Post Affiliate

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Post Affiliate

Affiliate sign-up

A&R Live Hookup

A&R Live Hookup Affiliate Sign-up 770-686-9100

FREE A&R Live Hookup

Affiliate Training

Welcome To A&R Live Hookup Affiliate Network!

Turn Your Web Traffic Into Income! Earn Passive Income By Connecting Aspiring Talent To Real Opportunities.


	Put Our Banner on Your Myspace, FaceBook or Website.
	We Pay You When A Customer Registers Through Your banner and send email notifications of every sale.
	Brand Your Business With The A&R Live Hookup Network, Provide Opportunities And Earn Cash or Free Song Reviews!
	FREE to join, it's easy to sign-up and requires no technical knowledge.

How does it work

When you join our program you will get an access to your own control panel. Through your control panel you can get banners and text links to promote the A&R Live Hookup and services provided through our music industry network partners. When you refer a customer to us that makes a purchase through your affiliate link or banner, we send you an email notification that a sale was made through your banner and pay you a percentage (commission) of the purchase on our payout dates as a reward. Also, as an A&R Live Hookup Affiliate you can sign-up Sub Affiliates that become a part of your A&R Affiliate network and receive a commission on all purchases made through banners they place on their sites and MySpace pages.

Real-Time Statistics And Reporting
You receive email notification for all sales and when an new affiliate join your A&R Affiliate Network. You can also check your sales statistic, clicks on your banners, web affiliate traffic, account balance and see how your banners are performing anytime in your affiliate panel.

Affiliate Program Details
Commission: pay per sale 15%-35%

What You Can Earn As An Affiliate!
(Effective Mar 15, 2009)

Super Affiliate (65 Sales)	Fixed Commission Rate on Weekly Sales (Sun - Sat)

Products	Tier 1 - (11-14 sales)	Tier 2- (8-10 sales)	Tier 3 - (up to 7 sales)

1 Song Hookup	$ 50	$ 40	$ 30
2 Song Hookup	$ 60	$ 50	$ 40
3 Song Hookup	$ 70	$ 60	$ 50
4 Song Hookup	$ 80	$ 70	$ 60
VIP 1-Off	$90	$ 80	$ 70
VIP ALL ACCESS	$145	$125	$105


Sr Affiliate (45 Sales)	Fixed Commission Rate on Weekly Sales (Sun - Sat)

Products	Tier 1 - (8-10 sales)	Tier 2- (5-7 sales)	Tier 3 - (up to 4 sales)

1 Song Hookup	$ 40	$ 30	$ 25
2 Song Hookup	$ 50	$ 40	$ 35
3 Song Hookup	$ 60	$ 50	$ 40
4 Song Hookup	$ 70	$ 60	$ 50
VIP 1-Off	$ 80	$ 70	$ 60
VIP ALL ACCESS	$125	$105	$ 95


Affiliate ( up to 25 Sales)	Fixed Commission Rate on Weekly Sales (Sun - Sat)

Products	Tier 1 - (8-10sales)	Tier 2- (4-7 sales)	Tier 3 - (up to 3 sales)

1 Song Hookup	$ 30	$ 20	$ 15
2 Song Hookup	$ 40	$ 30	$ 25
3 Song Hookup	$ 50	$ 40	$ 30
4 Song Hookup	$ 60	$ 50	$ 40
VIP 1-Off	$80	$ 60	$ 50
VIP ALL ACCESS	$100	$ 80	$ 70


Note: VIP ALL ACCESS PASS registrations count as 2 sales.
*Sustained performance at a tier level at the end of 4 pay cycles will automatically adjust your commission rate.
Repeat customer sales are paid at 60% of the posted commission.

Affiliate Sign-up Form
Account information
Email	*
Your Website URL	*

Personal information
First name	*
Last name	*
Company
Street	*
City	*
State/Province
Country	*
ZIP/Postal Code
Phone number	*
Fax number
Tax SSN/EIN (USA only)

