Signup Terms

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND LAZARUS LABS.

BY SUBMITTING THE ONLINE APPLICATION 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 EACH AND EVERY TERM AND CONDITION.

The purpose of this Agreement is to allow HTML linking between your web site and the lazaruslabs.com web site

Terms and Conditions:
You agree to the terms and conditions outlined in this Terms of Use Agreement ('Agreement') with respect to this Web site (the 'Site'). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.

The following terms and conditions (this 'Agreement') is a legal agreement between us ('Company') and you ('You' or 'Your'), the user of the website (the 'Site'). You and Company may also be individually referred to herein as a 'Party' and collectively as 'Parties'. You agree to use the Site and any additional services offered by Company in the future only in accordance with this Agreement. Company reserves the right to make changes to the Site and the terms and conditions of this Agreement at any time. Your continued use of the Site after any such modification and notification thereof shall constitute Your consent to such modification.

1. Background and Use of the Site.
The Site allows Company to post offers of advertising programs sponsored by Company or its affiliates on the system ('Program(s)'). The Programs will specify the amount and terms under which You will receive payment ('Bounty') when the Program's requirements are fulfilled. Bounties are generated from a specified event ('Event') identified in a Program, such as clicks, click-throughs, sales, registrations, impressions and leads. The definition of the Event associated with a Program is set forth in the Program's specifications, and such definition shall govern this Agreement. If You accept a Program, You agree to place that Program's advertising creative on Your media properties, such as Your website, affiliated websites or email distribution lists ('Media'), in accordance with the terms of the accepted Program. Company may change a Program at any time unless otherwise specified upon reasonable notice to You. Similarly, You may drop previously accepted Programs at any time unless otherwise specified. Company is responsible for displaying and administrating all active Programs and tracking the payments owed. Company shall compile, calculate and electronically deliver data required to determine Your billing and compensation. Company's figures and calculations shall be final and binding. Any questions regarding the data provided by Company need to be submitted in writing within 30 days of receipt, otherwise the information will be deemed accurate and accepted as such by You.

2. Affiliate Obligations.
2.1 To begin the enrollment process, you will complete and submit the online application at the LinkTrust.com server. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including but not limited to the following:
2.1.1 Promotes sexually explicit materials
2.1.2 Promotes violence
2.1.3 Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4 Promotes illegal activities
2.1.5 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6 Includes "Lazarus Labs" or variations or misspellings thereof in its domain name
2.1.7 Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8 Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Lazarus Labs or any other affiliated business.

2.2 As a member of the Lazarus Labs Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the lazaruslabs.com web site) and banner creatives, and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

2.3 Lazarus Labs reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4 The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

2.5 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

2.6 We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Lazarus Labs products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and Lazarus Labs must be clearly disclosed in a separate policy on the affiliate sites. The FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed”. The FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists [full text here]. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate a relationship with any non-compliant affiliates.

3. License.
All websites, newsletters, companies, or individuals need official approval from Company before they can become an Affiliate Partner ('Affiliate'). Only websites, affiliated websites and email distribution lists that have been reviewed and approved are permitted to use the Site. Company reserves the right to withhold or refuse approval for any reason, whatsoever.

3.1 In order to be eligible to become a Company Affiliate, all websites, affiliated websites and email distribution lists must meet the following criteria:
3.1.1 Be content-based, not simply a list of links or advertisements, nor can the site be centered around making money off of our Advertisers.
3.1.2 Be written in English and contain only English language content.
3.1.3 Have a top-level domain name.
3.1.4 Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.
3.1.5 Be fully functional at all levels; no 'under construction' sites or sections.
3.1.6 Spawning process pop-ups and exit pop-ups are prohibited.

3.2 The content of the websites, affiliated websites and email distribution lists cannot infringe on any personal, intellectual property or copyrights including but not limited to:
3.2.1 Racial, ethnic, political, hate-mongering or otherwise objectionable content
3.2.2 Investment, money-making opportunities or advice not permitted under law
3.2.3 Gratuitous violence or profanity
3.2.4 Material that defames, abuses, or threatens physical harm to others
3.2.5 Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc.
3.2.6 Software Pirating (e.g., Warez, Hotline)
3.2.7 Hacking or Phreaking.
3.2.8 Any illegal activity whatsoever
3.2.9 Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic

Company grants You a non-transferable, non-exclusive limited license, if approved, to use the Site and any data, reports, information or analyses arising out of such use, subject to the terms and conditions set forth herein. You acknowledge and agree that You do not have, nor will claim any right, title or interest in the Site software, applications, data, methods of doing business or any elements thereof. You may only access the Site via web browser, email or in a manner approved by Company. Site integration tags must NOT be altered. Altering tags may jeopardize Your ability to be paid.

