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Cirque Du Soleil
“Someone”
Delirium
(Cirque Du Soleil)
[listen] [buy] [download]

Patricia Barber
“Whiteworld/Oedipus”
Mythologies
(Blue Note)
[listen] [buy]

Cirque Du Soleil
“Someone”
Delirium
(Cirque Du Soleil)
[listen] [buy] [download]

Jim Pearce
“Why I Haven't Got You”
Prairie Dog Ballet
(Oak Avenue Publishing)
[listen] [buy]

Andy Timmons Band
“Gone (9/11/01)”
Resolution
(Favored Nations)
[listen] [buy]

Ralph Towner
“If”
Time Line
(ECM Records)
[listen] [buy]

Anoushka Shankar
"Beloved"
Rise
(Angel)
[listen]

Amos Lee
"Arms Of A Woman"
Amos Lee
(Blue Note)
[listen]

Julius Curcio
"American Pie"
Alligator Shoes
(Electric Roots)
[listen] [buy]

Lemon
"Come Alive"
Changing Into Me
[listen] [buy]

Affiliate Application
 
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New Cookie Time: 90 days!
Any referal is kept in our database and commissioned even if the lead orders within 90 days of first visit.

OnewayMagazine.Com Affiliate Agreement

Effective Date: July 10 2000
(version 1.00)

Read this carefully before submitting the application (the "Application") for participation in the OnewayMagazine.Com Affiliate Program (the "Program"). This is a binding agreement (the "Agreement") between the individual submitting the Application or the entity on whose behalf the Application is being submitted ("you" and "your") and WavePoint Enterprizes, Inc. ("OnewayMagazine.Com"). By submitting the Application, you hereby ACCEPT AND AGREE to all of the terms and conditions set forth in this Agreement.

1. Application Process. By submitting the Application you are expressing your desire to participate in the Program through which you may promote the OnewayMagazine.Com products and services and are compensated for the refered individuals that purchase such products and services as a direct result of your promotion. In case your promotion involves a web site other than OnewayMagazine.Com (as defined in Section 2), as part of the Application you must submit the principal address of that web site (the "Website"). In case you choose to promote OnewayMagazine.Com through means other than internet you agree that you will not try to persuade any business or idividual to purchase our products or services by providing false information and that your actions will be generally restricted in the confines of typical information providing, lawful actions and respectful of all ONEWAY convictions. In the latter case OnewayMagazine.Com may host one refering page for your use (similarly refered to as the "Website").

You represent and warrant that: (i) the information submitted in the Application is truthful and accurate; (ii) the person submitting the Application is at least 18 years old; (iii) in the event you are an entity, the person submitting the Application has the full right, power and authority to enter into this Agreement on behalf of such entity; and (iv) the execution of this Agreement by such person, and the performance by you of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound. You acknowledges that OnewayMagazine.Com makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement. OnewayMagazine.Com will allow you participate in the program immediately upon conclusion of your on-line enrollement, but will evaluate the Application and reserves the right to disqualify your enrollment and notify you of OnewayMagazine.Com's rejection of the Application in a timely manner. OnewayMagazine.Com may reject the Application if the Website is deemed, in OnewayMagazine.Com's sole discretion, to be unsuitable for the Program. Unsuitable web sites include, but are not limited to, those that:

1.1 Contain sexually explicit or obscene materials, or materials that are otherwise deemed offensive;

1.2 Advocate discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

1.3 Promote or engage in illegal activities;

1.4 Violate intellectual property rights of third parties;

1.5 Contain or promote deceptive information;

1.6 Promote gambling;

1.7 Violate OnewayMagazine.Com's "Privacy Policy" of the refered customers available at http://www.OnewayMagazine.Com.com/privacy.php3, as may be modified from time to time by OnewayMagazine.Com in its sole discretion.

2. Linking With, and Use of, OnewayMagazine.Com Resources and Copyrighted material for Promotions.You may use (to the extent provided in Article 4 below) the electronic graphic artwork and corresponding links to OnewayMagazine.Com products including the special promotion identifier and all HTML thereto (the "OnewayMagazine.Com Promos") available at http://www.OnewayMagazine.Com/aff (the "Reporting Page") as necessary to participate in the Program. OnewayMagazine.Com will provide the HTML for such links at the Reporting Page, including a special promotion identifier that will make possible tracking and reporting of all Qualified New Members (as defined in Section 5) acquired through your Website. It is your responsibility to integrate the OnewayMagazine.Com Promos into your Website properly in accordance with the instructions available at the Reporting Page, and OnewayMagazine.Com shall not be liable to you with respect to your failure to integrate properly the OnewayMagazine.Com Promos into your Website, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement. You agree not to modify any OnewayMagazine.Com Promos in any way without the expressed written permission of OnewayMagazine.Com. You may only display the OnewayMagazine.Com Promos on your Website, and if you have multiple web sites other than the Website, you must register each such web site to your account in order to display the OnewayMagazine.Com Promos. OnewayMagazine.Com affiliate system is designed so that many web sites can be linked to you through a sole account. You may not create multiple accounts. Without limiting the foregoing, you shall not promote or otherwise announce the availability of the OnewayMagazine.Com Promos on your Website anywhere other than within your Website, including but not limited to using the OnewayMagazine.Com Promos in e-mail and promoting or otherwise announcing the availability of the OnewayMagazine.Com Promos on your Website through e-mail.

