The Netfiliate Advertiser Terms of Service and Conditinos are as follows.
Lushann Web Technologies LLC is the owner and operator of an internet marketing
affiliate system called Netfiliate operated via an internet website located at
http://www.Netfiliate.com ("the Service"). The Service may include
associated media, print materials, and written instructions or documentation.
1. INTRODUCTION
1.1 This Agreement sets out the terms and conditions on which Lushann Web
Technologies LLC is willing to provide the Advertiser with such advertising
space as well as the terms and conditions of the Advertiser’s membership
to and participation in the Service.
1.2 By completing either the printed or electronic version of the Netfiliate
purchase order and enrolling to use the Service, you agree to be bound by the
Netfiliate Advertiser Agreement terms and conditions, including the purchase
order, payment terms, policies, rules, standards and guidelines
"Policies") related to the Service, in effect from time of purchase.
1.3 In this agreement, "you", "your", and Advertiser refers
to the Subscriber. You agree that any of your agents, representatives,
employees, or any person or entity acting on your behalf with respect to the
use of the Service, shall be bound by, and shall abide by these Terms of
Service and Conditions. You further agree that you are bound by these Terms and
Conditinos whether you are acting on your own behalf or on behalf of a third
party.
1.4 By accepting the terms and conditions, Advertiser (i) represents and
warrants that he or she is 18 years or older; (ii) agrees to provide true,
accurate, current and complete information; and (iii) agrees to maintain and
update this informatino to keep it true, accurate, current and complete. If any
informatin provided by Advertiser is untrue, inaccurate, not current or
incomplete, Lushann Web Technologies LLC has the right to terminate
Advertiser's account and refuse any and all current or future use of the
Service.
1.5 Multiple Accounts: You are only entitled to set up one (1) Advertiser
account with Lushann Web Technologies LLC ("Advertiser Account"). You
may use your Advertiser Account in connection with as many domains and/or
websites you own or otherwise have the right to use. In the event that Lushann
Web Technologies LLC has reasonable grounds to believe that you have set up
multiple Advertiser Accounts, Lushann Web Technologies LLC shall terminate all
such accounts and withhold payment of any commission or other monies payable to
these accounts.
2. DEFINTIONS
"Member/Publisher/Affiliate" shall mean the person or entity that
signs up with the Advertiser and uses the System on their respective website,
newsletter and promotes the Advertiser. These people or firms are referred to
as Members, Publishers, or Affiliates.
"Click-through": means the act of a Visitor clicking on a banner
advertisement or other text or graphic hyper-link displayed on the
Affiliate’s website(s), whereby the Visitor’s web-browser is
redirected the website(s) of Lushann Web Technologies LLC and/or the
Netfiliate Advertisers.
"Lead": means any act of a Visitor that occurs after a Click-through,
such as a completing a form or other mechanism to identify potential customers
that is not dependent on a payment being made but for which an Netfiliate
Advertisers attaches an implied value and has nominated a corresponding Pay-out
Rate for such acts;
"Sale": means any act of a Visitor that occurs after a Click-through
that directly results in a payment being made to Lushann Web Technologies LLC
and/or Netfiliate Advertisers.
"Visitor" means a person connected to the internet and whose internet
browser is configured in such a way that the website(s) of the Affiliate are
displayed to the Visitor.
"Span" shall mean email sent to users without the user signing up for
the newsletter or mailing list. This is also commonly known as 'unsolicited
commercial email'.
"Starting Date" shall mean the day uppon which You enroll as a
Subscriber to the Service.
3. ADVERTISER REQUIREMENTS
3.1 The Advertiser agrees that their website shall not contain material or
content (or links to such content) that:
a. Contains nudity, vulgar or obscene language or is otherwise of a sexual or
pornographic nature;
b. Is hateful, derogatory or bigoted based on racial, ethnic, political or
sexual grounds;
c. Is defamatory or invades another person's privacy or property rights or is
otherwise illegal.
d. Depicts minors engaged in any activity of a sexual nature or may otherwise
harm minors.
e. Infringes the trademark rights, copyright or other intellectual property
rights of third parties.
f. Violates any applicable local, state, national or international law or
regulation.
g. Promotes, is involved in or assists in, the conduct of illegal activity of
any kind or promote business opportunities or investments which are not
permitted under law.
h. Advertises or offers for sale any goods or services that are unlawful or in
breach of any national or international law or regulation.
i. Advertise or offer for sale any goods or services the Advertiser does not
have the legal right to sell.
