1. Participation in the Program

Any individual or legal entity (further "Partner") can participate in this affiliate program (further "Program"). As used in this Agreement, "we" means AGAVA, and "you" means the applicant. "User" means World Wide Web surfer. "Site" means a World Wide Web site and, depending on the context, refers either to AGAVA's site or to the site that you will create within the bounds of Program. You accept terms and conditions of the Agreement as they are and agree to them. In case of disagreement to terms and conditions of the Agreement you must not use the Program.

2. Registration

In order to participate in the Program and become Partner you must fill the following registration form. You must provide us with true and actual information. We may reject your application if we determine that the information is not actual. Don't use the words sex, porn, xxx, etc. and all their derivatives in the domain name of your Site . Otherwise we will reject your application.

3. Advertising

We leave the promotion of your partner's Site to your sole discretion. You have right to use banners of Google AdSense and other PPC advertising services in order to draw more traffic to your Site. Promotion of Program by means of SPAM as well as on web resources popularizing and promoting violence, illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age or violate intellectual property rights is strongly prohibited. Advertising of the Program on AGAVA web sites is also prohibited.

4. Attraction of Users

Commission is paid for complete registrations performed by User attracted by your Site. If User was engaged by several Partners commission will be paid to Partner who was the last to bring the User. The tracking is possible only if User's browser supports cookies and downloads graphics.

5. Commission

Commission is paid monthly via PayPal/WebMoney/Assist system. The minimum outpayments are $10. Commissions under $10 will be accumulated and rolled over to the next month.

Commission rate depends on the number of registrations originated from your Site and quality of traffic. Before assigning you a certain level moderators consider both these factors.

1^st level 1-100 registrations: 1 cent/user
2^nd level 100-250 registrations: 2 cents/user
3^rd level up from 250 registrations: 2 cents/user

You also get 30% from all Google Adwords advertising (if you choose this option for your partner site) originated from your site created within the bounds of the Program. If you run 2nd level domain your get 20% from Google Adwords advertising.

If you violate terms and conditions of the Agreement we may reduce your commission or withdraw it completely. This depends on the seriousness of the violation.

6. Subscription to Mailing List

After registering with the Program you will receive e-mails from mailing list service Zinister.com You are free to unsubscribe at any moment at Zinister.com or following the link in e-mail. You are also automatically subscribed to mailing list "To the Participant of Agava.com Affiliate Programs".You can't unsubscribe from it while you are a participant of our affiliate program.

You will stop receiving e-mails if you (or we) decide to break our partnership. This process is described in the paragraph 9 of the Agreement "Conditions of the Agreement Denouncement"

7. Use of Trade Marks

You must not delete our text link from pages of your Site created within the bounds of the Affiliate Program. If we find out that the link is deleted, or not active, or closed for indexation by any mean you will be sent an e-mail notification. In case of ignoring our requirements your account will be terminated and no commission will be paid. This requirement concerns sites hosted on our servers and having domain name of the 3^rd level.

You are granted a nonexclusive, nontransferable, reflexive right to use logos, trade marks, graphics and text materials which are given at your disposal within the bounds of the Program. You are allowed to use these materials in compliance with terms and conditions of the Agreement only. It's prohibited to use these materials to advertise web-sites that don't participate in the Program. You are not allowed to modify or change these materials without our permission.

You also give us nonexclusive, nontransferable, reflexive right to use titles, logos, trade marks for the purpose of advertisement and promotion of the Program. If you are not the sole proprietor of these materials and use of such materials can lead to violation of intellectual rights of an individual or organization, you must inform us about this fact in the process of registration.

Both parties agree not to use materials and titles belonging to each other in any way which may mislead or present in a negative light any party or their relationships or the Program.

8. Terms of Agreement and Modifications

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. The current version of this Agreement is available at the address http://affiliates.agava.com/affiliate-partner-agreement.html. Any changes to the Agreement will be also sent out by means of the mailing list "To the Participant of Agava.com Affiliate Programs" through the mailing service Zinester.com.

9. Conditions of Agreement Denouncement

The terms 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. If you don't violate terms and conditions of Agreement you will receive commission earned up to the moment of the denouncement of the Agreement following the procedure described in the paragraph 5 of Agreement "Commission".

If you decide to terminate the Agreement you must use the registration refusal form in the Program interface.

10. Responsibilities of the Parties

We don't bear any responsibility for any faults in the work of the Program: e.g. standstills, errors and stoppages. You agree to use the Program as it is at your own risk. We also don't bear any responsibility if you or any third party suffer any damage in the course of the Program use.

11. Dispute Settlement

Dispute settlements between parties are carried out by means of negotiations. If the dispute is not settled it will be examined judicially in accordance with the laws of the locale state.

12. Annex 1 to Affiliate Partners Agreement

You are not allowed to reward users for registration on our Site. All attempts to violate terms and conditions of the Agreement are tracked in real-time mode. However the final decision concerning blocking of the account, reduce of commissions or terminating of the Agreement is taken by a human being (in order to avoid any mistake). Blocking of the accounts is carried out monthly before commissions are paid out. Even if there are earned money on your account it will be blocked temporarily to examine your activity for violations. If we reveal violations of terms and conditions of Agreement your commission will be reduced or withdrawn at all (even that part, which was earned honestly).We ask you badly not to try to cheat us in order not to waist our and your precious time and efforts. You are not allowed to use any programs and services simulating human activity on our site. This will also end in punitive measures.

13. Annex 2 to Affiliate Partners Agreement

If your Site doesn't have a registered user within the last 30 days it will be deleted. You will receive an e-mail notification in a week period before terminating your account.

Feel free to send your questions to affiliate_support@en.agava.com.