Local Search Engine Marketing Specialists

Affiliate Program

Get Found Local Affiliate Program Operating Agreement:

"Rules of the road" for referring business to Get Found Local:

This Agreement, made and entered by and between Web Presence Group, LLC; DBA Get Found Local. ("Get Found Local, GFL or "we"), an Arizona Limited Liability Company, with its principal place of business at 10251 N. 77th Place, Scottsdale, AZ 85258, and you, the affiliate ("you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the Get Found Local Affiliate Program (the "Affiliate Program" or "Program")

1. Enrollment in the Program

We may reject any affiliate (at our sole discretion) for any reason we see fit, such as if we feel your site is unsuitable or inconsistent with the mission of Get Found Local. Get Found Local may terminate this Agreement and remove you as an affiliate at anytime if your site or promotion method is determined (at our sole discretion) to be unsuitable for the Program.

2. Promotion of Our Affiliate Program:

Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

Get Found Local Agrees To:

• Pay Affiliate $100.00 per new Get Found Local account sold, that you refer to our site.
• Pay Affiliate $50.00 second tier per new Get Found Local account sold by an affiliate that you referred to our site.
• Pay Affiliate $10 per month residual on first tier, direct sales made by an affiliate for as long as the customer continues to maintain their account at $49 per month.
• Pay Affiliate on a monthly basis when your account has reached a minimum of $100.00.

Affiliate Agrees To:

Observe Get Found Local's exclusive rights as to the names of its properties, including but not limited to Get Found Local and Web Presence Group.  Affiliate may not claim to be Get Found Local in any pay-for-placement or other search engines or in any other context; however, use of the Get Found Local name is acceptable and may be bid on in pay-for-placement search engines.

Strictly abide by the no spam e-mail policies contained herein.
Remove all links regarding promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.

Place Get Found Local Links on your site as provided to you for web pages through the FusionQuest system.

Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.

Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.

Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
Make sure that your site does not copy or resemble the look and feel of getfoundlocal.com or create the impression that your site is our site or a part of our site.

Publicity:

You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our consent.

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

Limitation of Liability:

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

Limited License:

We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing membership in Get Found Local. You may not alter, modify, or change the Links in any way and must use the links provided for web pages in any web pages posted on the Internet. You are only entitled to use the Links to the extent that you are a member in good standing of the Get Found Local Affiliate Program. We may revoke your license at anytime for any reason by giving you written notice.

Disclaimers:

We make no express or implied warranties or representations with respect to the Get Found Local website or the Get Found Local Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our affiliate tracking system will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Termination:

The terms of this Agreement will begin upon your acceptance of these terms and your joining the program through the FusionQuest Network interface. This Agreement shall commence on the date of your joining the program through the interface and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all Get Found Local trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

Modifications:

We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email and/or a change notice will be posted on our site or in the affiliate control panel. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

Independent Contractors:

You and Get Found Local are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.

Representations and Warranties:

You hereby represent and warrant to us as follows:

1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

Independent Investigation:

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Get Found Local Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Fraud:

If you commit fraud or falsify information in connection with the registration of members in Get Found Local through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Get Found Local for any and all damages that Get Found Local suffers as a result of such actions. You will also be responsible for returning to Get Found Local all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

Anti-Predatory Advertising Policy:

Affiliates will be removed from the Get Found Local Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.

Assignment:

This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of Get Found Local.

Reservation of Rights:

Get Found Local may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that you joined the program, or if your promotional methods are deemed inappropriate, or for any other reason at our discretion. Get Found Local also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.

This Agreement will be governed by the laws of the United States and the State of Arizona, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Phoenix, Arizona, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

GET FOUND LOCAL'S EMAIL COMPLIANCE AGREEMENT

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the Act) in its distribution of email that contains messaging regarding Get Found Local. More specifically, email that meets these criteria:

May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate;

Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;

Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate;

Must provide a valid physical postal address of Affiliate;

Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient;

May not contain materially false or materially misleading header information, or deceptive subject heading;

May not contain sexually oriented material.

Additional e-mail practices that are unacceptable per this agreement are as follows:

Sending any e-mail with the Get Found Local name or any associated web site addresses to any type of "Safe List" or through any type of "Safe List" service.
Sending any e-mail with the Get Found Local name or any associated web site addresses, as part of a confirmation/thank you letter as a result of a posting to a classified ad site or a FFA (Free For All Links) site.

Sending any e-mail with the Get Found Local name or any associated web site addresses as the return address.

Faxing, or Fax Blasting any message with the Get Found Local name or any associated web site addresses, to any recipient that has not requested the information first.

In addition, before distribution of email that contains messaging regarding Get Found Local, Affiliate agrees (1) to send the email addresses of all intended recipients of such email to Get Found Local, or a third-party designated by Get Found Local, so that Get Found Local may identify those individuals who have notified Get Found Local that they do not want to receive emails from or about Get Found Local, and (2) to suppress the email addresses of those individuals, as identified by Get Found Local.

Affiliate may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means, from a third party web site in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.

Upon Get Found Local's request, Affiliate shall provide Get Found Local with documentation demonstrating that the recipients consented to receive the email at issue.

In addition, in the event of a breach of this Email Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, Get Found Local shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting Get Found Local, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this Email Agreement.