Terms of Agreement

Our Publishers are essential to our overall ability to provide relevance for our clients.

Top Notch Publishers

All web sites, newsletters, companies, or individuals need official approval from MAINE LASER CLINIC, LLC (Maine Laser Clinic) before they can become an (Affiliate, Publisher Partner). Only web sites, opt-in email marketers, search engine marketers and newsletters that have been reviewed and approved are permitted to use the programs. MAINE LASER CLINIC reserves the right to withhold or refuse approval on any web site, newsletter, opt-in email marketing company, search engine marketer, or individual for any reason, whatsoever. In order to be eligible for MAINE LASER CLINIC (Affiliate, Publisher, Partner) approval, all potential publishers must meet the following criteria:

1. Cannot offer incentives to users to click on ads unless otherwise noted under the campaign description; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc. Commissions will not be paid on any incentivized conversions.

2. Be fully functional at all levels; no “under construction” sites or sections Spawning process pop-ups and exit pop-ups are prohibited for click approved affiliates.

3. The content of the web site and/or newsletter cannot contain any adult content nor link from, or to, any adult materials including but not limited to: Explicit, vulgar or obscene language. Posting or referencing of sexually explicit images or other offensive content Promotion of adult services, such as phone sex or escort services The content of the web site and/or newsletter cannot infringe on any personal, intellectual property or copyrights including but not limited to: Racial, ethnic, political, hate-mongering or otherwise objectionable content Investment, money-making opportunities or advice not permitted under law Gratuitous violence or profanity Material that defames, abuses, or threatens physical harm to others or to you Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc. Software Pirating (e.g., Warez, Hotline) Hacking or Phreaking. Any illegal activity whatsoever Any questionable or controversial subject matter Any spoofing, redirecting, or trafficking from adult-related web sites in an effort to gain traffic.

4. You cannot place our advertisements into your framed environment, unless approved by Here in writing.

5. Your web site and/or newsletter cannot be ‘point, lottery, or rewards’ based encouraging users to click on our Advertisers’ banners or use our Advertisers to generate revenue for users to win points, get rewards, or other incentives unless expressly approved in writing from MAINE LASER CLINIC.

6. In order to be approved as a “Click Program” (Affiliate, Publisher, Partner), all web sites and newsletters must meet the following criteria:

1. Be approved as a MAINE LASER CLINIC (Affiliate, Publisher, Partner)

2. 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. Cannot offer incentives to users to click on ads; incentives include but are not limited to awarding them cash, points, prizes, contest entries, etc.

4. Spawning process pop-ups and exit pop-ups are prohibited

5. Any marketing on message boards, social networks (example: Myspace.com), or classifieds that is deemed to be “spamming” will not be paid upon. MAINE LASER CLINIC has the discretion to deem this activity as fraudulent, if, in our sole discretion, MAINE LASER CLINIC feels that this activity could harm the reputation of MAINE LASER CLINIC or MAINE LASER CLINIC advertisers. Any party responsible for this type of aggressive “spamming” activity will not receive the funds generated from said activity.

6. Any affiliate that promotes by any practices that MAINE LASER CLINIC does not deem appropriate will have they commissions withheld permanently.

MAINE LASER CLINIC 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 MAINE LASER CLINIC, such as pre-population of forms or mechanisms not approved by MAINE LASER CLINIC), you will forfeit your entire commission for all programs and your account will be terminated. MAINE LASER CLINIC reserves sole judgment in determining fraud, and you agree to this clause.

Fraudulent or unusual lead/sales generation:

Affiliate agrees that MAINE LASER CLINIC may hold, at MAINE LASER CLINIC’S sole discretion, partial or full affiliate payment in the event that MAINE LASER CLINIC or a publishing partner/client of MAINE LASER CLINIC has reason to suspect fraudulent or low-quality traffic/leads/sales. “Fraudulent” is defined as traffic, sales or leads developed in a manner not consistent with overall quality expectations, or containing false or fabricated consumer information, or leads, sales or traffic generated by incentive in cases where incentivized traffic is prohibited.

Affiliate further agrees that, if discovered developing fraudulent leads, sales, or traffic, affiliate agrees to refund all monies paid by MAINE LASER CLINIC to said affiliate for the 6 months prior to the discovery of fraudulent activity on the part of the affiliate.