Additional information
Industry Title
Music Genre
Cell Phone

Terms of service To be an authorized affiliate of www.armusic1.com, you agree to abide by the terms and conditions contained in this agreement. Terms And Conditions This A&R Live Hookup Network Agreement (hereinafter the \Agreement\) is made by and agreed to between A&R Music1.com, LLC. (referred to as \Armusic1.com\) , and you (\You\). Armusic1.com has a affiliate relationships with music industry businesses with partner products and services (hereinafter “Music Industry Partner Sites “), collectively “Armusic1.com” and “Music Industry Partner” (hereinafter the “Music Industry Network”). Music Industry Partners, and You, may have Affiliates who sign up under your Affiliate account as “sub-affiliates”. Armusic1.com facilitates a \Performance Affiliate Network Program\ (or \Program\), via the Internet, where a person, entity or its agent (also referred to as “A&R Live Hookup Affiliate“ or “Affiliate“ or “Sub-Affiliate”) operating one or more \Web site(s)\ (domain or portion of a domain within the Internet and/or subscription email list(s) may earn commissions (\Payouts\) for \Transactions\ (actions by Visitors as defined by Armusic1.com) made from Affiliate’s or “Music Industry Network” Web site or subscription emails through a click made by a \Visitor\ (any person or entity that is not the Affiliate, Affiliate\s agent, Sub-Affiliate, or a current Affiliate) through an Internet connection (\Link\) to a Web site. Armusic1.com compensates the Affiliate (You), in accordance with this Agreement and the Program Payout specifications. 1. Relationship. As an A&R Live Hookup Network Affiliate, You agree: You are at least 18 years of age and that there is no legal reason that the Affiliate cannot enter into a binding agreement. You are the owner or are licensed to use the entire contents contained on the approved website. Affiliate materials will not be placed on any website or medium that violates any law or regulation. Your website, published space, event, service and/or newsletter does not contain misrepresentation or content that is defamatory or violates any rights of privacy or publicity. Your website, published space, event, service does not and will not infringe any copyright, trademark, patent or other proprietary right. That child pornography is not allowed, and if noted, will be reported immediately to the appropriate local and federal authorities. Not to engage in spamming via UBE or UCE or scamware or adware Armusic1.com may deem your promotional activities inappropriate and a material breach of this Agreement based upon the foregoing, and/or on reasonable Internet business standards as they may evolve. If You are in breach of this Section 1, Armusic1.com shall provide You with notice and the opportunity to cure (in accordance with Section 6.2 below), except that no opportunity to cure shall be provided if You are in breach of Section 1(b) . Any suspected fraudulent, abusive or otherwise illegal content or activity by You on your Web site or in your subscription emails, or that is perpetrated through use of the Affiliate Network Program, is grounds for immediate termination of this Agreement or deactivation of \your Account\ (a memo account kept by Armusic1.com on your behalf), without prior notice by Armusic1.com and may include referral to the appropriate law enforcement agencies (as Armusic1.com deems appropriate). Armusic1.com may not review all content on your Web site or in your subscription emails. You shall remain solely responsible for your Web site and subscription email content. Armusic1.com is, under no circumstances, responsible for the practices of any Music Industry Network Partner or Affiliate or such Music Industry Network Partner or Affiliate\s Web site(s) and/or the content that an Music Industry Network Partner makes available through the Affiliate Network Program and/or the content of Affiliates\ subscription emails. 2.1 Linking to Music Industry Partner Sites. During the Term You may have the opportunity to earn Payouts through running one or more Affiliate \Campaigns\ (pay-per-Transaction sales) from Music Industry Partner Sites . Upon approval by the Music Industry Partner for acceptance into its Program, You may post (and remove) Links from your Web site or subscription emails to Music Industry Partner Sites Web site or Web site content. If such Links are not dynamically updated through the Affiliate Network Program, You are obligated to update Links to an Music Industry Network Partner\s Web site or Web site content when notified to do so in order to earn Payouts. 2.2 Use of Links to Armusic1.com and Music Industry Partner Sites. You may not place Links to a Armusic1\s Web site or Music Industry Partners’ Web site content in unsolicited email and other types of spam. You must place Links to Armusic1.com’s or Music Industry Partners Web site or Web site content such that it is unlikely that the Links will mislead the Visitor (this include techniques such as masking, framing, copying or reproducing the Armusic1.com website , and such that it is reasonably likely that the Links will deliver bona fide Transactions by the Visitor from the Link. None of your promotional activities may infringe an Music Industry Network Partner\s intellectual property rights (including but not limited to trademark rights), intellectual property rights of a competitor of a Music Industry Network Partner, or Armusic1.com\s intellectual property rights. You shall not cause any Transactions to be made that are not in good faith. You shall be responsible for ensuring that