1. Infolounge: Terms of Service
(
Affiliate Program)

Agreement: By signing up to be an Affiliate in the Infolounge Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Infolounge reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Infolounge cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Infolounge product accounts.

Links/graphics on your site, in your emails, or other communications: Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Infolounge. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Infolounge. You must ensure that each of the links between your site and the Infolounge properly utilizes such special link formats. Links to the Infolounge placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Infolounge product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment: For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://infolounge.us and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a Infolounge Affiliate: You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Infolounge or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule: As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.

Customer definition: Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws: As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program: The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://infolounge.us, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Infolounge reserves the right to end the Program at any time. Upon program termination, Infolounge will pay any outstanding earnings accrued above $20.

Termination: Infolounge, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Infolounge service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Infolounge reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability: We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers: We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Infolounge will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration: Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous: This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Infolounge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Infolounge and govern your use of the Service, superceding any prior agreements between you and Infolounge (including, but not limited to, any prior versions of the Terms of Service).

2. Infolounge: Terms of Service/Agreements
(website development, SEO, & Video Branding)

Terms of Agreement: Nothing in this agreement obligates the Contractor(s) crayton.communications, LLC and/or crayton.infotainment to accept the project of WebSite Design, Development, Hosting and/or Video Production Services for the Client. In the event the Contractor(s) voluntarily terminates or suspend their services before the end of the project or after the project is completed and not been paid, this is the financial responsibility of Client to pay all remaining unpaid hours until the termination or suspended period. The contractors must give a twenty four hour notice upon the voluntary termination or suspension of the project. The Client must also give a twenty four hour notice to the Contractor(s) if they are voluntary terminating the project, unless the project is completed. All remaining outstanding bills must be paid until the termination or suspension period, to the Contractor(s) for work accumulated, plus a $250.00 service fee.

Payment For Services: Payment for services will be paid to the project coordinator, crayton.communications, LLC and/or crayton.infotainment. Bills for WebSite Design, Development, Hosting and/or Video Production Services will be billed as follows. 1/3 down payment before project starts, at contract signing. 1/3 due at end of first round proof by client 1/3 Remaining Balance due at the final upload of the website to server. Bills will be, submitted and paid in person at the times listed above. All projects will be quoted before starting the project, the above 1/3 down payment is based on the quote. All prices are subject to change according to circumstances that may arise, all price changes will be discussed with the client as soon as they arise. The 1/3 down payment or deposit is nonrefundable after 72 hours.

Confidentiality: Any and all WebSite Design, Development, Hosting and/or Video Production Services is under the strictest confidentiality. Under no circumstances shall the Client or the Contractor(s) discus any techniques, content, or secretive information (i.e.. passwords, server information, etc.) In the event that the Client would like to share information with other persons there must be an established line of communication between the Client and the Contractor(s) on what may be discussed or released.

LIABILITY: The Contractor(s) is not responsible or liable for any content contained within the WebSite Design, Development, Hosting and/or Video Production Services service, and is not responsible for any unlawful act in which the Client may be engaged in, unknowingly to the Contractor. The Contractor(s) is not liable for any corruption within the WebSite Design, Development, Hosting and/or Video Production Services , if altered or changed by the Client or the Clients employees. Contractor is not responsibility for any down time associated with hosting & other services preformed for the client.

Ownership Of intellectual property: Unless Contractor(s) and Client reach a written agreement to the contrary, the Contractor(s) who is the creator, designer and/or developer, agrees for itself and its personnel that pursuant to the client’s requirement, all WebSite Design, Development, Hosting and/or Video Production Services files; that are used in the final presentation platform, with the exclusions of applications and documents used to create such files, created in part or in whole, by the Contractor(s) is the property of the Client to be used only for its intended purpose, unless approval is given by the Contractor(s) to be reused in other environments by the Client or any other Contractor(s). The Client must have reference to the name of the designing Contractor(s) within the final copy and must willing give the Contractor(s) a copy of all files for their portfolio.

The Owner being the Contractor(s) has complete control of the above materials and creations, including copyright, patent rights, and all other intellectual property rights therein and the material can not be reused unless permission has been approved by the Contractor(s). The Contractor(s) can reuse the existing material on other websites for his clients.

2. Infolounge: Terms of Service/Agreements
(hosting)

Terms/Agreements: This is a legal and binding agreement between you, the Customer, and crayton communications. By using, installing or accessing the crayton communications website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the crayton communications web site, all services will be discontinued, activation of the account will cease and your account terminated.