4. Fraud.
Company actively monitors traffic for Fraud. If we detect fraud, your account will be made inactive pending further investigation.

If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation (as determined solely by Company, such as pre-population of forms or mechanisms not approved by Company), you will forfeit your entire commission for all programs and your account will be terminated. Company reserves sole judgment in determining fraud, and you agree to this clause.

It is the OBLIGATION of the Affiliate to prove to Company that they are NOT committing fraud. Company will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:
Have click-through rates that are much higher than industry averages and where solid justification is not evident.

Have ONLY click programs generating clicks with no indication by site traffic that it can sustain the clicks reported.

Have shown fraudulent leads as determined by our clients.

Use fake redirects, automated software, and/or fraud to generate clicks or leads from our programs.

5. Promotion Restrictions:
5.1 You are free to promote your own web sites, but naturally any promotion that mentions Lazarus Labs could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Lazarus Labs. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Lazarus Labs so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Lazarus Labs so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Lazarus Labs. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Lazarus Labs Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

5.2 Affiliates are strictly prohibited from bidding in their Pay-Per-Click campaigns on such branded keywords as Lazarus Labs, Lazaruslabs, lazaruslabs.com, www.lazaruslabs.com, www.lazaruslabs, as well as any misspellings or variations of these - be it in "TM" or "TM+" manner. While we will do everything possible to contact the violating affiliate prior to banning them from our affiliate program, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

5.3 Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited lazaruslabs.com website (i.e., no page from our site or any Lazarus Labs content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open lazaruslabs.com website; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

6. Payment.
You will be paid a minimum of 30% of any and all purchases made by a customer referred by your Affiliate link through our banners or text links, plus a minimum of 30% on all re-orders, plus 5% on all 2nd tier sales.

Minimum amount for commission checks to be issued to US domestic affiliates is fifty dollars ($50). Minimum amount for commission checks to be issued to International affiliates is one hundred dollars ($100). Any amount under this will be held in your account until the minimum payout is reached (this is ongoing).

All commissions will be paid in U.S. dollars (USD). You should expect your check five to ten business days after the end of a billing cycle. Commissions earned on sales from the 1st to the 15th are paid on the 20th and commissions earned on sales from the 16th to the 31st are paid on the 5th. Basically, every 15 days you will receive money!

7. Access to Affiliate Account Interface.
You will create a password so that you may enter LinkTrust’s secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.

8. Termination.
This Agreement shall commence upon Your acceptance and remain in effect until terminated. This Agreement may be terminated by either Party upon three (3) days' notice. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute discretion, to terminate a Program and remove any advertisements at any time for any reason. Company also reserves the right to terminate Your access to the Site at any time without notice. Reasons for termination or suspension can include but are not limited to fraudulent, inaccurate or expired contact information and fraudulent lead data or transactions.

Termination notice may be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next billing cycle. If Affiliate defrauds the system, then payment is revoked as determined solely by Company.

The representations, warranties and obligations contained in this agreement shall remain in full force and effect after termination of this Agreement. All payment obligations accruing prior to the termination date shall survive until fully performed.

9. Representations and Warranties.
You represent and warrant that: Your Media is in compliance with all applicable laws and does not contain or promote, nor links to another website that contains, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content;