each Sub-Affiliate you recruit meets Armusic1.com\s eligibility requirements (as established from time to time), is bound by and complies with Affiliate duties (and where stated Sub-Affiliate duties) as specified in this Agreement, and for payment of Payouts due to Sub-Affiliate that shall accrue in your Account. You shall indemnify Armusic1.com for all acts of your Sub-Affiliates without limitation. The details of a Music Industry Network Program and any Campaigns shall be available through your My Account control panel . No details of a Music Industry Network Program may conflict with terms and conditions contained in this Agreement. Armusic1.com shall not be obligated to enforce or honor any such conflicting terms and conditions. Breach of this Section 2.2 is cause for immediate termination from an Music Industry Network Partner\s Program or Campaign and/or termination of this Agreement. 2.3 Termination from Music Industry Partner’s Program/Campaign. After You have been approved by a Music Industry Partner, the Music Industry Partner may terminate You, one of your Web sites or subscription email lists, and/or Sub-Affiliate(s) from the Music Industry Partner \s Program or a Campaign for any of the following material breaches (\Affiliate Termination for Material Breach\): (a) operation of an illegal business through such Web site and/or subscription email list; (b) engaging in any illegal activity of any type, including but not limited to displaying illegal content on your Web Site and/or in your subscription emails or offering any illegal good or service through your Web Site and/or subscription emails; (c) operation of a Web site or email Link to Web sites that contain or promote, any of the following content: illegal, cracking, hacking or warez, or link to a Web site(s) that does so; (d) engaging in indiscriminate or unsolicited commercial advertising emails; (e) causing or enabling any Transactions to be made that are not in good faith; (g) breach of the licensing provisions of this Agreement; (i) breach of any other intellectual property right provision of this Agreement or other of common law intellectual property rights of Music Industry Network Partner; and/or (j) diluting, blurring or tarnishing the value of Music Industry Network Partner\s trademarks, trade-names, and/or service marks. Armusic1.com may terminate You/your Sub-Affiliate from an Music Industry Network Partner\s Program or Campaign in Armusic1.com\s sole discretion. 3.1 Applicable Codes and Code Maintenance. In order for Armusic1.com to record the tracking of Visitors\ Transactions resulting from clicks on Music Industry Network Links on your Web sites and/or subscription emails, the Armusic1.com \Transaction Tracking Code\ (collectively referred to as \Tracking Code\), and all Music Industry Network Links and all advertisements (\Ad Content\) must be in a Program compatible format. Armusic1.com shall determine (where possible) actual Payouts that should be credited to your Account, and alternatively apply an estimated amount of Payouts, if the Music Industry Network Partner or its agent serves Music Industry Network Partner\s Ad Content and such Links are not functioning properly, or if Links to an Music Industry Network Partner\s Web site through the Affiliate Network Program are not functioning properly due to the Music Industry Network Partner\s negligent or intentional act or omission. Armusic1.com may temporarily deactivate your Account or terminate your Account if You or your agent is responsible for the improper functioning of Ad Content that You serve, or if You otherwise interfere with and/or fail to maintain the Impression Tracking Code and Transaction Tracking Code. 3.2 Performance Affiliate Network Program. Subject to Section 3.1, Armusic1.com shall provide You with access to tracking and reporting tools, and to support services. From time to time Armusic1.com may offer optional services for a fee. Fees for such optional services are at Armusic1.com\s then-current published rates or as may be quoted by Armusic1.com, and are payable in advance or may be off-set against your positive Account balance (at Armusic1.com\s discretion). Tracking details regarding Visitor Transactions for all Music Industry Network Partners is not available on a real-time basis and there may be reporting delays regarding Transactions for some Music Industry Network Partners. Armusic1.com may make available, for fees that Armusic1.com shall publish from time-to-time, enhanced reporting capabilities and other services that are not included in the standard Affiliate Network Program. On-line support service is available through \Help\ or within the members\ area or “Customer Support“ on our main website at Armusic1.com. Phone support is provided during the operating hours of 9am-5pm EST, except on national and Armusic1.com recognized holidays (local time and local holidays are applicable at all of Armusic1.com\s business offices). Your use of \Help\ enables Armusic1.com to respond more quickly to your query. 