7. It is the OBLIGATION of the MAINE LASER CLINIC (Affiliate, Publisher, Partner) to prove to MAINE LASER CLINIC that they are NOT committing fraud. MAINE LASER CLINIC will hold your payment in ‘Pending Status’ until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that:

1. Have click-through rates that are much higher than industry averages and where solid justification is not evident.

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

3. Have shown fraudulent leads as determined by our clients.

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

8. Filling out this form constitutes an agreement between MAINE LASER CLINIC and the (Affiliate, Publisher, Partner). The commission payment that is generated to the MAINE LASER CLINIC (Affiliate, Publisher, Partner) varies per registered subscriber to the programs offered and/or per clicks. This commission payment is made approximately 30 days after the end of the month and after receiving payment from the Advertiser. Delinquent Advertiser payments received by MAINE LASER CLINIC will be credited to the (Affiliate, Publisher, Partner) in the month that they are received. MAINE LASER CLINIC does not guarantee payment to the (Affiliate, Publisher, Partner) if the Advertiser does not pay. If Affiliate/Publisher/Partner requires a pixel to be placed on any MAINE LASER CLINIC promotion the tracking/stats/revenues of each campaign will be based on MAINE LASER CLINIC tracking/stats/revenues regardless of the tracking/stats/revenues of the third party tracking pixel used by the Affiliate/Publisher/Partner. The revenues shown on the MAINE LASER CLINIC system is what will be paid to the Affiliate/Publisher/Partner.

9. Commission payment totals must exceed <$100.00>; otherwise this payment will not be made until the <$100.00> minimum is reached. International (Affiliates, Publishers, Partners) (outside of the United States) agree to a minimum <$100.00 to be reached.>

10. MAINE LASER CLINIC (Affiliate, Publisher, Partner) agrees not to carry objectionable materials on their web site, which would revoke their affiliation as determined by MAINE LASER CLINIC. (Affiliate, Publisher, Partner) will only run approved banners and text in their advertising of our programs and will NOT create their own banners or advertising text, unless expressly approved in writing from MAINE LASER CLINIC. Violation of this forfeits your commissions. MAINE LASER CLINIC (Affiliate, Publisher, Partner) WILL NOT spam or send unsolicited email mentioning or promoting the MAINE LASER CLINIC (Affiliate, Publisher, Partner) programs. Any violation of this will result in the MAINE LASER CLINIC (Affiliate, Publisher, Partner) being liable for damages of <$500.00> per email sent and other damages as deemed by a court of law.

11. Editing of an Advertiser’s program images or copy is strictly prohibited. The MAINE LASER CLINIC (Affiliate, Publisher, Partner) will only use approved banners and text to link to an Advertiser’s sign-up pages. MAINE LASER CLINIC (Affiliates, Publishers, Partners) will not mislead people to make it seem that they are signing up for an offer that is offered by the MAINE LASER CLINIC (Affiliate, Publisher, Partner) site. MAINE LASER CLINIC (Affiliate, Publisher, Partner) can ONLY use banners and approved text, any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for the (Affiliate, Publisher, Partner).

12. MAINE LASER CLINIC reserves the right to terminate any (Affiliate’s, Publisher’s, Partner’s) contract for any reason whatsoever. Termination notice will be provided via e-mail and will be effective immediately. All legitimate moneys due to (Affiliate, Publisher, Partner) will be paid during the next billing cycle. If (Affiliate, Publisher, Partner) defrauds the system, then payment is revoked as determined solely by MAINE LASER CLINIC.

13. You guarantee that all content, products, and services on your web site are legal to distribute and that you own or have the legal right to use any and all copyrighted material.

14. All (Affiliates, Publishers, Partners) that plan On promoting MAINE LASER CLINIC (ADVERTISERS) Via Email Or Newsletter Marketing agree that every e-mail sent to promote MAINE LASER CLINIC (ADVERTISERS) will utilize:

1. Clear and conspicuous notice of the opportunity for the recipient to decline to receive further commercial e-mail messages from the sender.

2. A functioning return e-mail address or other Internet-based mechanism that is clearly and conspicuously displayed that recipients can use to request not to receive future advertisements or promotions. This return address or other mechanism must be capable of receiving such messages for at least 20 days after the transmission of the original message. The sender of the message may not send subsequent advertisements or promotions more than 10 business days after the request from any recipient to be removed from future commercial e-mail communications. If the recipient has requested not to receive further advertisements or promotions, the sender may not request, sell, lease, exchange, or otherwise transfer or release the e-mail address of the recipient.

