ClickityClams.com

You agree to abide by all terms and conditions contained in this agreement when you complete the signup process for ClickityClams.com. Violation of any part of this agreement is grounds for immediate termination without recourse or due payments. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

MEMBERSHIP
Each account created must be associated with an unique email address.
New accounts that never surf a single page during the first seven (7) days of membership will be deleted.
Accounts that do not surf a single page for 45 consecutive days will be deleted.

ADDITIONAL ClickityClams.com RESTRICTIONS:
These restrictions on the sites you advertise are grounds for account termination;

- no hate orientated sites
- no discrimination sites of any kind
- no adult pages
- no illegal or copyright infringement sites
- no frame breaker codes of any type
- no popups, including Javascript or other "Alert" type boxes.
- no exit ads, flyin ads or any other type of annoying intrusions
- no site rotators
- no pages containing viruses or banner rotations that contain viruses
- no pages containing competing Javascripts that cause our timer to stop running
- no use of any type of software to manipulate credit awards

1. ENROLLMENT IN THE PROGRAM:.

Anyone, anywhere can join. ClickityClams.com assumes no liability for individuals participating illegally.
We may reject your application if we determine that your site(s) are unsuitable for our membership.
You must maintain a positive attitude in all public discussions regarding our program.
You must maintain a deliverable email address and agree to receive email from your sponsor and the program.
You may NOT spam to promote our program. Spam is defined as being anything the recipient calls spam.

2. EARNINGS PAYMENTS:

We will pay you upon request, provided you are a certified winner of any contest we may offer.

Payments are made via AlertPay, PayPal or company check, upon request. You will be solely responsible for any taxes due on what we pay you. ClickityClams.com retains the option of reviewing all earnings prior to disbursing funds. This process may require a period of approximately fifteen (15) days. ClickityClams.com also retains the right to review all earnings for possible fraud. Any incidence of fraud or suspected fraud constitutes a breach of this Agreement, and ClickityClams.com, retains full authority to terminate your member/affiliate contract immediately, without notice and without refund of services purchased or prizes won.

Contest prizes are calculated according to formulas presented on the site.

Member Responsibilities
It is also the members' responsibility under this contract to promote the program, maintain a high daily surfing rate to maximize advertising value, recruit new members and motivate them to surf and purchase advertising services.

Purchases are non-refundable, except in circumstances deemed appropriate by ClickityClams.com.

In no event shall ClickityClams.com be liable for incentives, bonus or other rewards promised, but not delivered by ClickityClams.com members, when offered as an independent and non-program-wide incentive, bonus or reward for any action taken by the offering member's affiliates for any reason. If we determine that you have made such offers without delivering, your account is subject to indefinite suspension.

Refund Policy
You acknowledge that ClickityClams.com bears no liability to return any money paid by you for Upgrades or Services. It is your responsibility to utilize and sell services to produce a healthy earnings outlook. Your inability or unwillingness to do so is something we cannot control. Secondly, we do not insist that you purchase anything to try our program and to witness the fact that money *is* made by many people with no more skills than you. If it doesn't happen for you, it's not the program's fault, as everyone enters with exactly the same opportunity. The member's inability to configure their PC to properly utilize our services, network problems and other circumstances beyond the control of ClickityClams.com will not be deemed as legitimate grounds for refund. As long as our surfing service is functional for the vast majority of our membership, as long as functionality exists for the display of banners and Feature Links, as long as recruiting functions are operational, as long as any Earnings are paid to qualified members, you agree that ClickityClams.com has "delivered" the Services you have purchased. However, where problems may arise due to hardware or software errors, or other circumstances for which ClickityClams.com may feel responsible, we will strive to resolve any and all problems to the total satisfaction of the customer. If, after all attempts to satisfy have been exhausted, we will refund the total purchase price, if request is made within 30 days of your signup date, less a prorated fee for use of our advertising services. You will also be required to sign a form that states, among other promises, that you will refrain from initiating chargebacks or check stop payments on purchases you made. We may take up to 90 days to process refund requests. Requesting a refund indicates loss of faith in the program and a desire to sever all relationship, and will be treated as such resulting in immediate termination of all associated accounts without further notice.