3.3 Affiliate Network Payout Rate. The Armusic1.com and Music Industry Network shall establish through the Affiliate Network Program a Payout rate for a qualifying Transactions for each product or service offering Campaign. Your Account will be credited with each Payout in accordance with the Campaign Payout rate for the relevant Campaign for each such Visitor action resulting directly from Links from each of your or your Sub-Affiliate\s Web sites or subscription emails to each Music Industry Network Website. Armusic1.com and Music Industry Network partners may discontinue Campaigns or Programs or services, or decrease any Payout rate upon 10 days written notice with effect from the 11th day from such notice. Armusic1.com will send You a notice through the Affiliate Network Program messaging system regarding each change in Payout rate(s) or Campaign or Program discontinuation. If You have a custom Payout rate or other arrangements for a Music Industry Partner it is the responsibility of the Music Industry Partner for notifying You through the Affiliate Network Program messaging system of a change in Payout rate or discontinuation of a Campaign or Program. 3.4 Payment. If on the 20th day of the month for Affiliates located in the US or Canada and on the last day of the month for Affiliates located elsewhere your Account exceeds Armusic1.com\s \Minimum Balance Amount\, as set by Armusic1.com from time to time (currently US$25 for Affiliates located in US or Canada, and up to US $50 for Affiliates located elsewhere), for Transactions reported for the previous month, Armusic1.com will issue to You any positive balance in your Account. Armusic1.com shall have no obligation to make payment of any Payouts for which Armusic1.com has not received payment from the relevant Music Industry Network Partner. If Armusic1.com elects, in its own discretion, not to make payment to You for amounts not received from a , those amounts shall not be included in the minimum Balance Amount. Your recourse for any earned Payouts not received by Armusic1.com and not paid to You shall be to make a claim against the relevant Music Industry Network partner(s) and Armusic1.com disclaims any and all liability for such payment. If Affiliate has not earned a Payout for six consecutive calendar months, a dormant account fee of US$10 per month shall be applied to Affiliate\s Account each calendar month that Affiliate\s Account remains open or until your Account balance reaches a zero balance, at which time the Account shall become deactivated. Payouts earned by Affiliate will not be counted as having been earned by Affiliate if the Payout subsequently becomes a Charge-back or until the Charge-back period has expired (if applicable). Affiliate may close its Account and terminate this Agreement upon 30 days written notice in accordance with Section 6.1. The number or amount of Transactions, credits for Payouts, and debits for charge-backs, as calculated by Armusic1.com shall be final and binding on You. You may have a negative balance if your Account is debited amounts equivalent to previous Payouts for Charge-backs and You do not have an adequate Account balance to cover the Charge-back amounts. Whenever You have a negative balance, You must immediately remit a payment to Armusic1.com in an amount sufficient to bring your Account to a zero balance. You may make payments hereunder via Check (also referred as “eCheck“), wire transfer, PayPal or certain credit cards by phone. When payment is made by check, your Account will not reflect payment until the check has cleared and cash has been transferred to Armusic1.com\s bank account. your positive Account balance will not accrue interest. If You have a negative balance for any period of 45 days or more, your Account is subject to 1.5% interest per month, compounded monthly. your Account may be deactivated for non-payment. Check your Account page for payment instructions and foreign currency options. Your Account balance shall appear in US Dollars although a courtesy calculation of foreign currency conversion is enabled through the Affiliate Network Program. Foreign currency conversion shall be provided as a convenience and is an estimate only. Payment in your local currency may be available (consult the information that is available through your Account). The conversion rate shall be determined in accordance with Armusic1.com\s and Armusic1.com\s vendor\s operating standards using the rates prevailing upon the date that payment is made to You, or upon the basis of historical conversion rates if rates are unavailable at such time. Any questions (including disputes) regarding Payouts and/or payment should be directed to Armusic1.com Customer Support. 3.5 Charge-backs. An Music Industry Network partner may request that Armusic1.com, or Armusic1.com may on its own initiative, debit your Account with an amount equal to a Payout previously credited to your Account in circumstances of : product returns; duplicate entry or other clear error; non-bona fide Transaction where there is no Affiliate failure to comply with the this Agreement; non-receipt of payment from, or refund of payment to, the Visitor by the Music Industry Network Partner; or Affiliate failure to comply with the terms of an Offer or Music Industry Network Partner Click-through Agreement (\Charge-back\). Charge-backs requested by an Music Industry Network Partner in accordance with the preceding sentence may be applied up to and including the 60th day after the end of the month in which the Payout was earned (\Charge-back Period\). Armusic1.com may apply at any time Charge-backs for all Transactions from Affiliate\s Web site(s) and/or subscription emails for Affiliate\s or its Sub-Affiliate\s failure to comply with this Agreement. An Music Industry Network partner may request that a Payout be postponed 1 payment cycle where Music Industry Network Partner is verifying a Lead (for Lead Campaigns) or the Music Industry Network Partner has a product return policy or offer to the Visitor that allows the Visitor to return the product during the charge-back period. 