3. Your Website. You are solely responsible for, and OnewayMagazine.Com hereby disclaims all liability for, the development, operation and maintenance of, and all costs associated with, your Website, any content thereon and any equipment therefor. You hereby agree that your Website shall not, in any way, copy or resemble the look and feel of, or create the impression that it is, part of the OnewayMagazine.Com Service or any of OnewayMagazine.Com's or its affiliates' or subsidiaries' web sites. You agree that your Website shall, at all times during the Term of the Agreement, comply with the policies identified in Section 1.7, and shall not engage in any of the activities listed in Sections 1.1 through 1.6.

4. Limited License to Use OnewayMagazine.Com Promos. OnewayMagazine.Com hereby grants to you a nonexclusive, revocable license to display on your Website the OnewayMagazine.Com Promos solely as necessary for, and for the purpose of, promoting the products and/or services associated with the OnewayMagazine.Com Promos as set forth at the Reporting Page and identifying you as a participant in the Program. To the extent, if any, that OnewayMagazine.Com Promos contain OnewayMagazine.Com's trademarks, service marks or trade names, you shall not use such marks in a manner that might be deemed to create a unitary composite mark. You agree not to use the OnewayMagazine.Com Promos in a manner that is, or otherwise include materials on your Website that are, disparaging of OnewayMagazine.Com. OnewayMagazine.Com reserves all proprietary rights in and to the OnewayMagazine.Com Promos not expressly granted herein. You agree this license can be revoked at any time for any or no reason upon notice by OnewayMagazine.Com to you (regardless of termination of this Agreement) and you agree upon receipt of such notice immediately to cease and decist using all OnewayMagazine.Com Promos.

5. Payments

5.1 Referral Fees and Commissions. On a monthly basis, within thirty (30) days after the end of each calendar month, OnewayMagazine.Com shall pay you a "Commission" for each Qualified Client who purchased any type of product or service owned by the OnewayMagazine.Com site set forth below directly from a link within the OnewayMagazine.Com Promos on your Website using the special promotion identifier and thereafter completed the transaction by providing a valid credit card and paying in such month. OnewayMagazine.Com in order to avoid using the Commission as a discount for the affiliate (i) will not count towards Commission orders that you placed and that contain your address in their billing or shipping records and (ii) will not issue payment for accounts with balances less than $250. The balances are transferred in the next period and you will receive the whole amount once the balance is more than or equal to $250. "Qualified Client" means any person or entity who purchases OnewayMagazine.Com Products or Services as a direct result of your promotion of the OnewayMagazine.Com Service by linking from one of the OnewayMagazine.Com Promos on your Website using your special promotional identifier and who paid the then-standard or discounted fees required for purchasing, shipping and taxes to the OnewayMagazine.Com.

OnewayMagazine.Com will offer improved commissions to its best affiliates each month. All commissions are defined as the percentage of the total paid price of the purchased items. The minimum percentage you may receive once accepted into the affiliate program is the highest available in our market to our knowledge and is 5% (five percent). OnewayMagazine.Com may choose to offer you a higher Fee or Commission for a particular period of time or for particular types of OnewayMagazine.Com Products or Services. OnewayMagazine.Com will either provide you notice of such higher Commission to the e-mail address in your Application or will post notice of such higher Fee or Commission on the Reporting Page. You acknowledge that OnewayMagazine.Com may offer a Fee or Commission to other participants in the Program that is higher than the Fee or Commission you receive. Nothing in the foregoing shall limit OnewayMagazine.Com's ability to lower the minimum Commission contained herein in accordance with Article 7.

