PartyKarma Affiliate Program Terms and Conditions

These PartyKarma Affiliate Program Terms and Conditions("Terms") are entered into by you and PartyKarma, Inc. ("PartyKarma") regarding the PartyKarma Affiliate Program ("Affiliate Program") and serve as agreement ("Agreement") which sets out the legally binding terms for your use of PartyKarma Affiliate Program only.

For information on general Terms and Conditions of PartyKarma website, please click here.

These Terms were last modified on September 26, 2006.

Eligibility. "You" or "you" refers the party listed on the account you create with PartyKarma Affiliate Program and you represent you have the authority to agree to this Agreement for that party. You represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you enter this Affiliate Program.

You must be eighteen years old or over to register with PartyKarma Affiliate Program and to use any services provided.

Policies. Use of PartyKarma Affiliate Program is subject to all applicable policies of Affiliate Program, including but not limited to Affiliate Agreement, Payment Rules, Privacy Policy. These policies as well as these Terms may be modified at any time, such modifications effective upon posting on PartyKarma Affiliate Program website.

Legal and Acceptable conduct. Your use of PartyKarma Affiliate Program is subject to all applicable local, state, national and international laws and regulations.

Use of PartyKarma Affiliate Program for any illegal purposes is strictly prohibited.

PartyKarma reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision.

Privacy. Use of PartyKarma Affiliate Program is governed by the Privacy Policy, which may be viewed by clicking here.

Security. You are responsible for maintaining the confidentiality of your password and account as well as any and all activities that occur under your account. You must promptly inform PartyKarma of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of your account or password. Until we are notified by email of a breach in security, you will remain liable for any unauthorized use of the PartyKarma Affiliate Program through your account.

Disclaimers of no warranties. You expressly agree that your use of PartyKarma Affiliate Program is at your sole risk. All WARRANTIES OF ANY KIND whether express or implied are EXPRESSLY DISCLAIMED. PartyKarma does not warrant that your use of PartyKarma Affiliate Program will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. PartyKarma DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE PARTYKARMA AFILLIATE PROGRAM WEBSITE. To the fullest extent permitted by law, PartyKarma DISCLAIMS ALL GUARANTIES regarding the levels or timing of clicks, click through rates, availability and delivery of any impressions, conversions or other results for any ads or the accuracy of market data (e.g. reach, size of audience, demographics or other purported characteristics of audience), and placement of advertisements within PartyKarma site.

Limitation of Liability. PARTYKARMA SHELL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE PARTYKARMA AFILLIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY PARTY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT PAYABLE OR PAID TO YOU BY THE PARTYKARMA AFILLIATE PROGRAM DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR $100.

Indemnity. You agree to indemnify and hold PartyKarma, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any losses, liability, claims, or demands, including reasonable attorney's fees, due to or arising out of your use of the PartyKarma Affiliate Program in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or violation of any federal, state or local law or regulation.

Proprietary Rights. PartyKarma owns and retains proprietary rights in the PartyKarma Affiliate Program. The Service contains copyrighted material, trademarks, and other proprietary information of PartyKarma, its licensors and licensees. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.