3.2 The Advertiser shall remain solely responsible for the content on their
website. Under no circumstances shall Lushann Web Technologies LLC be
responsible or liable for the practices of any Affiliate or Advertiser or for
the content on any Affiliate’s or Advertiser’s website.
4. PAYOUTS TO AFFILIATES/PAYOUT RATES
4.1 The Advertiser shall be required to nominate to Lushann Web Technologies LLC
the payout rate the Advertiser is prepared to pay to the Advertiser’s
Affiliates for each Click-through, Lead or Sale ("Payout Rate") that
result from a Visitor being referred to the Advertiser’s website(s) by an
Affiliate ("Payout Event").
4.2 Lushann Web Technologies LLC will notify all Affiliates of the change
in the Advertiser’s Payout Rates. If the Advertiser has established
custom Payout Rates or other such arrangements with a particular Affiliate,
the Advertiser is responsible for notifying such Affiliates of these
changes.
4.3 If the Advertiser agrees to pay the Affiliates for Leads and/or Sales
and the Visitor does not complete the transaction on the initial Click-through,
the Advertiser will be obligated to pay the agreed Payout Rate for any
subsequent Lead or Sale that occurs within 45 calendar days (unless otherwise
specified by the Advertiser).
4.4 If a Visitor has clicked on
the Advertiser’s
link placed on more than one of the Affiliates websites,
the Payout will be credited to the Affiliate whose link was most recently
clicked on, prior to the relevant Sale or Lead. Lushann Web Technologies
LLC’s tracking system
shall be the sole and binding record in this regard.
5. REVERSED TRANSACTIONS
5.1 The Advertiser may, or Lushann Web
Technologies LLC may on its own initiative, reverse a
transaction, deducting the amount of the transaction from
the Affiliate who initiated the transaction, in the event
of a:
(a) duplicate entry or other clear error;
(b) non-bona fide or fraudulent Click-through, Lead or Sale; or, hereafter
referred to as a "Reversed Transaction".
6. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
6.1 The Advertiser hereby grants to Lushann Web Technologies LLC a revocable,
non-transferable, royalty free, international license to display on and
distribute from the Service, links to the Advertiser’s website(s) and all
trademarks, service marks, trade names, and/or copyrighted material of the
Advertiser ("Advertiser Content") for the limited purposes of
promoting the Advertiser’s website(s) to the Affiliates and potential
Affiliates, subject to the terms and conditions of this Agreement and the
Netfiliate Affiliate Agreement.
6.2 The above mentioned license shall be sub-licensable by Lushann Web
Technologies LLC to the Affiliates that promote the Advertiser's website(s)
(“the Advertiser's Affiliates”). The Advertiser's Affiliates may
not distribute and/or sublicense the Advertiser's links and/or Content unless
with the Advertiser's written permission.
6.3 Lushann Web Technologies LLC and the sub-licensees shall not otherwise copy
nor modify, in any way, any icons, buttons, banners, graphics files, or the
Content that the Advertiser has made available through Netfiliate pursuant to
the foregoing license, except, as necessary to convert the Advertiser’s
links to a format compatible with Lushann Web Technologies LLC's software.
Lushann Web Technologies LLC and the sub-licensees may not remove or alter any
copyright or trademark notices.
6.4 Lushann Web Technologies LLC hereby grants to the Advertiser a revocable,
non-transferable, royalty free, international sub-license to display on the
Advertiser's website(s), the Advertiser's Affiliates' trademarks, service
marks, trade names, and/or copyrighted material of the Advertiser's Affiliates
that is provided to the Advertiser through the Service ("the Affiliates
Content"), subject to the terms and conditions of this Agreement and the
Netfiliate Affiliate Agreement entered into by each of the Advertiser's
Affiliate's.
