ALL MEMBERS MUST COMPLY COMPLETELY AND WILLINGLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. E-MAILPROMOTION RESERVES THE RIGHT TO WITHHOLD PAYMENT FROM ANY MEMBER THAT VIOLATES ANY OF THE TERMS AND CONDITIONS AS DESCRIBED HEREIN

The program is offered to you by YesUp Ecommerce Solutions Inc ("YesUp"). This Agreement shall govern participation in the e-mailpromotion.com program ("E-mailpromotion"). By participating in the Program, you are agreeing to be bound by these Terms and Conditions. The term 'member' shall refer to any individual or entity who accepts the terms and conditions of this Agreement by submitting the Program registration.


Payment Policy:

Members earn money by recipients receiving paid-emails that contains ad signatures provided by e-mailpromotion.com in accordance with the terms and conditions of this Agreement.Members can earn additional money by referring new members to the e-mailpromotion.com program as long as the referred member also abides by the terms and conditions set forth in this agreement. Members will be paid via check. Payments will be made within 30 days or a reasonable time after. Member will be paid via check in US dollars ($US) or Canadian Dollars ($CAD) in accordance with our published payment schedule. Members will be paid at the account level. E-mailpromotion.com will issue a check only when member fund balance has reached the minimum of US$50. Without exception, no check will be issued for any amount less than US$50.

All unpaid earnings will rollover to the next pay period. All payments are based on actuals as defined, accounted and audited by e-mailpromotion.com. E-mailpromotion.com, reserves the absolute right not to pay any accounts or members that violate any of the terms and conditions set forth herein.

Participation:

E-mailpromotion.com shall have sole and absolute discretion as to whether or not it accepts a particular applicant or member for participation in the e-mailpromotion.com network

Our program is open to both US and International members and is void where prohibited by local governing laws. You agree to and must use your own name and address in the sign-up process and may not assume a false identity. You may not signup multiple times with different email addresses. You will use your email address / password combination to access your account, it is your responsibility to keep this information confidential, you may change this information by logging into your e-mailpromotion.com account and pressing the change information link. You are solely responsible for any and all use of your e-mailpromotion.com account including authorization by you to any third party individual who may use your account. Should any instances of fraud, system abuse, or any type of activity deemed to be inappropriate or illegal by e-mailpromotion.com be detected it may result in member termination and possible legal action. You must maintain your email account that you used when signing up with e-mailpromotion.com. You agree to receive email advertising from e-mailpromotion.com, limited to no more than one per day.

Code Placement: E-mailpromotion.com signature codes must be not be modified from original format without consent from e-mailpromotion.com. Member agrees to use the ad code provided for displaying creative not more than ONCE per email. Ad codes cannot be placed in any other form other than e-mail signature.  E-mailpromotion.com ad codes cannot be placed on emails that contain no other content.
 

Data Reporting (Stats): E-mailpromotion.com is the sole owner of all website, campaign, and aggregate web user data collected by e-mailpromotion.com. Member only has access to campaign data that is collected through the use of their inventory.


Fraud and Deception: members agree not to artificially inflate traffic counts using a program (including scripts), device, or other means.  E-mailpromotion.com audits every member's traffic on a daily basis. Members that commit fraudulent activities, including but not limited to false impressions/clicks, will have their account permanently removed from our network and will not be compensated for such traffic. Additionally, e-mailpromotion.com reserves the right to register fraudulent members in a global ad network fraud database, for usage by other ad networks.  Excessive page reloading or any other abuse of our system could result in legal action.
 

SPAM / UCE: You may not promote your referral links through unsolicited emailing (i.e. SPAMMING), newsgroup postings, or any other method of mass communication. E-mailpromotion.com strictly upholds anti-spamming laws as it is a federal offense. Any member caught spamming will not only have their account terminated immediately and lose any past, present and future earnings, but shall also be held liable for any consequences of their actions as we shall cooperate with any authorities and investigations that may arise from the Spamming incident. E-mailpromotion.com may charge up to $5 per spam email sent.

Multiple signups shall be grounds for immediate termination of all involved accounts. Signing up multiple times from the same computer also constitutes fraud. E-mailpromotion.com will file charges for recovery of any earnings received from multiple signups.

Contact Information: To insure timely payment, members are responsible for maintaining the correct contact and payment information associated with their account. This must be done online using the member's account. Any and all bank/service fees associated with returned or cancelled payments due to any error in the member contact or payment information are member's responsibility, and will be deducted from member account balance.

Removal From Network:

In order to protect our clients from any form of fraudulent actions, we reserve the right to terminate any account that we believe violates one of our rules or that has very low conversion ratios. In the case of non-agreement between e-mailpromotion.com and members the decision of e-mailpromotion.com stands as the final decision. Any account that has been cancelled due to fraudulent activities or due to the low conversion ratios will not receive payment. In cases where fraud has occurred and payment has already been made, we may, in addition to closing the account, take legal action against the member to recover such paid funds. Members in violation of e-mailpromotion.com's terms and conditions will be immediately deactivated. E-mailpromotion.com may deactivate members with no prior notification, though every effort will be made to notify the deactivated member of such action via the e-mail address provided by the member.

Upon termination of a member account from the e-mailpromotion.com program, for any reason and by either party, the member shall immediately and permanently remove all HTML signature codes from all emails and documents where such codes had been inserted.


GENERAL:

Representations and Warranties: The Program represents and warrants that it has full power and authority to enter into this Agreement. The program is not responsible for any content provided by third parties (including Advertisers). The program and its licensors make no other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use, and non-infringement. member is solely responsible for any legal liability arising out of or relating to (i) the content and other material set forth on the member Websites and/or (ii) any content or material to which users can link through the member Websites (other than through an advertisement supplied by e-mailpromotion.com). member hereby agrees to indemnify, defend and hold harmless e-mailpromotion.com and its officers, directors, agents, members and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims.

Damages: In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of data, loss of use, or loss of profits arising thereunder or from the provision of services.

Limitation of Liability: Neither e-mailpromotion.com nor its customers will be subject to any liability whatsoever for (a) any failure to provide reference or access to all or any part of the Website due to systems failures or other technological failures of e-mailpromotion.com or of the Internet; (b) delays in delivery and/or non-delivery of creative, including, without limitation, difficulties with a customer or creative, difficulties with a third-party server, or electronic malfunction; and (c) errors in content or omissions in any creative.

Public Release: Member shall not release any information regarding campaigns, creative, or members relationship with e-mailpromotion.com or its customers, including, without limitation, in press releases or promotional or merchandising materials, without the prior written consent of e-mailpromotion.com. E-mailpromotion.com shall have the right to reference and refer to its work for, and relationship with, member for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of e-mailpromotion.com and member.

Audit: E-mailpromotion.com shall have the sole responsibility for calculation of member earnings, including Impressions and geographic statistics.

Modifications:

The Program reserves the right to change any of these terms and conditions at any time without notice. You are responsible for complying with complying with any changes to the terms and conditions within 10 days of the date of change.

Minimum Age Requirements:

No person under the age of 18 is allowed to participate in our program unless written permission from a parent or legal guardian, notarized, signed and dated, is faxed to 1-503-213-6300

Case of dispute:

Members agree to settle any/all dispute(s) under this agreement via binding arbitration in Toronto, Ontario.