ZizBang Affiliate Terms of Use

About | Affiliate FAQ's | My Affilate Page | Affiliate Terms | Provide Google ID

The following Terms of Use outline your obligations when participating as a ZizBang Affiliate.

1. Acceptance of Terms

The web pages available at ZizBang.com, and all linked pages at that domain (the "Site"), are owned and operated by ZizBang, LLC ("ZizBang"), a limited liability company of Maryland. ZizBang also implements an affiliate program (the "ZizBang Affiliate Program") The Site is accessed by you, and you participate in the ZizBang Affiliate Program, only under these Affiliate Terms of Use.

By requesting to participate in the ZizBang Affiliate Program, accessing your affiliate page on the Site, communicating your referral link, advertising the ZizBang Affiliate Program, and/or advertising the Site (or services related thereto), you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions herein, then you may not participate in the ZizBang Affiliate Program (ZAP), and will not receive any payment. ZizBang’s acceptance of your participation into the ZAP is expressly conditioned upon your assent to all of these terms and conditions; and if these terms and conditions are considered an offer by ZizBang, acceptance is expressly limited to these terms.

2. Description of Service

The ZizBang Affiliate Program is a program that ZizBang offers whereby ZizBang members can receive a share of advertising revenues derived by user traffic to the Site.

The ZizBang Affiliate Program currently uses Google’s AdSense® Program as its primary third party advertiser for the purpose of distribution of advertising, but ZizBang reserves the right to change the nature or the primary third party advertiser of this program at any time without notice to, or consent from, you.

Subject to full compliance with these Affiliate Terms of Use, ZizBang may provide certain Affiliate Services to ZizBang members participating in the ZAP (hereinafter an "Affiliate"), as described more fully on the Site, including, but not limited to tracking ZizBang members introduced to ZizBang by you, and computing revenues due you (collectively referred to herein as "Affiliate Services").

Without notice, ZizBang may change, suspend or discontinue the Affiliate Services including removing any third party ads or discontinuing any Affiliate Services, at any time. We also may impose limits on certain features and Affiliate Services or restrict your access to portions or all of the Affiliate Services without notice or liability.

3. Obligations

Participation in the ZAP is available only to individuals who are at least 18 years old. If you are not 18 years old, do not attempt to participate in the ZAP or use the Site.

As a condition of participation in the ZAP, you agree not to perform any unlawful act or any act prohibited by these Affiliate Terms of Use, the ZizBang Terms of Use , or any other purpose not reasonably intended by ZizBang.

Your participation in the ZAP is entirely at our discretion and is subject to your compliance with the terms and conditions of these Affiliate Terms of Use and the ZizBang Terms of Use.

You understand and acknowledge that ZizBang's payment of any Affiliate of any money (and computation of any fees due) for successful participation in the ZAP is contingent on, among other things, ZizBang receiving payment from its primary third party advertiser(e.g., Google).

Payments by ZizBang will be made to you via paypal. If you cannot received funds via paypal, they you should not participate in the ZAP. The timing and amount (including whether any payment is made) of payments made by ZizBang to its Affiliates are at ZizBang's sole discretion. You understand that ZizBang is endeavoring to operate a business that pays its expenses and earns a profit and that unforseen expenses may arise that require all of ZizBang's revenues. As an example, some expenses that would require immediate resources include, but are not limited to, catastrophic computer system failure, hacker attack, force majeure, litigation, Internet/server fees, and others. In the event, that business expenses cannot be covered when paying fees to ZizBang Affiliates, ZizBang may elect to defer payment of such fees, elect to not pay such fees, and/or offer other compensation.

4. Modifications of Terms of Use

ZizBang reserves the right, at its sole discretion, to modify or replace these Affiliate Terms of Use at any time. If the alterations include a material change to the Affiliate Terms of Use, ZizBang will notify you by posting an announcement on the Site or (at ZizBang’s sole election) sending an email to you at the email address you have provided us. What constitutes a "material change" will be determined at ZizBang's sole discretion. Your decision to continue to participate in the ZAP following such notification constitutes your acceptance of the terms and conditions of the Affiliate Terms of Use as modified or of the new Affiliate Terms of Use if replaced.