3. Clear and conspicuous identification that the e-mail is an advertisement or solicitation, unless the recipient has provided affirmative consent to receive the message. The sender of the e-mail is responsible for determining how to indicate that the message is a solicitation (i.e., there is no requirement to include any specific language, such as ‘this is an advertisement’ or any labeling such as ‘ADV’ in the subject line). However, if the recipient has provided affirmative consent to receive the message, then this identification is not required.

4. A valid physical postal address of the sender. A post-office box (PO Box) or mail-drop does not suffice. The physical address must be somewhere that a consumer can physically find you and/or your employees.

15. In addition, all (Affiliates, Publishers, Partners) agree that they are not going to use any of the following techniques while promoting MAINE LASER CLINIC (ADVERTISERS):

1. False or misleading header or transmission information in a commercial e-mail message.

2. Deceptive subject headings.

Relay or retransmit commercial e-mail using another computer for the purpose of disguising the commercial e-mail’s origin.

3. Sending commercial e-mail that includes an originating e-mail address, domain name, or Internet protocol address that was obtained by means of false pretenses or representations.

4. Use HARVESTING* or DICTIONARY ATTACKS* to promote MAINE LASER CLINIC (ADVERTISERS).

5. All (Affiliates, Publishers, Partners) confirm to only send MAINE LASER CLINIC (ADVERTISERS) related promotions to confirmed opt-in subscribers only. MAINE LASER CLINIC reserves the right to terminate the accounts and not payout any moneys owed to (Affiliates, Publishers, Partners) that do not follow these above guidelines.

16. If any MAINE LASER CLINIC (Affiliate, Publisher, Partner) violates or refuses to take part in their responsibilities, or commits fraudulent activity against us, MAINE LASER CLINIC reserves the right to withhold payment and take appropriate legal action to cover its damages.

17. MAINE LASER CLINIC reserves the right to change any conditions of this contract at any time. Change notices are sent to (Affiliates, Publishers, Partners) by email, and (Affiliates, Publishers, Partners) are responsible for complying with any changes to the contract within 10 calendar days from the date of change. Failure of the (Affiliate, Publisher, Partner) to terminate the agreement within those 10 calendar days will constitute acceptance of the changes to this contract.

18. MAINE LASER CLINIC gives no warranty, express or implied, for any and all services and products provided, including, but not limited to, warranty of merchantability and warranty of fitness for a particular purpose. This statement expressly includes any reimbursement for losses of income due to disruption of service by or its upstream providers.

19. You agree to settle any dispute under this agreement under the laws of the state of Maine. Any litigation arising under this Agreement will be brought in the federal or state courts of Cumberland County Maine.

20. Any legal action taken by an advertiser, agency, client, person, or entity against MAINE LASER CLINIC for actions of you (the affiliate) that violate these terms and conditions, you accept that MAINE LASER CLINIC will work with the advertiser, agency, client, person, or entity to divulge your personal information. You also agree that MAINE LASER CLINIC is not liable for your actions, and you will bear all costs (legal or otherwise) that incurs if MAINE LASER CLINIC is sued by advertiser, client, agency, person, or entity.

21. All advertisements, text, and graphics (“intellectual property”) provided MAINE LASER CLINIC for affiliate usage are the sole property of MAINE LASER CLINIC and may not be used to promote offers from any other advertiser or advertising network except as specifically authorized by MAINE LASER CLINIC. Affiliates agree that any and all revenue earned from unauthorized usage of intellectual property owned by MAINE LASER CLINIC is owed to MAINE LASER CLINIC and must be paid within 10 days of the unauthorized usage of MAINE LASER CLINIC intellectual property.

22. MAINE LASER CLINIC advertising policy prohibits spamming or abuse of MySpace, Craigslist, or other social networking sites. Traffic generated in any manner that is noncompliant with the TOS of these or other sites is specifically prohibited and traffic generated through abusive practices will not be paid. Such traffic includes, but is not limited to, spamming, s unsolicited mass mailing or instant messaging, making any automated use of the systems, or any other activity that violates the MySpace Terms of Use Agreement or Craigslist Terms of Use.

The above behavior is prohibited and you will not receive payment from MAINE LASER CLINIC for any prohibited activity.

You must be 18 years or older to sign up as a(n) (Affiliate, Publisher, Partner).