Terms and Conditions for TheConstructor.com

Please read and print for future reference

If you wish to participate in our program, indicate your agreement to do so by checking the "I agree" box in the signup page. Additionally, by accessing and utilizing any of The Constructor tools and reports, or accepting of bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.

For purposes of clarity, the terms "we" and "us" and "our" refer to The Constructor ("TheConstructor.com") and "you" and "User" and "Webmaster" and "Affiliate" refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The contract provides you with the non-exclusive right to use our systems and to direct users ("Webmasters") from your site or sites to our website (in return for the payment of commissions and referral bonuses as specified below).

ENROLLMENT

To enrol, please read this Agreement and then submit a complete The Constructor Account application to us via our Web site. Your application will be pre-accepted automatically. We can reject your application after the automatic pre-approval if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

USER AGREEMENT

You ("user"), agree not to cause or attempt to cause any harm, to all parties mentioned in this contract or any other third parties using any tools provided by us.

You shall not disclose any information from your account or any other account that you might encounter in your way. You shall only access or attempt to access your own unique account.

You agree not to cash out any promotional money given to you or any money related to the promotional money given.

CONFIDENTIAL INFORMATION

As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:

(a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or

(b) may receive hereunder from the other.

Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:

(i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care; (ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and (iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

The foregoing restrictions shall not apply to information that:

(a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;

(b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;

(c) is received from a third party without restriction and without breach of this Agreement;

(d) was independently developed by the recipient as evidenced by its records; and

(e) the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.

TERM AND TERMINATION

The term of this Agreement will begin when you use any of our scripts or web pages and/or refer a new user to and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

Upon termination:

You must remove The Constructor's banner/s from your site and disable any links from your site to ours.

All rights and licenses given to you in this Agreement shall immediately terminate.

You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.

If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.

We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our products and services.

You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as, set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

RISK ALLOCATION

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

ACKNOWLEDGEMENT OF NO WARRANTY

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

ASSIGNMENT

Except as otherwise provided herein, neither The Constructor nor the Webmaster may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

SINGLE ACCOUNT

The Webmaster agrees to operate a single account in our systems. If we should discover, using information it deems appropriate in the circumstances, that the Webmaster is operating more than one The Constructor User account, this Agreement shall terminate and the Webmaster will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any banner on a new site, under the our program, MUST be reported by the Webmaster and cleared by the "The Constructor" Support Team beforehand, and failure to do so may result in the termination of the Webmaster's account. The Webmaster will also forfeit all rights to commissions and referral bonuses.

DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL

As an Affiliate, you will have access through our site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)

The Constructor hereby grants to the Webmaster the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):

The Constructor's banners, name, site name, and other related textual and graphic material are made available by The Constructor to the Webmaster for the express purpose of inclusion on the Webmaster's site from time to time and for the specific purposes authorized above. We authorize the Webmaster to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Webmaster.

We also authorizes the Webmaster to refer, in the Webmaster's advertising and promotions, to the fact that the "The Constructor" is accessible through the Webmaster site, provided that any such statement:

(a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of The Constructor other than our name and/or site name in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of The Constructor mark);

(b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that we authorize, and/or is the source or origin of the Webmaster site; and

(c) does not disparage The Constructor, its products, services, or affiliates. All use of our materials hereunder shall inure to our benefit and shall not create any rights, title or interest in them for the Webmaster. No other use of our names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Webmaster for any purpose without the prior written approval of The Constructor.

AFFILIATE AGREEMENT

During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners or text messages as ads, provided by The Constructor on your site (the "Webmaster site") as a hyperlink to direct Visitors from the Webmaster Site to our Website, using distinct URLs supplied by us for linking (the ads).

The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Webmaster shall be entitled to display the banners of, and provide links to, sites of other companies through the Webmaster site, and The Constructor shall be entitled to make our ads available through online and off line to other services than the Webmaster site.

You also agree not to Spam or send any kind of unsolicited email(s) to anybody offering any of our products and services. If you do so, your account will be cancelled and all funds held within.

Should fraudulent activity, knowingly or otherwise, arise from a person directed to our site via your link; we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.

You shall be entitled to a commission equal to the applicable percentage of the User's Net Revenue, derived from any transaction from Visitors who used our site, who first linked to our site from the Webmaster site ("Linking Visitors") during the term of this Agreement.

"User's Net Revenue" is defined as the money spent by the users your referred to us less: (i) charge backs and discretionary returns; (ii) sign up bonuses; and (iii) promotion bonuses (iv) any extra costs that the referred user causes.

"Applicable Percentage" is defined as the percentage, calculated monthly, set forth below for the service during the month from which the referrer users derived:

10% of the "User's Net Revenue"

All amounts are expressed in U.S. dollars.

The Constructor shall pay the Webmaster all amounts due for the month within ten (10) business days following the close of the month and shall make available at a designated URL ("http://www.theconstructor.com/") a statement providing in reasonable detail the basis for such payment. The payment shall be made using one of the banking options available at our website's banking pages.

The Constructor's tracking system shall be the sole method for determining the basis of the calculation of commissions and referral bonuses hereunder, and our calculations shall be binding on the Webmaster, absent manifest error.

WAIVER

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS

We may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms and Conditions at: http://www.TheConstructor.com or at another site it chooses, and by notifying the Webmaster of the modifications via email notice. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.