5.4 Liability for payment. OnewayMagazine.Com's sole obligation in regards to remitting payment to you for the payments described in Sections 5.1 through 5.3 shall be to make such payment to the address or account information submitted to OnewayMagazine.Com in the Application or in the event your address changes, to the address thereafter submitted at the Reporting Page. In some cases OnewayMagazine.Com may use the email you provided in your application to request a bank account to which the payment transfer may be made. You are solely responsible for assuring your address and email address of record is current, correct and secure. OnewayMagazine.Com will be liable to settle the amount as long the affiliate account is open and uncompromised. An affiliate account is open and uncompromised if it exists in OnewayMagazine.Com electronic records and has not been closed. In the event a payment sent to such address is returned to OnewayMagazine.Com for any reason other than an error in such address on the part of OnewayMagazine.Com, you hereby waive any rights to receive such payment. OnewayMagazine.Com shall not be liable for any payment to you if OnewayMagazine.Com deems that you have engaged in any fraudulent or criminal activity in connection with the Program.

6. Reporting. Through the Reporting Page OnewayMagazine.Com shall provide you with real time reports setting forth the number of completed orders your Website generated of the OnewayMagazine.Com Promos, impressions and clickthroughs to an OnewayMagazine.Com web site that were generated from OnewayMagazine.Com Promos on your Website, and Qualified Orders obtained by OnewayMagazine.Com through your Website. These data are reported for statistical and validation purposes and to aid you in improving your performance as an affiliate. The actual amount owed may be different due to computer errors and is defined as the total money received by OnewayMagazine.Com purchases made by your Qualified Orders multipied your commission percentage at the time the order was placed in the OnewayMagazine.Com site. In the event that some items have special promotional rates at the time the order is received these may not appear correctly in the reporting pages. OnewayMagazine.Com keeps the right to offer special prices and promotions to its site visitors, and will make the necessary adjustments to the actuals commissions owed. The actual commission owed will always be the amount received by OnewayMagazine.Com times the commission percentage assigned to you at the time of the order. The values recorded by the OnewayMagazine.Com software is the evidence for the amount owed and you may request OnewayMagazine.Com to e-mail you your reports for your personal records. It is your responsibility to report any diviance from the values reported in a timely manner. The form, content, timing and availability of the foregoing reports may vary from time to time in OnewayMagazine.Com's sole discretion.

OnewayMagazine.Com allows you to target specific products or categories of products in order to maximize your earnings according to your client needs. In its sole discretion it may disallow you from using such links.

7. Modification of This Agreement. OnewayMagazine.Com may modify any terms and conditions in this Agreement, including any amounts payable as Fees, Commissions and bonuses under Article 5, at any time in its sole discretion by posting a notice or a new Agreement on the Reporting Page, but such new Agreement shall be effective no sooner than five (5) days after such notice or new Agreement is posted on the Reporting Page. YOUR SOLE REMEDY AND RECOURSE IN THE EVENT ANY SUCH MODIFICATION IS UNACCEPTABLE TO YOU IS TO TERMINATE THIS AGREEMENT, PROVIDED THAT OnewayMagazine.Com SHALL PAY TO YOU ALL AMOUNTS DUE TO YOU PRIOR TO YOUR TERMINATION IN ACCORDANCE WITH SECTION 11.1. Notwithstanding the five (5) day notice period for termination provided in Article 9, such termination by you in the event of a modification shall be effective immediately upon receipt by OnewayMagazine.Com of notice thereof. Your continued participation in the Program after such five (5) day period has passed shall constitute acceptance of the modifications.

8. Press Releases; Publicity. You may not announce your use of the OnewayMagazine.Com Promos on your Website unless you explicitly and clearly provide links and other information in the same page that allows everyone to signup to our affiliate program or unless you first receive OnewayMagazine.Com's prior written approval of such announcement. OnewayMagazine.Com may announce your use of the OnewayMagazine.Com Promos on your Website in its sole discretion.

9. Term and Termination. This Agreement shall be effective on the date OnewayMagazine.Com accepts the Application and shall continue until either party terminates this Agreement as set forth herein (the "Term"). Either party may terminate this Agreement at any time for any or no reason upon five (5) days notice, (i) in the case of termination by OnewayMagazine.Com, to you at either, at OnewayMagazine.Com's option, the e-mail address contained in the Application or by posting such notice on the Reporting Page, and (ii) in the case of termination by you, to OnewayMagazine.Com at the following email address: affiliates@OnewayMagazine.Com. Notwithstanding the foregoing, OnewayMagazine.Com may terminate this Agreement immediately in the event you breach this Agreement.

10. Limitation of Liability; Disclaimer; Indemnification.

10.1 Liability. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT YOU SHALL REMAIN LIABLE TO OnewayMagazine.Com TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO SECTION 10.3. IN NO EVENT SHALL THE LIABILITY OF OnewayMagazine.Com IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES NOT EXCLUDED IN THE IMMEDIATELY PRECEDING SENTENCE EXCEED THE AMOUNT PAID OR PAYABLE BY OnewayMagazine.Com TO YOU UNDER THIS AGREEMENT.