END USER LICENSE AGREEMENT

LICENSE GRANT: Subject to the provisions contained herein and payment of applicable
fees, crayton communications hereby grants to you a non-exclusive, nontransferable, license
to use its accompanying proprietary software application products offered on the
crayton communications web site (“Software”,) for your own use. Such Software is protected
by the crayton communications laws of the United States and international crayton communications
treaties.

RESTRICTED USE: All rights not expressly granted herein are retained by crayton communications
and its licensors. Except as stated above, this Agreement does not grant the Customer
any intellectual property rights in the Software. Customer shall not rent, lease,
transfer or sublicense the Software. Customer shall not under any circumstances nor
shall Customer permit a third party to
(i) decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or
discover the source code of the Software or
(ii) prepare derivative of the Software or (iii) remove any product identification,
crayton communications, trademark or other notice from the Software. Any such copy made
by you shall be subject to this Agreement and shall contain all of crayton communications’s
notices regarding crayton communications’s, trademarks and other proprietary rights as
contained in the Software originally provided to you.

TITLE: The Software’s organization, structure, sequence, logic, and source code are
valuable to the Company. Any and all title, ownership rights, and intellectual
property rights in and to the Software and Documentation shall remain at any and all
times in crayton communications and/or its suppliers. Title, ownership rights, and
intellectual property rights in and to the content accessed through the Software is
the property of the applicable content owner and may be protected by applicable
crayton communications or other law. This License does not give Customer any rights to
such content.

LIMITED WARRANTY: crayton communications warrants to the Customer, for a period of
ninety (90) days from the date of this agreement, installation of Software, or
use of services, whichever is earlier, that it will replace any defective media
on which the Software is provided and that the Software, if not modified and if
properly installed and used, will substantially conform to the material
specifications set forth in the documentation, Such warranties are for the
Customer’s benefit only and are not transferable. crayton communications does not
warrant that the Software will operate error free or uninterrupted or will meet
your requirements. Except for the express warranties stated in this section, the
Software are licensed “as is” and crayton communications specifically excludes and
disclaims all warranties of merchantability, fitness for a particular purpose,
statutory noninfringement of third party intellectual property rights and any
warranty that may arise by reason of trade usage, custom or course of dealing
and Customer hereby expressly waives any and all such warranties.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL crayton communications OR ITS SUPPLIERS OR RESELLERS BE
LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF
crayton communications’S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION,
EYEN IF crayton communications SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION
MAY NOT APPLY TO YOU.

EXPORT CONTROLS: You may not download, use or otherwise export the Software or any
underlying information or technology except in full compliance with all United
States and other applicable laws and regulations. In particular, but without
limitation, none of the Software or underlying information or technology may be
downloaded, used or otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Deny Orders. By downloading or using the Software,
you are agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any such
country or on any such list.

TERMINATION: This Agreement is effective until terminated. crayton communications
may terminate this Agreement immediately if Customer attempts to reverse engineer
the Software or otherwise violate any of the restrictive uses as described herein.
Otherwise, this Agreement may be terminated by either party for a breach of any of
its material terms, provided the non-breaching party provides to the breaching party
30 days written notice describing such breach and offering the breaching party an
opportunity to cure. Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement. Should this Agreement be
terminated for your material breach, Customer agrees to remove all copies of the
Software or any part of the Software from any and all computer storage devices,
and destroy the Software and all Documentation. At crayton communications’s request,
Customer or any of Customer’s authorized signatory on the account, shall certify
in writing to crayton communications that all complete and partial copies of the
Software and the Documentation have been destroyed and that none remain in
Customer’s possession or under its control. The provisions of this Agreement except
for the Section 1, “License Grant,” shall survive.

MISCELLANEOUS: This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and supersedes
all prior agreements and representations between them. It may be amended only
by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET
FORTH HEREIN, AND crayton communications AGREES TO FURNISH TFE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make.
It enforceable, and such decision shall not affect the enforceability
(i) of such provision under other circumstances or
(ii) of the remaining provisions hereof under all circumstances. Headings shall
not be considered in interpreting this Agreement. This Agreement shall be
governed by and construed under the law of crayton communications <state> as such law applies
to agreements between crayton communications <state> residents entered into and to be performed
entirely within crayton communications <state>, except as governed by Federal Law. This
Agreement will not be governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is hereby expressly
excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS: Use, duplication or disclosure by the
Government is subject to restrictions set forth in subparagraphs (a) through
(d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when
applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and in similar clauses in the
NASA FAR Supplement. Contractor / manufacturer is crayton communications.