereafter on file with
the Securities and Exchange Commission.
Information and
Press Releases:
The Site contains interviews, discussions, press releases and other
information (collectively, "Information") about us, our business
and our services, including links to third-party websites that contain
such Information, which are being provided as a convenience to visitors of
the Site. While all Information prepared by PaintScratch, Inc.
was believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update any Information. Statements concerning companies
other than PaintScratch, Inc.
that are contained in any such Information should not be relied upon as
being provided or endorsed by us. The opinions expressed in any
Information, including by employees and agents of PaintScratch, Inc.,
are solely those of the author(s) and do not necessarily reflect those of PaintScratch, Inc..
With respect to Information, contained in links to third-party
websites, please refer to "Links to other Websites" above.
Export Control:
Any text, logos, designs, graphics, images, sounds, information,
documents, or other materials (collectively, "Materials")
available from or through the Site are or may be subject to United States
export controls. No such Materials from this site may be downloaded or
otherwise exported or re-exported (1) into (or to a national or resident
of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other
country to which the United States has embargoed goods; or (2) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Denial Orders (each, a
"Restricted List"). By using or downloading any Materials from
the Site, you are warranting that you are not located in, under the
control of, or a national or resident of any such country or on any
Restricted List.
Visitors'
Communications:
Except where expressly provided otherwise by us, all comments, feedback,
information, or materials that you submit through or in association with
the Site shall be considered non-confidential. By submitting such
comments, feedback, information, or materials to us:
i. You represent and
warrant that PaintScratch, Inc.'s use of
your submission does not and will not breach any agreement, violate any
law, or infringe any third party's rights;
ii. You represent and warrant that you have all rights to enter into this
agreement;
iii. PaintScratch, Inc. is free
to use in any manner all or part of the content of any such communications
on an unrestricted basis without the obligation to notify, identify or
compensate you or anyone else; and
iv. You grant PaintScratch, Inc.
all necessary rights, including a waiver of all privacy and moral rights,
to use all comments, feedback, information, or materials, in whole or in
part, or as a derivative work, without any duty by PaintScratch, Inc. to
anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.
Miscellaneous:
The Site can be accessed from different locations around the world and may
contain references to PaintScratch, Inc.
services, and programs that have not been announced where you are located.
These references do not imply that PaintScratch, Inc.
intends to announce such products, services or programs where you are
located. This Agreement shall be treated as though it were executed and
performed in Santa Barbara, California, and shall be governed by and
construed in accordance with the laws of the United States of America and
of the State of California (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or information,
documents and other materials contained therein) must be instituted within
one (1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth under
"Disclaimer" above. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against you or
us. You expressly submit to the exclusive personal jurisdiction and venue
of the Superior Court of Washoe
County and the United States District Court for the Central District of Nevada
with respect to all matters relating to this Agreement or your use of the
Site, and consent to extra-territorial service of process in connection
therewith. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To
the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.
Spam (Unsolicited
email)
The use of spam email will result in immediate cancellation of your
PaintScratch.com affiliate account. Not only is spam annoying to the
people who receive it, but it can result in the suspension of our web
hosting agreement with our provider which could shut our site down. Don't
even think of sending out spam with our names on it as we will fully
prosecute you for any damages resulting from you sending out spam.