You agree not to send Unsolicited Commercial Email (i.e., SPAM). You cannot post any specific messages to newsgroups, chat rooms, bulletin boards or any other places unless expressly approved in writing from Company. You can post messages which are generic in nature and do not mention any specific client or offer, which are expressly approved in writing from Company;
You agree not to promote via website or link to websites containing any pornographic, racial, ethnic, political, software pirating (e.g. Warez) or hacking, hate-mongering, or otherwise objectionable content;
You agree not to engage in any illegal activity, in accordance with Federal Law whatsoever;
You own or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on Your Media; You agree to not use deceit when marketing Advertiser’s offers or presenting these offers to consumers; You have the right, power, and authority to enter into this Agreement and grant the rights specified herein;
You will not attempt in any way to alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site tags, source codes, links, pixels, modules or other data provided by or obtained from Company that allows Company to measure ad performance and provide its service ('Site Data');
If instructed to do so by Company and/or if this Agreement terminates, You will immediately remove and discontinue the use of any Site Data;
You acknowledge that Company does not represent, warrant, or make any specific or implied promises as to the successful outcome of any Programs;
You agree to display the creative exactly as it appears on the Program and will not alter any creative that has been submitted to the Site;
If You are notified that fraudulent activities may be occurring on your Media, and You do not take any actions to stop the fraudulent activities, then You are responsible for all associated costs and legal fees resulting in these fraudulent activities;
If any errors or undesirable results occur due to no fault of Company, Company shall not be responsible for losses and You may not be compensated.
You agree to abide by pricing guidelines for Company products as established on www.lazaruslabs.com.

10. Disclaimer.
LAZARUS LABS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LAZARUS LABS SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LAZARUS LABS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

11. Confidentiality.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

12. Customer Information; Non-Disclosure.
All information submitted by end-user customers pursuant to a Program is proprietary to and owned by Company or its affiliates. Such customer information is confidential and may not be disclosed by Company. In addition, You acknowledge that all non-public information, data and reports received from Company hereunder or as part of the services hereunder is proprietary to and owned by Company. All proprietary information is protected by copyright, trademark and other intellectual property law. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any proprietary information in any manner. These non-disclosure obligations shall survive the termination of this Agreement.

13. Limitation of Liability; Disclaimer of Warranty.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, OPERATION OF A PROGRAM, OR YOUR DISPLAY OF ANY PROGRAM CREATIVE ON YOUR MEDIA, INCLUDING BUT NOT LIMITED TO BROKEN IMAGES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE INFORMATION, CONTENT AND SERVICES ON THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITH NO WARRANTY. YOU USE THE SITE AND RUN PROGRAMS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, SERVICES, AND CONTENT INCLUDED ON THE SITE AND PROVIDED BY COMPANY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE OR PROVIDED BY COMPANY IS ACCURATE, COMPLETE OR CURRENT.

14. Indemnity.
You shall indemnify, defend and hold Company harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of Your: (a) improper use of the Site; (b) improper operation of a Program; or (c) breach or violation of this Agreement. Company shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of Company’s advertising creative provided in connection with operating a Program.

15. Assignment and Jurisdiction.
Company may assign this Agreement to a subsidiary or business successor. You may not assign this Agreement without the prior written consent of Company, which shall not be unreasonably withheld. This Agreement shall be construed and governed by the law of the state of Georgia. You expressly consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Fulton County, Georgia for any actions arising from or relating to this Agreement.

16. Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

17. Force Majeure.
Neither Party shall be liable to the other by reason of failure or delay in the performance of its obligations hereunder on account of Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes, natural disasters, interruption in internet service or any other cause which is beyond the reasonable control of such Party.

18. Attorneys' Fees.
Company shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding arising out of this Agreement.

19. Miscellaneous.
This Agreement contains the sole and entire agreement and understanding between the Parties relating to the subject matter herein, and merges all prior discussions, whether through officers, directors, salespersons, employees or consultants. Each Party is an independent contractor and not a partner, joint venturer or employee of the other. All notices shall be sent to the addresses submitted by You when signing up for the service by certified mail, fax, email or courier.

Company reserves the right to change any conditions of this contract at any time, with or without notice.

20. IMPORTANT NOTICE: The Can Spam Law
Affiliates must comply with The CAN SPAM Act which regulates the form (what information must be included and the required format) commercial email must take. Specifically, The CAN SPAM Act requires that all commercial email contain the following:
•           Clear and conspicuous identification that the message is an advertisement or solicitation, if the email is unsolicited
•           Clear and conspicuous notice of the opportunity to opt-out
•           A truthful subject line.
•           A functioning mechanism to opt-out.
•           A valid postal address for the sender.
•           Labeling of unsolicited sexually explicit material.

Copyright:
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under 'Limited Right to Use' below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by Lazarus Labs of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Copyright and Service Mark Information:
All trademarks are the property of their respective owners.