6.5 The Advertiser may not distribute and/or sublicense any of the
Advertiser’s Affiliate's content unless authorized by the Affiliate in
writing. The Advertiser shall not copy nor modify, in any way, any of the
Affiliates Content made available to the Advertiser pursuant to the foregoing
license, nor remove or alter any copyright or trademark notices.
6.6 Lushann Web Technologies LLC it hereby grants to the Advertiser, a
non-exclusive, non-transferable, non-sub-licensable license to use
Netfiliate’s trademarks, service marks, trade names, and/or copyrighted
material ("Netfiliate’s Content") solely in connection with
the promotion of Netfiliate on and through the Advertiser’s website(s).
7. NO CHALLENGE TO INTELLECTUAL PROPERTY
7.1 Lushann Web Technologies LLC acknowledges that it obtains no property or
ownership rights in the Advertiser Content
7.2 The Advertiser acknowledges that the Advertiser obtains no property or
ownership rights in Netfiliate's Content, patents and patent applications, and
agrees not to challenge Lushann Web Technologies LLC's property or ownership
rights in Netfiliate's Content or its patents or patent applications.
7.3 The Advertiser acknowledges that the Advertiser obtains no property or
ownership rights in the Affiliates' Content, and agrees not to challenge such
Affiliate's property or ownership rights to the Affiliates' Content.
7.4 The licensees/sub-licensees agree that all goodwill arising as a result of
the use of the licensor's intellectual property shall inure to the benefit of
the licensor, and that all non-licensed /or sublicense Confidential 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.
8. TERMINATING LICENSES
8.1 The Advertiser may terminate any license and/or sublicense under this
Agreement immediately upon written notice to the licensee/sub-licensee if the
Advertiser has reasonable concerns that the licensee/sub-licensee is diluting,
tarnishing or blurring the value of the Advertiser’s trademarks, service
marks, and/or trade names, and/or breach of the Advertiser’s other
intellectual property rights.
8.2 This Agreement may be terminated in whole or part if Lushann Web
Technologies LLC has reasonable grounds to believe that the Advertiser is
diluting, tarnishing or blurring the value of Netfiliate's trademarks, service
marks, and/or trade names, and/or for breach of Lushann Web Technologies LLC's
other intellectual property rights.
9. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
9.1 Lushann Web Technologies LLC and the Advertiser acknowledge that during the
term of this Agreement, we may each come into the possession of or become
acquainted with certain confidential information of the other party.
9.2 The term "Confidential Information" shall mean all information of
a private, secret or confidential nature concerning the Advertiser's or Lushann
Web Technologies LLC's business, business relationships, or financial affairs,
whether or not marked or otherwise designated as "confidential" or
with a similar legend indicating its confidential nature. By way of
illustration, but not limitation, Confidential Information shall include the
inventions, products, processes, methods, techniques, formulas, compositions,
compounds, projects, developments, plans, research data, source code, financial
data, personnel data, computer campaigns, customers and supplier lists, and
contacts at or knowledge of customers or prospective customers of The
Advertiser or Lushann Web Technologies LLC. The term "Confidential
Information" shall not include information that: (i) is or becomes
generally known or available by publication, commercial use or otherwise
through no fault of the receiving party; (ii) is already rightfully in the
receiving party's possession without restriction prior to its receipt from the
disclosing party; (iii) is independently developed or learned by the receiving
party; or (iv) is lawfully obtained by the receiving party from a third party
that has the right to make such disclosure. Neither The Advertiser nor Lushann
Web Technologies LLC shall, directly or indirectly:
(a) disclose Confidential Information to any person or entity other than its
employees or professional advisors, and then only in the event that such
disclosure is necessary for the fulfillment of such party's obligations
hereunder; o
(b) use Confidential Information disclosed by the other party for its own
benefit or for the benefit of any other person or entity, except as
specifically authorized by the disclosing party.
