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Affiliate Program Marketing Agreement
This is a legal agreement between Red Pocket, Inc. ("Company" or Red Pocket) and you as the Partner,
Network, Affiliate, Partner, or Web Site ("Affiliate"). By executing this agreement, you are agreeing that
you have read and understand the terms and conditions of this agreement and that you agree to be
legally responsible for every term and condition.
1) Definitions
a) Affiliate Link(s) An internet URL associated with an Affiliate, Agent, or Partner of Affiliate in
marketing of Company products or services.
b) Ad Networks An entity that connects advertisers to websites that want to host advertisements.
c) Adult Content Any material, including audio or video material, which is pornographic or which
contains nudity, explicit sexual material or depictions of sexual acts.
2) Marketing and Services Relationship
This agreement outlines the details of a marketing relationship between the Company and Affiliate,
whereby Affiliate will advertise Red Pocket products and/or services using Red Pocket provided creative
elements as appropriate and Red Pocket will compensate Affiliate on a CPA (cost per acquisition) basis.
The Parties acknowledge and agree that in connection with the services provided, the Affiliate shall be
actively using its proprietary network of in-person (e.g., D2D and Tabletop) and telemarketing customer
acquisition channels comprised of outside vendors (Subcontracted Vendor) to acquire customers for
the Company.
The Company agrees that throughout the Term of this Agreement and for a period of three (3) months
thereafter, neither the Company nor its affiliates, employees, principals, representatives or agents may
knowingly, directly or indirectly, contact, deal with, communicate with or solicit services from any
Subcontracted Vendor for the purposes of circumventing or attempting to circumvent the Affiliate in
connection with the service arrangement contemplated herein, unless the Company can demonstrate
that prior to the Term, it had a pre-existing contract or dealings with the Subcontracted Vendor for
similar services. The Company further acknowledges and agrees that to the extent it becomes aware that
it has directly or indirectly circumvented Representative, it shall immediately cease and decease its or its
affiliates circumvention, and take the necessary steps to ensure that there is no indirect circumvention
through any third parties. The Company agrees that a violation of this non circumvention provision
would cause irreparable injury to the Affiliate for which there is no adequate remedy at law, and agrees
that Affiliate may be entitled to obtain immediate injunctive relief prohibiting such impending or existing
violation in addition to any other rights and remedies available to it.
This is a non-exclusive relationship, and subject to the restrictions on confidentiality and non
circumvention, either Party may freely engage or provide services to other market participants.
3) Affiliate Participation Requirements
a) Prohibited Content and Behavior. Affiliate must ensure that all Affiliate Links meet the following
criteria:
i) Affiliate Links cannot offer incentives to users to click on Companys ads; incentives include but are not
limited to awarding them cash, points, prizes, contest entries, etc.;
ii) Affiliate Links will not intentionally place creatives on blank web pages or on web pages with no
content.
iii) Affiliate will use best efforts to ensure that Affiliate Links are fully functional at all levels; no "under
construction" sites or sections.
iv) Affiliate link content cannot contain any adult content or link from or to any adult content.
v) Affiliate Links cannot place the Company's advertisements into a framed environment unless
approved by the Company in writing.
vi) Affiliate Links cannot be 'point, lottery, or rewards' based encouraging users to click on the Company's
banner ads or use the Company's advertising to generate revenue for users to win points, get rewards, or
other incentives unless expressly approved in writing from the Company.
vii) Affiliate Links may NOT place any of the Company's advertisements on Ad Networks without written
consent and approval from the Company.
viii) Affiliate Links will not place advertisements on illegal websites including but not limiting to
Bit-Torrent sites, P2P and/or Spyware or malicious code of any sort and/or alternatively questionable
areas.
ix) Affiliate will use best efforts to ensure that Affiliate Links do not to carry objectionable materials
which would revoke their affiliation as determined by the Company.
x) Affiliate Link(s) will only include Red Pocket related banners and text on their site/s, if such banner
and texts are Red Pocket approved a
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