3. TERM of AGREEMENT:

This term of this member/affiliate Agreement will begin upon our acceptance of your member/affiliate 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 notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement, you may not receive email notification and are not eligible to receive any Earnings payments, even for revenue earned prior to the date of termination. If this Agreement is terminated by us for any other reason, you are only eligible for earnings on sales occurring during the term of the Agreement, and revenue earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. If you terminate this agreement, you forfeit all rights to earnings, indeed, those and all other records related to your membership with ClickityClams.com will be deleted when you click the button that ends your membership.

4. MODIFICATION:

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available earnings, payment schedules/procedures, and member/affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the member/affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

5. RELATIONSHIP of PARTIES:

You and ClickityClams.com, 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 Agreement.

6. LIMITATION 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 member/affiliate 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 member/affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

7. GENERAL DISCLAIMERS:

We make no express or implied warranties or representations with respect to the member/affiliate Program or any Services or other items sold through the member/affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

8. REPRESENTATIONS and WARRANTIES:

You hereby represent and warrant to us that this member/affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this member/affiliate Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the;

a] provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or;

b] the terms of any other agreement, document or instrument applicable to you or binding upon you.

9. CONFIDENTIALITY:

We may disclose to you certain information as a result of your participation as part of the member/affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purposes of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this member/affiliate Program Agreement made specifically for your domain and not generally available to other members of the member/affiliate Program, website, business and financial information relating to ClickityClams.com customer, member/affiliate and vendor lists relating to ClickityClams.com and pricing and sales information for ClickityClams.com and any person of the member/affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

Except as otherwise provided in this member/affiliate Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this member/affiliate Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively shall remain strictly confidential and secret and shall not be utilized by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this member/affiliate Agreement.

The foregoing restrictions will not apply to information to the extent it

1] was known to the receiving party at the time of disclosure;

2] has become publicly known through no wrongful act of the receiving party;

3] has been rightfully received from a third party under no obligation to the disclosing party;

4] has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure or;

5] is consumer information collected on ClickityClams.com website or from their electronic publication(s) mailing list(s) and is used for marketing purposes provided that ClickityClams.com, will not sell or transfer the information to any third party for their use.

10. INDEMNIFICATION:

You hereby agree to indemnify, defend and hold harmless ClickityClams.com, its shareholders, officers, directors, employees, agents, affiliates, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney's fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on;

1] any claim or threatened claim that our use of the member/affiliate Trademarks infringes on the rights of any third party;

2] the breach of any representation or warranty made by you herein; or,

3] or any claim related to your site.

11. INDEPENDENT INVESTIGATION:

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS member/affiliate 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 COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN OUR member/affiliate PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

12. EARNINGS DISCLAIMER:

ClickityClams.com OFFERS NO CLAIMS, WRITTEN OR OTHERWISE, TO SUGGEST OR IMPLY, ANY EARNINGS FROM THIS member/affiliate PROGRAM. ALL EARNINGS FROM THIS member/affiliate PROGRAM WILL BE GENERATED SOLELY BASED ON THE EFFORTS AND PERFORMANCE OF THE INDIVIDUAL and COLLECTIVE members/affiliates. ANY AND ALL REFERENCES TO INCOME ON OUR WEB SITES OR IN OUR ELECTRONIC PUBLICATIONS ARE SOLELY TO SHOW THE CONCEPT AND RESULTS THAT MAY BE ATTAINED BY OUR SUCCESSFUL member/affiliates.

13. MISCELLANEOUS:

This Agreement will be governed by the laws of the UNITED STATES, without reference to rules governing choice of laws. Any action relating to this member/affiliate Agreement must be brought in the federal or state courts, and you irrevocably consent to the jurisdiction of such courts. You may not assign this member/affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this member/affiliate Agreement will be binding on, inure to the benefit of, and 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 member/affiliate Agreement.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND "ClickityClams.com", BY CLICKING ON THE "APPLY" BUTTON AT THE END OF THE member/affiliate ONLINE APPLICATION, YOU (IF YOU ARE ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY) (THE "member/affiliate") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS member/affiliate AGREEMENT. PLEASE READ THIS ENTIRE member/affiliate AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.