9.3 With the exception of the Advertiser’s e-mail address, the information
that the Advertiser supplies to establish and maintain the Advertiser's Account
shall be Confidential Information. The Advertiser shall be responsible for all
usage and activity on The Advertiser's Account and for loss, theft or
unauthorized disclosure of The Advertiser’s password (other than through
Lushann Web Technologies LLC's grossly negligent or willful conduct or
omission). The Advertiser shall notify Lushann Web Technologies LLC by email to
support@Netfiliate.com immediately upon becoming aware of any known or
suspected unauthorized use of The Advertiser’s Account or breach of the
security of The Advertiser’s Account.
10. Lushann Web Technologies LLC'S COLLECTION AND USE OF TRANSACTION DATA
10.1 Lushann Web Technologies LLC does not collect any information or data about
visitors to the Advertiser's website(s), other than what it receives through
the tracking codes included in the Advertiser's links. Lushann Web Technologies
LLC reserves the right to utilize this data for statistical purposes and to
further enhance the efficiency of the Service. With the visitors permission
Lushann Web Technologies LLC may also disclose data concerning a visitors'
transaction to the Affiliate that referred the visitor.
11. COLLECTION AND CONFIDENTIALITY OF VISITORS' PERSONAL DATA
11.1 Lushann Web Technologies LLC will not to disclose publicly, other than as
required by law, any personal or business information Lushann Web Technologies
LLC collects in relation to any visitor to the Advertiser's website(s) that
results from a referral from the Advertiser’s Affiliates' website(s),
including but not limited to, the visitor's name, e-mail address, phone number,
or any other personal information, without the visitor's express permission.
12. LEGAL NOTICES
12.1 All notices required to be sent under this Agreement shall be sent via
e-mail:
(a) If to Lushann Web Technologies LLC, to support@netfiliate.com, and,
(b) If to the Advertiser, at the e-mail address listed on the
Advertiser’s account details page (as amended from time to time).
12.2 Any notice shall be deemed effective upon the logging by sender's server of
confirmation of delivery of the email to the recipients email server.
13. AMENDMENTS TO THIS AGREEMENT
13.1 Lushann Web Technologies LLC reserves the right to modify, alter or amend
this Agreement at any time in its absolute discretion. The Advertiser shall be
bound by all such amendments immediately upon being giving notice of such
amendments in accordance with Clause 18 above.
13.2 Lushann Web Technologies LLC shall provide a notice setting out the amended
terms and conditions, by posting a notice on the Service and sending you a
notice by email at the address nominated by you when establishing your Account.
All such notices shall be deemed to have been validly given upon the logging by
Lushann Web Technologies LLC's server of confirmation of delivery of the email
to the recipients email server.
13.3 You shall be deemed to have knowledge of, understood and agreed to be bound
by the amended terms and conditions by virtue of your continued participation
in the Netfiliate and/or use of the Service immediately following the date
such notice is validly given.
14. TERMINATION OF AGREEMENT
14.1 Either party may terminate this Agreement if the other party breaches this
Agreement and fails to remedy such breach within 7 days of receipt of written
notice from the non-breaching party of the existence and nature of the breach.
14.2 Lushann Web Technologies LLC may terminate this Agreement without reason,
upon giving 14 days prior written notice to the Advertiser of its intention to
do so.
14.3 Lushann Web Technologies LLC may immediately terminate this Agreement and
cancel the Advertiser’s Account without notice, if the Advertiser
breaches Clause 3, 4, 8, 9, 11, 13 or 16.
14.4 The Advertiser may terminate this Agreement, without reason, upon giving
written notice to Lushann Web Technologies LLC. Termination under this Clause
21.4 shall take effect on the 14th day of the month following the month in
which such notice is given.
14.5 If this Agreement is terminated by Lushann Web Technologies LLC, the
Advertiser shall not be eligible to re-apply to become an Advertiser in
Netfiliate without the prior written consent of Lushann Web Technologies LLC
and any attempt to do so shall be null and void.
14.8 Upon termination of this Agreement, any license or sublicense granted to
the Advertiser or by the Advertiser 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 Lushann Web Technologies LLC to be removed.
14.9 Upon termination of this Agreement, Lushann Web Technologies LLC shall
immediately:
(a) Notify all the Advertiser's Affiliates in Netfiliate that the
Advertiser’s Account as been cancelled;
(b) Instruct the Advertiser’s Affiliates that all links to the
Advertiser’s website be removed.
