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Terms and Conditions

IMPORTANT - READ CAREFULLY.  EyeFive Inc. actively monitors traffic for fraud. If we detect fraud, your account will be made inactive pending further investigation. 

1. EyeFive Inc. ("EYEFIVE") provides you access to the “EyeFive Ads Network”, which is defined as all web pages and applications that EYEFIVE owns, operates or hosts, newsletters, and various third party “Affiliates” who may be authorized by EYEFIVE to make advertisements available on or within websites, newsletters, and/or applications that they control and to earn commissions, subject to their compliance with the terms and conditions below. By enrolling as an "Affiliate," you agree to be bound by these terms and conditions (as the same may be amended from time to time, the "Agreement"). In this Agreement, "you" and "your" refers to the Affiliate. You further agree that you are bound by this Agreement whether you are acting on your own behalf or on behalf of a third party, including another Affiliate. 

2. All websites, newsletters, companies, or individuals must obtain official approval from EYEFIVE (http://www.eyefive.com) before they can become an Affiliate. Only websites and newsletters that have been reviewed and approved are permitted to use the EyeFive Ads Network. EYEFIVE reserves the right to withhold or refuse approval of any website, newsletter, company, or individual for any reason, in its sole discretion. In order to be eligible for Affiliate approval, all your websites and/or newsletters must meet the following criteria: 

i. Be written in English 
ii. Receive a minimum of 100 unique page views per month 
iii. Cannot offer incentives to users to click on advertisements, including, but not limited to, awarding them cash, points, prizes, contest entries, etc. 
iv. Be fully functional at all levels; no "under construction" sites or sections 
v. Spawning process pop-ups and exit pop-ups are prohibited 

3. The content of the website and/or newsletter cannot contain any adult content or link from or to any adult materials, including, but not limited to: 

i. Explicit, vulgar or obscene language 
ii. Posting or referencing of sexually explicit images or other offensive content 
iii. Promotion of adult services, such as phone sex or escort services 

4. The content of the website and/or newsletter cannot infringe on any personal, intellectual property or copyrights, including, but not limited to: 

i. Racial, ethnic, political, hate-mongering or otherwise objectionable content 
ii. Investment, money-making opportunities or advice not permitted under law 
iii. Gratuitous violence or profanity 
iv. Material that defames, abuses, or threatens physical harm to others or to you 
v. Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc. 
vi. Software Pirating (e.g., Warez, Hotline) 
vii. Hacking or Phreaking 
viii. Any illegal activity whatsoever 
ix. Any questionable or controversial subject matter 
x. Any spoofing, redirecting, or trafficking from adult-related websites in an effort to gain traffic 

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

6. You cannot 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 by EYEFIVE . You can post messages which are generic in nature and do not mention any specific advertiser or advertisement, which are expressly approved in writing by EYEFIVE . You agree to comply with all laws applicable to you, including, but not limited to, The CAN-SPAM Act of 2003. 

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

8. It is your obligation to prove to EYEFIVE that you are NOT committing fraud. EYEFIVE will hold any payment owed to you in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. We flag accounts that: 

i. Have click-through rates that are much higher than industry averages and where solid justification is not evident 
ii. Have shown fraudulent leads as determined by our clients 
iii. Use fake redirects, automated software, and/or fraud to generate leads from our advertisements 
iv. Subject/From lines and creatives cannot be altered without written permission from EyeFive Ads. Our advertisers will not pay for any non-approved subject/from lines and creatives. 
v. For Search Marketing, trademarks/brand names cannot be used in the title or description per our advertisers. 

9. Commission payment totals must exceed $100.00, otherwise payment will not be made until the next payment cycle after the $100.00 minimum is reached. 

10. You will only run approved banners and text in your advertising of our advertisements and will NOT create your own banners or advertising text, unless expressly approved in writing by EYEFIVE . Violation of this forfeits your commissions. You WILL NOT SPAM or send unsolicited email mentioning or promoting the advertisements. Any violation of this will result in your being liable for damages of $1.00 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. You will only use approved banners and text to link to an advertiser's sign-up pages. You will not mislead people to make it seem that they are signing up for an offer that is offered by your site. You can ONLY use banners and approved text, and any other use of link and sign-up processes will result in the loss of all sign ups/leads accrued for you. 

12. EYEFIVE reserves the right to terminate this Agreement for any reason whatsoever, in its sole discretion. Notice of termination will be provided via e-mail and will be effective immediately. All legitimate moneys due to Affiliate will be paid during the next payment cycle. If Affiliate defrauds the system, then payment may be revoked as determined solely by EYEFIVE . 

13. You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material. You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation on any EyeFive Ads Network. You represent and warrant that your actions are in compliance with all applicable state and federal laws and regulations.

14. You irrevocably covenant, promise and agree to indemnify EYEFIVE and to hold EYEFIVE harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as all other claims resulting from your web pages. 

15. If you violate any of the provisions contained herein or commit fraudulent activity against EYEFIVE , then EYEFIVE (1) will be under no obligation to pay you for the breaching activities and may revoke payment in EYEFIVE 's sole discretion; (2) may seek a refund of past monies paid to you, if such monies were paid for breaching activities; and (3) reserves the right to withhold payment and to take legal action to recover damages incurred and/or to seek injunctive relief. 

16. EYEFIVE may amend this Agreement at any time, in our sole discretion. Notice of amendments will be sent to you by email, and you are responsible for complying with any amendments to this Agreement within 10 calendar days from the date of change. Failure by you to terminate this Agreement within those 10 calendar days will constitute acceptance of those amendments. 

17. EYEFIVE 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 EYEFIVE or its upstream providers. 

18. This Agreement will be governed by and construed in accordance with the laws of the Florida, without giving effect to its principles of conflicts of law. Any litigation arising under this Agreement will be brought in the federal or state courts of Florida. 

19. In connection with any legal action taken by an advertiser, agency, client, person, or entity against EYEFIVE for your actions that violate this Agreement, you agree that EYEFIVE will work with the advertiser, agency, client, person, or entity and may divulge your personal information. You also agree that EYEFIVE is not liable for your actions, and you will bear all costs (legal or otherwise) that EYEFIVE incurs if EYEFIVE is sued by an advertiser, agency, client, person, or entity as a result of your actions. 

20. If any provision of this Agreement is held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this Agreement will not be affected thereby. 

21. You must be at least 18 years old to sign up as an Affiliate. 

22. Your traffic must come from relevant countries to the campaigns. We monitor IP source and will remove credit for non-country relevant traffic. This means English-related campaigns must be delivered to English-speaking countries. USA-based campaigns must be delivered to USA-based citizens, and so forth (i.e., Clicks coming from China for USA based campaigns may not result in credit). 

23. Your traffic may not contain any form of adware. If you are found to use adware you will be terminated without payment. You also agree to pay for any fees that EYEFIVE incurs due to your infraction. 

24. This terms and conditions shall be governed by and construed under the laws of the State of California, United States of America. The parties consent to the personal jurisdiction of, and venue in, the Central District of the State of California, United States of America.

Updated on May 1, 2009

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Individual results may vary. Individuals shown are paid models, and not necessarily EyeFive customers. Information on this site is provided for informational purposes only. It is not meant to substitute for medical advice provided by your physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should read carefully all product packaging and labels. If you have or suspect that you have a medical problem, promptly contact your physician or health care provider. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.