By participating in the Yarie Revenue Sharing Program, both Yarie
( "Publisher") and you ( "You" or "Domain Name Owner" or "Website Owner") are accepting and agreeing to all of the following program terms.
ACCEPTANCE OF DOMAIN NAME OR WEBSITE FOR REVENUE SHARING PROGRAM
Publisher and You agree that initial acceptance of a particular domain name or website offered for inclusion into the Yarie Revenue Sharing Program by the Domain Name Owner or Website Owner, is within the sole and exclusive discretion of the Publisher and acceptance may be denied for any reason or no reason, on a case by case basis per offered domain name or website. Once a partner has domain names or websites launched via the Yarie revenue sharing program, additional domain names or websites may be added down the line and these domains or websites will adhere to this agreement as well. The Yarie website revnue sharing program has a $80 minimum requirement. Anyone generating under $80 will be paid in full for the respective month, however their account will be closed at the end of the month.
DOMAIN NAME AND WEBSITE RESPONSIBILITIES
2. Prohibited Conduct and Fraud Protection: You agree not to engage in any type of fraudulent activity, including, but not limited to, sending fraudulent or incentivized traffic to a Published Domain Name Site or Website. You are prohibited and agree to refrain from using any device, program, web bot, robot, automatic redirecting of users, autospawning of browsers or any other technique or means of generating automated click-throughs. You and your agents, principals, and employees are prohibited from visiting the Published Domain Site or Website for the purpose of clicking on an advertiser link. You are also prohibited from having anyone else, or incentivizing anyone else to visit any of your Published Domain Name Sites or Websites for the purpose of clicking onto an advertiser link.
3. Tax Information: Publisher is required to collect certain tax-related information. You must fill out and fax over Form W-9 prior to publication and hosting of the Published Domain Name Site or Website. The Publisher's fax number is (615) 858-8789 - please be sure to write "Attention: Yarie, Form W-9" on the cover of your fax. Please be aware that you are welcome to consult a tax advisor to help answer questions regarding how tax laws apply to you and/or your business. For these, and other legal purposes, please note that the revenue sharing agreement is not intended to create a "partnership" in the legal or tax sense and that the parties herein remain independent businesses at arms length notwithstanding any language to the contrary in this agreement or in any other Yarie materials or web sites.
4. Domain Name Owner and Website Owner Warranties: You warrant and represent that you are the sole owner of the registered domain name(s) or Website(s) offered for acceptance in the Yarie Revenue Sharing Program. You also warrant and represent that such domain name(s) or website(s) do/does not infringe upon any trademarks or service marks or any other intellectual property rights of third parties. You further represent that: You have the requisite power and authority to enter into this Agreement and perform the obligations set forth herein; that you are an adult at least eighteen (18) years of age; that performance under this Agreement does not and will not constitute a breach of any existing contract or obligation undertaken by You; and that there are no outstanding orders, judgments, decrees, rules or regulations which would preclude you from entering into this Agreement.
5. Confidentiality and Intellectual Property Rights: You are obligated to keep any information obtained from Publisher regarding its search partners and revenue share payments confidential, it being understood that such information is trade secret information owned by Publisher.
6. Indemnification: You agree to indemnify and hold harmless Publisher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and Search Engine Partners (the "Indemnified Parties") and agree that the Indemnified Parties will have no liability, cost or expense in connection with your participation in the Yarie Revenue Sharing Program. You agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.
You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the
domain name(s) or website(s) accepted into the Yarie Revenue Sharing Program or advertisers published on your Website via the Yarie Revenue Sharing Program.
3. Payment: Throughout the term of this Agreement, You will be paid on a monthly basis when traffic is directed through the Yarie Revenue Sharing Program . Publisher will agree to pay you a majority portion of the revenue that Yarie is paid from your Domain Name or Website. Revenue is defined as any revenues paid to Yarie via advertiser, pay per click search engine, or other distribution network, referable to the Published Domain Site or Website. Reported earnings aren't final until payment has been sent to "Publisher" as click throughs may be audited or screened after a month has ended. Monthly payments are paid to You fifteen (15) days after the last day of any month in which the Published Domain Site or website generates revenue.
The term of this Agreement ( "Term" ) is indefinite and may be canceled by either party at any time, as to any or all domain names or websites accepted into the Yarie Revenue Sharing Program. Once an Agreement is terminated, the Domain Name or Website Owner will, within 15 days after the last day of the month in which the agreement is terminated, be paid for any revenues that allocated to the affected account under the Yarie Revenue Sharing Program.
PUBLISHER DISCLAIMER AND LIABILITY LIMITATION
APART FROM THE SPECIFIC PUBLISHER RESPONSIBILITIES SET FORTH HEREINABOVE, Yarie MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE Yarie ADVERTISERS, SERVICES OR INFRASTRUCTURE. PUBLISHER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE PUBLISHED DOMAIN SITE(S) or WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PUBLISHED SITE(S) OR THE SERVER(S) THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CLICK THRU'S OR WEBSITES ACCESSED FROM THE PUBLISHED DOMAIN SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. LINKS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PUBLISHER. MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME AS AND WHEN IT SEES FIT.
PUBLISHER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISER LISTING PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PUBLISHER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT OF REVENUE REALIZED BY PUBLISHER FROM THE PUBLISHED DOMAIN SITE, AS REDUCED BY AMOUNTS PAID TO YOU ON ACCOUNT OF SAME.