10.2 No Additional Warranties. YOUR WEBSITE (EXCEPT AS PROVIDED IN SECTION 1), ALL OF OnewayMagazine.Com'S AND ITS AFFILIATE'S WEB SITES, THE OnewayMagazine.Com PROMOS, THE OnewayMagazine.Com SOFTWARE AND OnewayMagazine.Com SERVICE (COLLECTIVELY, "SUBJECT MATTER") ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

10.3 Indemnification. You agree to defend, indemnify and hold harmless OnewayMagazine.Com, its subsidiaries and affiliates, and their respective officers, directors, agents, distributors, franchisees and employees against any loss, damage, expense, or cost, including reasonable attorneys fees (including allocated costs for in-house legal services) arising out of any claim, demand, action, suit, investigation, arbitration or other proceeding by a third party ("Liabilities") based on (i) your material breach of any covenant, duty, representation, or warranty of this Agreement, (ii) materials contained on your Website (including any allegation that such materials infringe a third party's proprietary rights), (iii) or otherwise related to the Data, and (iv) or otherwise related to your Website and the content thereon.

11. Miscellaneous.

11.1 Survival. Article 10 and Section 11.2, 11.4 shall survive the expiration or termination of this Agreement. Additionally, to the extent this Agreement is not terminated as a result of fraud relating to the Program by you or otherwise as a result of your breach of this Agreement, OnewayMagazine.Com's obligation to pay Fees and Commissions and other bonuses under Article 5 shall survive for so long as is necessary to account for Fees and other bonuses generated from Qualified Orders properly registered prior to the date of termination.

11.2 Applicable Law; Jurisdiction. This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of Cyprus except for its conflicts of law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of Cyprus, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.

11.3 Solicitation of OnewayMagazine.Com Clients. You will not send unsolicited, commercial e-mail (i.e., "spam") through or into OnewayMagazine.Com's products or services, absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the OnewayMagazine.Com Client to whom commercial e-mail is being sent has voluntarily either (i) engaged in a transaction with you other than registering to receive OnewayMagazine.Com Products or Services through a OnewayMagazine.Com Promo provided on your Website or (ii) provided information to you through a contest, registration, or other communication, which included clear notice to the OnewayMagazine.Com Client that the information provided could result in commercial e-mail being sent to that OnewayMagazine.Com Client by you or its agents. Any commercial e-mail or other online communications to OnewayMagazine.Com Clients that are otherwise permitted hereunder, shall (a) include a prominent and easy means to "opt-out" of receiving any future commercial communications from you, and (b) shall also be subject to OnewayMagazine.Com's then-standard restrictions on distribution of bulk e-mail (e.g., related to the time and manner in which such e-mail can be distributed through or into the OnewayMagazine.Com product or service in question).

11.4 Excuse. Neither party will be liable for, or be considered in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such party's reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.

11.5 No Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

11.6 Assignment. You shall not assign this Agreement or any right, interest or benefit under this Agreement without the prior written consent of OnewayMagazine.Com.

11.7 Injunctive Relief; Remedies. You acknowledge a violation of this Agreement could cause irreparable harm to OnewayMagazine.Com for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that OnewayMagazine.Com will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any violation of this Agreement. Except where otherwise specified, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity.

11.8 Acknowledgment. You acknowledge that you have read this Agreement and agreed to all the terms and conditions. You understand that OnewayMagazine.Com may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement, and OnewayMagazine.Com and its affiliates and subsidiaries may operate web sites that compete with your Website.

12. Other Definitions.

12.1 "OnewayMagazine.Com Client" means any user of the OnewayMagazine.Com that is placing an order with OnewayMagazine.Com (a "OnewayMagazine.Com Order").

12.2 "OnewayMagazine.Com " means the OnewayMagazine.Com Products, Services and any other product or service owned, operated, distributed or authorized to be distributed by or through OnewayMagazine.Com or its affiliates or subsidiaries worldwide (including, without limitation, the e-mail contained therein).

12.3 "OnewayMagazine.Com Products and Service" means any product that exists in the OnewayMagazine.Com site and is directly sold by OnewayMagazine.Com. For example today there 4,453 OnewayMagazine.Com different products.

12.4 "OnewayMagazine.Com Software" means the proprietary software used for the OnewayMagazine.Com site.

You must not apply for an affiliate account if do not understand or disagree with any part or statement contained in this Agreement.




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