14.10 No remedy or election shall be exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
15. OBLIGATIONS SHALL SURVIVE
15.1 So far as is applicable, the provisions of this Agreement shall survive the
termination of this Agreement.
15. THIRD PARTY DISPUTES
16.1 Should any third party 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, a party may, immediately upon notice,
terminate this Agreement or, in the case of Lushann Web Technologies LLC,
deactivate The Advertiser’s Account.
17. RESPONSIBILITY FOR AND MAINTENANCE OF WEBSITES
17.1 Each party will be solely responsible for the development, operation, and
maintenance of its website(s) and for all information and materials that appear
on its website(s). Such responsibilities include, but are not limited to,
ensuring the technical operation of respective Web site and all related
equipment; creating and posting content, descriptions, and references on each
party's website and linking those descriptions to the website; the accuracy and
propriety of materials posted on each party's (including, but not limited to,
all product-related materials); ensuring that materials posted on the Service
do not violate or infringe upon any trademark, copyright or other intellectual
or Confidential rights of any third party and are not libelous, illegal or
offensive. Each party will make reasonable commercial efforts to keep its
website operational during normal business hours. In the event that there is an
interruption in service on the either party's website or a link is not
functioning properly, the party's will notify one another immediately and act
in a commercially reasonable manner to ensure that services on the each party's
Site are resumed within a reasonable time. However, the parties agree it is
normal to have a certain amount of system downtime and agree not to hold each
other or The Advertiser’s Affiliates liable for any of the consequences
of such interruptions.
18. ADVERTISER RESPONSIBILITIES IN RESPECT TO CUSTOMERS REFERRED BY
AFFILIATES
18.1 The Advertiser will be solely responsible for processing and fulfilling
every order placed by a customer following a referral from a Affiliate, within
a reasonable time, including, without limitation, ordering and stocking
inventory, shipping orders, cancellations, returns, insuring shipments, and
related customer service. The Advertiser shall deliver the products or services
to each customer no later than the delivery date promised or otherwise
represented to such user, and within a timeframe consistent with the
fulfillment and delivery of confirmed orders for the Advertiser’s
products and services generally. Any inquires concerning the Advertiser’s
Site that may be placed with Lushann Web Technologies LLC may be re-directed to
the Advertiser’s customer support services.
19. AUTHORITY AND COMPLIANCE WITH LAWS
19.1 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 Lushann Web Technologies
LLC, the technology that Lushann Web Technologies LLC utilizes for the
Netfiliate does not infringe a third party's (or the other party's)
intellectual property rights.
20. LIMITATION OF LIABILITY
20.1 To the maximum extent allowed by applicable law, neither party shall be
liable to the other party, or any third party (including but not limited to a
claim by an affiliate or advertiser of the Service service), nor any of its
members, subsidiaries, affiliates, service providers, licensors, officers,
directors, employees or agents shall be liable for any direct, indirect,
incidental, special or consequential damages arising out of or relating to this
advertiser agreement, resulting from the use or the inability to use the
campaign, for the cost of procurement of substitute goods and services,
resulting from any goods or services purchased or obtained or messages received
or transactions entered into through any Lushann Web Technologies LLC web site
or the campaign or resulting from unauthorized access to or alteration of the
advertisers transmissions or data, including but not limited to, damages for
loss of profits, use, data or other intangible, even if such party has been
advised of the possibility of such damages. Unless prohibited by law in the
advertisers country or jurisdiction, if the advertiser is dissatisfied with
Lushann Web Technologies LLC, its services or promotions available through the
campaign, the advertisers sole and exclusive remedy is to cancel the
advertisers membership. Notwithstanding the foregoing, to the extent permitted
by applicable law, our liability to the advertiser or any other party in any
circumstance is limited to the total of the amount payable by the advertisers
affiliates to the advertiser.
