MessageRocks.com has a policy of allowing even the smallest of sites with low traffic counts to join and make money through our Affiliate Program. All qualifying sites are welcome.

Affiliate commissions can be earned in the following ways:

· Sales through a website that links to www.MessageRocks.com

· Sales by phone

· Sales by mail

These terms and conditions apply to your participation in the MessageRocks Affiliate Program (the “Program”).

Enrollment in the Program

To begin the enrollment process, you must submit a completed Program application via www.messagerocks.com/affiliates/. By completing and submitting this form, you are agreeing to these terms and conditions.

We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that you or your website is unsuitable for the Program. You should also note that if we accept your application and you or your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement without notice.

Unsuitable websites/individuals/businesses include, but are not limited to, those that:

· Use “MessageRocks,” or any other trademark of MessageRocks or its affiliates, or any variation or misspelling of any such trademark, in its URL to the left of the top-level domain name (e.g., “.com,” “.net,”, “.uk,” “.info,” etc.). [For example, a URL such as “messagerocks.mydomain.com,” “messagerocks.com,” or “messagerockssearch.net” would be unsuitable.]

· Engage in any form of typosquatting or cybersquatting.

· Violate or have violated the intellectual property rights of MessageRocks or of any other individual or business.

Sales Through Your Website

Once you have been notified that your website has been accepted into the Program, we grant you a revocable, nonexclusive, worldwide, royalty-free license for the duration of the term of this Agreement to use MessageRocks trademarks solely for the purpose of providing a link to www.messagerocks.com on your site.

MessageRocks will pay a 12.5% commission on each sale one of our MessageRocks made to visitors coming from your site. The buying customer must first land on your website, newsletter or email before being directed to the www.messagerocks.com website through the MessageRocks link or banner on your site. Links through PPC search engines must first lead to your website and then to www.messagerocks.com through the MessageRocks link or banner on your website. Sales coming directly from affiliate links placed on search engines are not eligible for commission. Cookies are used to track commissions on sales, which allows commissions to be correctly paid even if a user does not purchase the item until after many repeat visits.

You acknowledge that, by participating in the Program and placing a link to our site on your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use and disclosure of any and all such information, consistent with our privacy policy www.messagerocks.com/privacy.policy.

Except for the license granted in this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the www.messagerocks.com domain name.

You also acknowledge that we may monitor your site at any time for the purpose of ensuring compliance with these terms and conditions. Therefore, you agree that we may take such actions and that you will not seek to block or otherwise interfere with such monitoring (and that we may use technical means to overcome any methods used on your site to block or interfere with such monitoring).

In order to protect and preserve our goodwill, we have the right, but not the obligation, to pre-approve any graphics, logos, text and other content used on your website. You will make all deletions and modifications on your website requested by us. Your website will use all appropriate copyright, trademark and other intellectual property notices.

If your site specifies a price point for any MessageRocks product, you will ensure that your website is regularly updated to reflect all price changes.

We reserve the right to terminate any specific banner hosting without payment or other consideration if, in our sole discretion, we deem that particular hosting to be inappropriate to the host site traffic.

You must not modify the HTML code supplied for the MessageRocks banner in any way other than as expressly described in the online instructions and in the email you receive if you are accepted into the Program. To permit accurate tracking, reporting and fee accrual, you must ensure that the links between your site and the www.messagerocks.com site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the www.messagerocks.com site are not properly formatted.

You are solely responsible for all materials that appear on your site. You will strictly adhere to all applicable laws and regulations in conducting your business, as well as in marketing and advertising MessageRocks products. Without restricting the generality of the foregoing, you will not send spam email or any other communication to a recipient if the recipient has requested that you discontinue such communication. You will post and comply with a clear privacy policy.

Sales by Phone

Each sale of any of the MessageRocks Products by phone is eligible for commission if, and only if, the customer identifies the affiliate name and number at the time the order is made. It is your responsibility to notify the customer of this requirement. Under no circumstances will we pay commissions on orders where the affiliate or customer advises us of the referral subsequent to the order.

Sales by Mail

Each sale of any of the MessageRocks products by mail is eligible for commission if, and only if, the customer identifies the affiliate name and number on the order at the time the order is made. It is your responsibility to notify the customer of this requirement. Under no circumstances will we pay commissions on orders where the affiliate or customer advises us of the referral subsequent to the order.

Orders

We will process product orders placed by customers who follow links from your site to the www.messagerocks.com site or who purchase by mail, fax or phone, though we reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. We will track sales made to customers who purchase Products by using links from your site to the www.messagerocks.com site and will make available to you reports summarizing this sales activity. The form, content and frequency of the reports may vary from time to time in our discretion.

Payment of Referral Fees

We will pay commissions on each eligible (as defined above) collected sale any of the MessageRocks products. Payment will only be issued once the $50 commission amount has been reached. Commission checks will be sent on or before the fifteenth day of each month for previous month’s sales for which payment has been received.

Policies and Pricing

Customers who buy Products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service and Product sales will apply to those customers. We may change our policies and operating procedures at any time. You will refer all Product-and purchase-related questions, requests and queries to us.

Limited License; Intellectual Property

We grant you a nonexclusive, revocable right to use the banner and text we provide to you for use on your website and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

You acknowledge that all proprietary information, trademarks, copyrights and similar rights in, to and arising out of MessageRocks products and services are the exclusive property of MessageRocks. You will not in any manner represent that you have any ownership in such rights and/or materials.

If you learn of any claim or allegation that a MessageRocks product infringes upon or violates any intellectual property or other rights of a third party, or contains any unlawful, libelous or untrue statement, or if you learn that any third party is infringing upon or violating any intellectual property or other rights of MessageRocks, or contains any unlawful, libelous or untrue statement, you will immediately notify us in writing.

Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of and remove from your site all links to the www.messagerocks.com site, and all of our trademarks, trade dress, logos and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we terminate this Agreement due to your breach, we will not be required to pay any outstanding commissions.

Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the www.messagerocks.com site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures and Program rules. 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 THE WWW.MESSAGEROCKS.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

Whereas, if you are accepted into the Program, we will be working hand-in-hand for both of our benefits, nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE WWW.MESSAGEROCKS.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

Miscellaneous

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Additional Terms

You will not take any action that could reasonably cause any customer confusion as to our relationship with you or as to the site on which any functions or transactions are occurring.

You will not use MessageRocks marks or content to disparage MessageRocks or its affiliates, products or services.

Other than providing links on your site in accordance with this Agreement, you will not post or serve any advertisements or promotional content promoting the www.messagerocks.com site or otherwise around or in conjunction with the display of the www.messagerocks.com site (e.g., through any "framing" technique or technology or pop-up or pop-under windows) or assist, authorize or encourage any third party to take any such action.

You will not attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any website that participates in the Program.

You will not use any predatory advertising methods, which include, but are not limited to, any method that creates or overlays links or banners on websites, spawns browser windows and any method that is invented or intended to generate traffic from a website without that website owner’s knowledge, permission and participation. Examples include, but are not limited to, keyword parsing browser plug-ins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not website dependent and the use of cloaked websites.

You will not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Product without first obtaining our written consent.

If we determine, in our sole discretion, that you have engaged in any of the foregoing activities or, as the case may be, refused promptly to comply with a request from us to exclude Proprietary Terms from any keyword as mentioned above, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or immediately terminate this Agreement.

You will indemnify and hold us, our employees, officers, successors and assigns, harmless from and against any cost or expense all claims, damages and expenses (including, without limitation, reasonable attorneys' fees at arbitration, on trial or appeal) relating to the development, operation, maintenance and contents of your site, promotion of MessageRocks products or otherwise.