4.1 Proprietary Rights and Licenses. For each Music Industry Network Partner whose Program You have been accepted to, Armusic1.com may not be authorized to grant rights to display and Link to the Music Industry Network Partner\s Web site or Web site content, and all trademarks, service marks, trade-names, and/or copyrighted material (\Content\). The foregoing rights are sub-licensable by You to your Sub-Affiliates only if authorized by Music Industry Network Partner in writing your/your Sub-Affiliate\s sub-license is conditioned upon You/your Sub-Affiliates (as the case may be): (a) not otherwise copying nor modifying, in any way, any icons, buttons, banners, graphics files or Content that is made available to You through the Affiliate Network Program pursuant to such sublicense; and (b) not removing or altering any copyright or trademark notices. For Music Industry Network Partner(s), You grant to Armusic1.com a revocable, non-transferable, royalty free, international license to display on and distribute from Armusic1.com\s Web site Content that You provide to Armusic1.com through the Affiliate Network Program for the limited purposes of promoting You to Music Industry Network Partners, subject to the terms and conditions of this Agreement and the Music Industry Network Partner\s Music Industry Network Partner Service Agreement. The right to display such Content is sub-licensable by Armusic1.com to your Music Industry Network Partners for the limited purpose of advertising that You are a member of Music Industry Network Partner\s Program. Your Music Industry Network Partners may not distribute and/or sublicense your Content unless authorized by your written permission. Armusic1.com and sub-licensees shall not otherwise copy nor modify, in any way, any Content that You have made available through the Affiliate Network Program pursuant to the foregoing license. Armusic1.com and the sub-licensees may not remove or alter any copyright or trademark notices. You agree that your use of any Armusic1.com Web site(s) (such as www.Armusic1.com.com) and your use of any Armusic1.com Content or Links is subject to the license and terms of use that are available from such Web site (\Terms of Use\). Each party may make statements that it is doing business with the other party and use the other\s logo with such statements, subject to the other party\s name and logo usage guidelines. 4.2 No Challenge to Intellectual Property. Armusic1.com acknowledges that it obtains no proprietary rights in your Content, and agrees not to challenge your proprietary rights to the Content, if at all, unless and until this Agreement is terminated. You acknowledge that You obtain no proprietary rights in Armusic1.com\s Content, patents, and patent applications, and agree not to challenge Armusic1.com\s proprietary rights in Armusic1.com\s patents and patent applications, and, with respect to the Content, if at all, until this Agreement is terminated. This Agreement may be terminated upon notice if the other party begins proceedings to challenge the party\s intellectual property rights during the Term in violation of the foregoing provisions. You acknowledge that You obtain no proprietary rights in each of your Music Industry Network Partners\ Content, and agree not to challenge such Music Industry Network Partner\s proprietary rights to the Content until the Music Industry Network Partner has terminated You from its Program or You have withdrawn from the Music Industry Network Partner\s Program by removing all Links provided to You through the Affiliate Network Program. The licensees/sub-licensees agree that all goodwill arising as a result of the licensor\s Intellectual Property shall inure to the benefit of the licensor, and that all non-licensed/non-sublicensed proprietary rights in the Intellectual Property remain with the licensor. Licensees/sub-licensees shall not adopt any names, trademarks, service marks or domain names that are confusingly similar to, or in combination with any of licensor\s trade-names, trademarks, service marks and/or domain names. 4.3 Terminating Licenses. Armusic1.com or Music Industry Network Partner may terminate any sublicense granted to You and/or a Sub-Affiliate under this Agreement immediately upon written notice to You if the Music Industry Network Partner has reasonable concerns that You and/or the Sub-Affiliate is diluting, tarnishing or blurring the value of the Music Industry Network Partner\s trademarks, service marks, and/or trade-names, and/or breach of the Music Industry Network Partner\s other intellectual property rights. Armusic1.com may terminate this Agreement immediately upon written notice if Armusic1.com has reasonable concerns that You or your Sub-Affiliate may be diluting, tarnishing or blurring the value of Armusic1.com\s trademarks, service marks, and/or trade-names, and/or breach of Armusic1.com\s other intellectual property rights. 5.1 Privacy and Confidentiality. You or Armusic1.com may provide the other with information that is confidential and proprietary to that party or a third party, as is clearly and obviously designated by the disclosing party (\Confidential Information\). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality in order to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information that is or becomes part of the public domain through no act or omission of the receiving party, or is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or that the receiving party had in its possession prior to the date of this Agreement. The information that You supply to establish and maintain your Account shall be your Confidential Information, and You agree that Armusic1.com may but is not obligated to provide your email address(es) and basic Affiliate Account detail (including but not limited to your address, phone and fax number, Web site name (if applicable), date Web site or subscription email first entered into operation, and visitor demographics) to Music Industry Network Partners. You shall be responsible for all usage and activity on your account and for loss, theft or unauthorized disclosure of your password (other than through Armusic1.com\s grossly negligent or willful conduct or omission). You shall provide Armusic1.com with prompt written notification of any known or suspected unauthorized use of your Account or breach of the security of your Account. Armusic1.com\s Privacy Policy that is accessible from the home page of www.armusic1.com.com and may be amended from time to time by way of republication, is incorporated into this Agreement. 5.2 Collection and Use of Transaction Data. Armusic1.com does not collect information about a Visitor\s Transactions, other than what it receives through the installed tracking code. Armusic1.com reserves the right to be able to utilize this data, which may include information about your performance statistics, to analyze Affiliate Network Program trends, monitor Affiliate Network Program efficiencies, maintain the integrity of the tracking code, promote Affiliate Network Program capabilities and efficiencies, and promote You and your Web site or subscription email performance to Music Industry Network Partners. Armusic1.com may also disclose data regarding a Visitor\s Transactions to You, if You referred the Visitor to the Music Industry Network Partner, for the performance of this Agreement and to the Music Industry Network Partner for the performance of the Music Industry Network Partner\s Music Industry Network Partner Service Agreement, and for your use for rewards programs that the Visitor is a member of (on the condition that the Visitor has authorized release of such information to You). Notwithstanding the foregoing, You represent and warrant that You shall not enable the Tracking Code to collect personally identifiable information of Visitors such that the Armusic1.com would be able based upon the data that is passed back by Music Industry Network Partners to personally identify Visitors. 5.3 Collection and Confidentiality of Visitors\ Personal Data. Armusic1.com promises not to disclose publicly, other than under compulsion of law, including subpoena, any personal or business information that can be linked specifically to any Visitors to your Web site that result directly from Links on your Web sites and/or subscription email mailings without the Visitor\s express permission (which may be through the Visitor\s membership to your subscription email or Web site program), to the extent Armusic1.com collects any such information, including, but not limited to, the Visitor\s name, email address, phone number, or any other personal information. 6.1 Term and Notices. This Agreement shall commence upon your indication that You have accepted this Agreement by \clicking through\ the acceptance button on the Armusic1.com Web site, and, subject to Section 6.2, shall last until terminated in accordance with the terms of this Agreement. Except as provided elsewhere herein, both parties must send all notices relating to this Agreement to: (a) for Armusic1.com, via registered mail, return receipt requested or via an internationally recognized express mail carrier to Armusic1.com, LLC, Attn: Legal Dept., 2280 Wren Rd, SE – Suite 521, Conyers, GA USA , and, (b) for You, at the email address listed on your Account, and shall be effective upon sending as long as Armusic1.com does not receive an error message regarding the delivery. Your Account may be closed and Armusic1.com may terminate this Agreement if your Account has not been logged into and/or there have been no Transactions credited to your Account for any 90 day period. 6.2 Temporary Deactivation and Termination. This Agreement may be terminated by either party upon 30 days notice. This Agreement may be terminated immediately upon notice for your breach of Section 1, or by either party if the other party challenges the party\s intellectual property rights during the Term. your Account may be deactivated in accordance with Sections 1, 2.2, 2.3, 3.5 or other material breach of this Agreement pending termination or cure of your breach. If this Agreement is terminated for your breach, You shall not be eligible to enter into a new click-on Adult Track Network Agreement with Armusic1.com, and any attempt to do so shall be null and void. Upon termination of this Agreement, an outstanding credit balance shall be paid by Armusic1.com to You within 90 days of the termination date, and an outstanding debit balance shall be paid by You to Armusic1.com within 30 days of termination of this Agreement, subject to amounts equivalent to pending for Charge-backs (that shall be paid promptly if and when Armusic1.com has been able to verify that no Charge-back is applicable). Upon termination of this Agreement, any license or sublicense granted under this Agreement will terminate, and the licensee/sub-licensee must immediately destroy or delete all physical and electronic copies of the Intellectual Property and the Confidential Information, and cause all Links to Music Industry Network Partners (or applicable Music Industry Network Partner) to be removed, and, in the case of termination, Links to Armusic1.com to be removed. Upon termination of this Agreement, or in case of deactivation of your Account pursuant to the terms of this Agreement, You shall no longer accrue Payouts in your Account for Visitors\ click-through to any Music Industry Network Partner\s Web site or Web site content (including but not limited to subsequent sales and/or Leads). 