21. DISCLAIMER OF WARRANTIES
21.1 The advertiser expressly agree that use of any Lushann Web Technologies LLC
website, the affiliates and the Netfiliate is at the advertiser’s sole
risk. The campaign is provided on an "as is" basis. To the maximum
extent allowed by applicable law, Lushann Web Technologies LLC expressly
disclaims all warranties of any kind, express or implied by law, custom or
otherwise, including without limitation any warranty of merchantability, that
there are no viruses or other harmful components, that a party's security
methods employed will be sufficient, regarding correctness, accuracy, or
reliability, satisfactory quality, fitness for a particular purpose,
performance, informational content, accuracy, and system integration. there is
no warranty against interference with the advertiser enjoyment of the Service
or campaign or against infringement. Lushann Web Technologies LLC makes no
warranty regarding any goods or services purchased or obtained through any of
our web sites or newsletters (including, without limitation, the status of a
good or service as "free"), the operation of the contest or any
transactions entered into through the foregoing.
22. INDEMNIFICATION
22.1 Each party (indemnitor) shall defend, indemnify and hold harmless the other
party (indemnitee), and its subsidiaries and affiliates, and their respective
directors, officers, employees, agents, shareholders, partners, members, and
other owners, from and against any and all claims, actions, demands,
liabilities, obligations, losses, damages, judgments, settlements, costs, and
expenses (including reasonable attorneys' fees and investigation costs), or any
other liability whatsoever (any or all of the foregoing hereinafter referred to
as "losses") insofar as such losses (or actions in respect thereof)
arising out of or relating to this advertiser agreement, including without
limitation to affiliates, for the indemnitor's breach of this agreement and for
claims of product liability and/or malpractice or misfeasance in the
performance of services ("claims"). Should any claim give rise to a
duty of indemnification under the provisions of this agreement, then the
indemnitee shall promptly notify the indemnitor, and the indemnitee shall be
entitled, at its own expense, and upon reasonable notice to the indemnitor, to
participate in, control of the defence, compromise and to defend such claim.
The indemnitor may not settle any claim without the consent of the indemnitee,
except upon terms and conditions offered or consented to by the indemnitee,
which consent shall not be unreasonably withheld. Neither participation nor
control in the defence shall waive or reduce any obligations to indemnify or
hold harmless.
23. HEADINGS AND REFERENCES
23.1 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.
24. RELATIONSHIPS OF PARTIES/THIRD PARTY RIGHTS
24.1 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 venturers 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.
25. FORCE MAJEURE
25.1 Neither party will be in default or otherwise liable for any delay or
failure in its performance under this Advertiser Agreement where such delay or
failure arises by reason of an Act of God, or any government or governmental
body, acts of war, the elements, strikes or labor disputes, power or system
failures, failure of the Internet, computer hacking, or other causes beyond the
reasonable control of such party.
26. GOVERNING LAW AND OTHER TERMS
26.1 This agreement shall be governed by and construed in accordance with the
laws of the Commonwealth of Vriginia. You hereby submit to the non-exclusive
jurisdiction of the courts of Queensland, Australia and all appelate courts.
27. SEVERABILITY
27.1 If any provision of this Agreement is found to be unenforceable it shall be
severed from this agreement and the remainder will remain in full force and
effect.
28. ASSIGNMENT
28.1 This Agreement and the rights and obligations under it are personal to you.
You may not transfer, delegate, or assign this Agreement.
29. ENTIRE AGREEMENT
29.1 This Agreement constitutes the entire agreement between You and Lushann Web
Technologies LLC in connection with the Service and supersedes all prior
agreements between the parties regarding the subject matter contained herein.
30. WAIVER
30.1 The waiver or failure of any party to exercise any rights under this
Contract shall not be deemed a waiver or other limitation of any other right or
any future right.
31. COMPLIANCE CHECKS
31.1 Lushann Web Technologies LLC reserves the right to periodically monitor the
Advertiser's use of Netfiliate and Site at any time without notice for the
purpose of determining compliance with this Agreement and may randomly request
that an Affiliate provide all reasonable and necessary information required by
Lushann Web Technologies LLC to determine such compliance.
31.2 Lushann Web Technologies LLC uses advanced anti-fraud systemse. Affiliates
applying to join Netfiliate with the intent of generating fraudulent
click-throughs should be advised that the system will detect and document all
fraudulent activity. Fraud may result in non-payment, removal from Netfiliate,
and/or legal action.