Terms and Conditions

1. CardsVT reserves the right to reject, at its entire discretion, an Affiliate application or close an Affiliate's account for any reason, including the following:
   
   
   1. Affiliate site is under construction, promotes sexually explicit materials, violence and/or discrimination
   2. Affiliate transmits any so-called "interstitials," "ParasiteWare," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations/Add ons," "Shopping Wallets" or "deceptive pop ups/unders" to Consumers from the time the Consumer clicks on a Qualifying Link until such time as the Consumer has fully exited a Merchant's site (i.e., no page from Merchant's site or any Merchant content or branding is visible on the Consumer's screen.
      As used herein a. "ParasiteWare" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a Qualifying Link on a web page or email (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines) (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open the Merchant site (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application
   3. Affiliate initiates or causes in any way a "Drive by Installation" on a Consumer's computer. A "Drive by Installation" program that is downloaded or installed without the Consumer requesting such download or installation
   4. Affiliate automatically sets tracking cookies on the Consumer's computer in any way (i.e. only direct clicks on a Qualifying Link by a site visitor may be used as a way to initiate the creation or overwriting of a tracking cookie) and,
   5. Affiliate uses pop ups/unders to set or overwrite a commission tracking cookie, deceive the shopper or redirect the shopper from a Merchant site at anytime for any purpose. Pop ups/unders must be free of any kind of link.
   
   
   
2. Affiliate's Site(s) includes any websites, web pages, and online and offline communications the Affiliate maintains that feature links to the Merchant's websites.
   
   
3. The relationship between CardsVT and Affiliate is on a non-exclusive basis.
   
   
4. Affiliate agrees to use the creative tracking code provided by CardsVT and update the code/creative link to Merchant's sites as necessary if Merchant or CardsVT makes changes and/or requests such changes.
   
   
5. Affiliate agrees to display creative links to Merchant's sites at least as prominently as other sales links on the Affiliate's Site(s).
   
   
6. CardsVT and Merchants reserve the right to require prior written approval before Affiliate can include information about CardsVT or Merchant that was not directly provided by the respective company.
   
   
7. Affiliate has non-exclusive, non-transferable right to use ONLY creative links in CardsVT System for the duration of this Agreement, and any other materials provided by Merchant in connection thereto.
   
   
8. Affiliate will not violate CardsVT's and Merchant's copyright, trademark rights and any other intellectual property or proprietary rights.
   
   
9. Affiliate agrees to receive materials by email and/or internal system message from CardsVT, including but not limited to administrative communications, system alerts and software news.
   
   
10. Affiliate can opt-in to promo announcements (from CardsVT, Merchants, Affiliates and/or 3rd parties). CardsVT is not responsible for any damages resulting from Affiliate opting-out from the reception of such communications.
    
    
11. Affiliate will not violate confidentiality and IP surrounding CardsVT' system and software.
    
    
12. Affiliate will not send unsolicited email communications to online users and will only send solicited email communications which do not contain false or misleading statements, which truthfully identify the source or the originating IP Address and/or which do contain an online and valid real time removal option.
    
    
13. Affiliate will comply with all relevant privacy laws and disclose, as the case may be, its use of Third-Party cookies on its site.
    
    
14. Affiliate is entitled to commissions as outlined in respective Merchant Terms and Conditions and/or Merchant affiliate program description (both of which are accessible thru the CardsVT system). Affiliate agrees that CardsVT is a third party and any issues regarding commission amounts, dates or conditions are between the Merchant and Affiliate.
    
    
15. Affiliate agrees to provide necessary individual and/or business information for Merchant tax purposes, whether Merchant is located in the same country as Affiliate or internationally.
    
    
16. Affiliate agrees that CardsVT acts as payment facilitator only on behalf of Merchant. CardsVT does not retain any services of Affiliate.
    
    
17. Affiliate agrees that any and all agreements, partnerships and/or affiliations made between Merchants and Affiliate shall contain the following minimum provisions: (i) CardsVT remains an unaffiliated third party to the Merchants and the Affiliate (ii) CardsVT may facilitate payments on behalf of Merchants to Affiliate, although it will in no event actually retain the services of the Affiliate (iii) in the event that a Merchant has selected a currency different from the Affiliate's chosen payment currency, the Affiliate shall agree to be paid according to the terms and provisions outlined in the then current CardsVT-Affiliate Terms of Use Agreement and (iv) Affiliate shall agree to supply to CardsVT and Merchants the details and information in connection with the percentage of the commission paid to Affiliate by Merchants and the break down of the amount so paid, including but not limited to the taxes that are being charged by Affiliates to Merchants and any other relevant payment information.
    
    
18. Affiliate agrees to CardsVT's payment policy: Payments are calculated on monthly basis. Payment Period begins at 12 a.m. on 1st day of month and ends at 11:50 p.m. on last day of month. The system calculates affiliate commissions based on all merchant-approved transactions. If the merchant does not approve a transaction by the payment period's close, that transaction will be included in the next payment period. CardsVT shall in no event be responsible for delinquent Merchant approvals or payments. CardsVT issues payments to Affiliates no later than ten (10) working days after the end of a payment period. Payments will be issued by PayPal, check or wire transfer. To receive payment via wire transfer, Affiliates need to earn a minimum of $500 in commissions. (Commissions will carry over till the Affiliate reaches the required amount). If the Affiliate wishes to receive the wire transfer before reaching the $500 min threshold, processing fees will be charged to the Affiliate. CardsVT may offer additional payment methods at own discretion fees and taxes may apply. Depending on Affiliate's chosen payment currency and method, a minimum payment threshold may apply and taxes may also apply. In the event that a Merchant has selected a currency different from the Affiliate's chosen payment currency, Affiliate agrees to be paid according to CardsVT' then current exchange rates and policies. All currency conversions will be calculated according to a retail foreign exchange rate determined by CardsVT, which is adjusted regularly based on market conditions. This exchange rate includes a fee of 2% over the wholesale rate.
    
    
19. CardsVT and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate agrees not to make any statement that could reasonably cause any user's confusion as to the relationship between Affiliate and CardsVT.
    
    
20. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the state Kansas and the federal laws of the U.S.A applicable therein. Affiliate irrevocably consents to the jurisdiction of the courts of the state of Kansas, district of Wichita. This Agreement has been drafted in the English language at the request of the parties.