6.3 Survival. The provisions of this Section and Sections 1, 3.4, 3.5, 5.1, 5.2, 6, 8.1(a), 9, 10, 11.3, 11.4, 11.6, and 11.7 shall survive the termination of this Agreement. 7 Changes to the Affiliate Network Program. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. This Agreement may only be altered, amended or modified by an instrument that is assented to by each party to this Agreement by verifiable means, including without limitation by written instrument signed by the parties or through a \click through\ acknowledgement of assent. Notwithstanding the foregoing, Armusic1.com shall have the right to change, modify or amend (\Change\) this Agreement, in whole or in part, by notifying You of such Change, by email, at least 14 days prior to the effective date of such Change; provided however that either party shall have the right to terminate this Agreement pursuant to Section 6.2 in the event that You do not agree to such Change. 8.1 Remedies. No remedy or election shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 8.2 Third Party Disputes. Should any third party (including a Armusic1.com Music Industry Network Partner) dispute a party\s right to use any Link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered on a party\s Web site or through its subscription email, a party may, without prior notice, terminate this Agreement, or, in Armusic1.com\s case, deactivate your Account. A party\s representations regarding the preceding may or may not be relied upon in the other party\s decision whether to terminate this Agreement, or, in Armusic1.com\s case, deactivate your Account. 9.1 Business Operations. Each party will make reasonable commercial efforts to keep its Web site operational during normal business hours. However, the parties agree that it is normal to have a certain amount of system downtime and agree not to hold each other or your Music Industry Network Partners liable for any of the consequences of such interruptions. 9.2 Authority and Compliance with Laws. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party\s behalf. Each party is responsible for compliance with the applicable local laws in the jurisdiction from which it operates and represents and warrants such compliance. Each party represents and warrants that the party shall have all appropriate authority and rights to grant the licenses hereunder, and that to the party\s knowledge the licenses, and in the case of Armusic1.com, the technology that Armusic1.com utilizes for the Affiliate Network Program, do(es) not infringe a third party\s (or the other party\s) intellectual property rights. 9.3 Limitation of Liabilities. WITH THE EXCEPTION OF A PARTY\S INDEMNIFICATION OBLIGATIONS, ANY LIABILITY OF A PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PAYOUTS PAID AND PAYABLE TO YOU BY Armusic1.com AND INTEREST PAID AND PAYABLE BY YOU TO Armusic1.com DURING THE TERM OF THIS AGREEMENT. WITH THE EXCEPTION OF A PARTY\S INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER AFFILIATE OR AN MUSIC INDUSTRY NETWORK PARTNER OF THE AFFILIATE NETWORK PROGRAM), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. 9.4 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOTH PARTIES DISCLAIM ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT A PARTY\S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (D) AGAINST INTERFERENCE WITH ENJOYMENT OF A PARTY\S \INFORMATION\ (WEB SITE). ALL \INFORMATION\ AND \COMPUTER PROGRAMS\ PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. 9.5 Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 9 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT. 10.1 Armusic1.com\s Indemnification Obligations. Armusic1.com shall defend, indemnify and hold Affiliate harmless against all claims, suits, demands, damages, liabilities, losses, penalties interest, settlements and judgments costs and expenses (including attorneys fees) incurred, claimed or sustained by third parties, including but not limited to Music Industry Network Partners, for Armusic1.com\s breach of Section 9.2 (\Claims\). Should any Claim give rise to a duty of indemnification under the provisions of this Agreement, then Affiliate shall promptly notify Armusic1.com, and Affiliate shall be entitled, at its own expense, and upon reasonable notice to Armusic1.com, to participate in, control the defense, compromise and to defend of such Claim. Participation nor control in the defense shall not waive or reduce any of Armusic1.com\s obligations to indemnify or hold Affiliate harmless. 10.2 Affiliate\s Indemnification Obligations. Affiliate shall defend, indemnify and hold Armusic1.com harmless against all claims, suits, demands, damages, liabilities, losses, penalties interest, settlements and judgments costs and expenses (including attorneys fees) incurred, claimed or sustained by third parties, including but not limited to Music Industry Network Partners, directly or indirectly as a result of (a) Affiliate\s breach of or non-compliance with this Agreement, (b) Affiliate\s violation of any law or alleged violation of law by Armusic1.com that is a direct of indirect result of Affiliate\s use of the Affiliate Network Program (other than due to Armusic1.com\s knowing and intentional violation), (c)Affiliate\s use of the Affiliate Network Program, (d) Affiliate\s participation in any Program, (d) any content, goods or services offered, sold or otherwise