5. Warranties. ZizBang and its licensors (“Licensors”) disclaim any responsibility for harm resulting from your participation in the ZAP. The ZAP (including the Affiliate Services) is provided "as is," with no warranties whatsoever. ZizBang and its Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation any warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. ZizBang and its Licensors disclaim any warranties regarding the security, reliability, timeliness and performance of the ZAP (including the Affiliate Services). You understand and agree that you participate in the ZAP at your own discretion, at your risk, and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation, removal, or loss of money. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

6. Limitation of Liability. Under no circumstances shall ZizBang be liable to you (or any Affiliate) due to any act or omission by ZizBang that is based on, caused by, or would not have otherwise occurred had you not participated in the ZAP. As an example, ZizBang would not be liable to you for expenses paid by you during your participation in the ZAP even if the Site was discontinued, the ZAP was discontinued, ZizBang's referral tracking system fails, or for any other reason.

Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, lost profits, exemplary, attorney’s fees, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if ZizBang have been advised of the possibility or probability of such damages). Such limitation of liability shall apply for all claims, including, but not limited to claims based on loss of data, interruption of service, failed security, identity theft, and loss of personal data.

Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. ZizBang’s aggregate cumulative liability under these Affiliate Terms of Use shall not exceed the amount paid by you to ZizBang, if any.

7. Indemnification. You agree to indemnify and hold harmless ZizBang, its licensors, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any liability, cost, expense, damages, legal fees, or claim or demand made by any third party, that arises directly or indirectly out of your conduct or in connection with your participation in the ZAP, any alleged violation of these Affiliate Terms of Use, or any alleged violation of any applicable law or regulation. ZizBang and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so shall not excuse your indemnity obligations. You understand that ZizBang and its licensors have no obligation to indemnify you for anything.

8. Consideration. You acknowledge that the warranty disclaimer and limitations, limitations of liability, and Indemnity set forth above are elements of consideration that form the basis of this agreement between ZizBang and you (if applicable) and that we would not be able to provide the ZAP Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our licensors.

9. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision or portion of these Affiliate Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Affiliate Terms of Use constitutes the entire agreement between the parties with respect to the ZAP and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. To the extent that there is a conflict between these Affiliate Terms of Use, the ZizBang Terms of Use, and the Toolbar License or the terms of ZizBang’s Privacy Policy, the Toolbar License shall have precedence over the subject matter of the Toolbar License. These Affiliate Terms of Use shall have precedence over the ZAP. The ZizBang Terms of Use shall have precedence of the use of the Site other services and offerings of ZizBang.

These Affiliate Terms of Use shall be governed in all respects by the laws of the State of Maryland without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against ZizBang must be resolved by a court located in Anne Arundel County, Maryland. You agree to submit to the personal jurisdiction of the courts located within Anne Arundel County, Maryland for the purpose of litigating all such claims or disputes.

You may terminate these Affiliate Terms of Use at any time by discontinuing your participation in the ZAP, providing us notice of the same by sending us an email (Admin at ZizBang.com) to provide us notice of your opting out of the ZAP (confirmed by a confirmation reply from us), and discontinuing any and all advertising of the Site and services.

Upon termination of these Terms of Use, Sections 3, 5, 6, 7, and of these Affiliate Terms of Use shall survive.

The failure of ZizBang to exercise or enforce any right or provision of these Affiliate Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

No agency, partnership, joint venture, or employment is created as a result of these Affiliate Terms of Use, and you acknowledge and agree that you have no authority of any kind to bind ZizBang in any respect whatsoever.

The rights and licenses provided to you by these Affiliate Terms of Service are not assignable, transferable or sub-licensable by you except with ZizBang's prior written consent, but may be assigned or transferred by ZizBang without restriction. Any assignment attempted to be made by you in violation of the Affiliate Terms of Service shall be void.