By participating in KLIQ Music Gear's Affiliate internet marketing program through Refersion, Inc. (the "Program"), You agree with the supplemental Program terms and conditions set forth below, established by KLIQ Music Gear. Capitalized terms used but not defined below have the same meanings as set forth in the Refersion Publisher Service Agreement. These supplemental terms are in addition to the terms of the Publisher Services Agreement, and, in the event of a direct conflict between the two, these supplemental terms will control.
In consideration of participating in the Program, You agree to the following terms:
Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to KLIQ Music Gear's Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. KLIQ Music Gear reserves the right to collect, withhold, or cancel any and all compensation related to the content You send via commercial electronic mail messages.
2) Tracking Tags.
The tools, products and creative assets (collectively, "Assets") that are provided to You by KLIQ Music Gear and/or Refersion provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to You for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by Refersion. You agree that You will not corrupt, modify or disable the tracking functionality provided to You related to the Program.
3) Keywords, Pay Per Click advertising, and domain names involving KLIQ Music Gear's trademark "KLIQ Music Gear" and variations thereof.
You shall not purchase search engine keywords or domain names that use KLIQ Music Gear's trademarks "KLIQ Music Gear", "UberTuner", "TinyTune" and/or certain variations and misspellings thereof.
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the words "KLIQ Music Gear" or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
If KLIQ Music Gear determines, in its sole discretion, that You have purchased or attempted to purchase "KLIQ Music Gear" keywords or domain names, then KLIQ Music Gear may (without limiting any other remedies available to it) pursue any or all of the following actions:
a) Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
b) Remove You from the KLIQ Music Gear affiliate Program permanently; and/or
c) Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.