made available by Affiliate to any person, (e) Affiliate\s acts of omissions in using, displaying or distributing any internet links obtained from the Affiliate Network Program or elsewhere, (f) any claim that Armusic1.com is obligated to pay tax obligations in connection with payment made to Affiliate pursuant to this Agreement and/or any Music Industry Network Partner\s Program, (g) any violation or alleged violation by Affiliate of any rights of another, including breach of a person\s or entity\s intellectual property rights, (h) Affiliate\s use of any content (\Claim(s)\). Should any Claim give rise to a duty of indemnification under this Section 10.2, Armusic1.com shall promptly notify Affiliate, and Armusic1.com shall be entitled, at its own expense, and upon reasonable notice to Affiliate, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Affiliate\s obligations to indemnify or hold Armusic1.com harmless. Affiliate shall not settle any Claim without Armusic1.com\s prior written consent. Affiliate shall indemnify Armusic1.com for any reasonable attorneys\ fees or other costs incurred by Armusic1.com in investigating or enforcing its rights under this Agreement. In the context of this Section 10.2 only, the term \Armusic1.com\ shall include officers, directors, employees, corporate Affiliates, subsidiaries, agents, and subcontractors. 11.1 Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph. The content in other Web sites specifically referenced in this Agreement, such as URLs, is incorporated by this reference as though fully stated in this Agreement. 11.2 Relationships of Parties/Third Party Rights. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them joint ventures or partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor. Certain provisions of this Agreement are intended to benefit each Music Industry Network Partner that has approved You for membership in its Program, and reciprocally, You are intended to benefit under each such Music Industry Network Partner\s Music Industry Network Partner Service Agreement. You agree that your rights under the Music Industry Network Partner\s Music Industry Network Partner Service Agreement do not exceed the Music Industry Network Partner\s duties, as your rights are limited by any defenses, claims and rights the Music Industry Network Partner may have. You agree that your consent is not necessary to modify any Music Industry Network Partner Agreement. 11.3 Dispute Resolution. The parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to this Agreement or breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Section 11.3 (\Dispute\). If the Dispute is not resolved through verbal and written communications, the matter will be submitted to The Better Business Bureau of Metro Atlanta (“BBB“), or its successor, for arbitration. Any Dispute submitted to arbitration shall be determined by arbitration in Rockdale County Georgia, USA before a sole arbitrator, in accordance with the laws of the State of Georgia (United States) for agreements made in and to be performed in that State. The language of the arbitration shall be English. The arbitration shall be administered by BBB of Metro Atlanta pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have no authority to award punitive damages or any other damages not measured by the prevailing party\s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Judgment on the arbitration award (\Award\) may be entered in any court having jurisdiction. The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys\ fees of the party that primarily prevails, against the party who that did not primarily prevail. 11.4 Choice of Law/Attorneys\ Fees. This Agreement is governed by the laws of the State of Georgia (United States), except for its conflict of law provisions. Each party may apply to the state courts in Rockdale County, Georgia, and, to the extent that federal courts have exclusive jurisdiction, in Rockdale County, Georgia for injunctive relief until such time as the award is rendered or the Dispute is otherwise resolved, and the parties agree that those courts and BBB of Metro Atlanta arbitration (in accordance with Section 11.3) shall be the exclusive for any such actions related to this Agreement. You consent to such venue and jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys fees and costs. Armusic1.com controls and operates its Web site from its offices in the U.S.A. and access or use where illegal is prohibited. 11.5 Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God. 11.6 Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver. 11.7 Assignment and Acknowledgement. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, consent of the other party shall not be required for assignment or transfer made by (a) operation of law, or (b) to an entity that acquires substantially all of the party\s stock, assets or business; notice of assignment or transfer is required. your use of the Affiliate Network Program is irrefutable acknowledgement by You that You have read, understood and agreed to each and every term and provision of this Agreement. Armusic1.com may establish from time to time rules and regulations regarding use of the Affiliate Network Program as published on the Affiliate Network Program and incorporated herein. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. Contact Information: A&R Music1.com, LLC 2280 Wren Rd, SE - Suite 521 Conyers, GA 30094 www.armusic1.com/contact Direct Line: 1-877-638-6522 x727 FAX: 1-877-638-6522 I agree with the terms of service
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