AFFILIATE PROGRAM TERMS AND RULES

The following are terms and conditions for participating in the Nextgen Services Ltd Affiliate Program. "Affiliate" refers to you, and "Nextgen" refers to Nextgen Services Ltd and its corresponding entities.

By becoming an affiliate of Nextgen Services Ltd you acknowledge that you read and agree to these Terms and Conditions.

Nextgen reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions or countries and, in any event, is at least 18 years of age.
   
   
2. Affiliate will not engage in any SPAM of any kind, nor will Affiliate engage in any unauthorized message board, messenger service or other online posting. Nextgen also considers ANY type of advertisement about Nextgen posted to a newsgroup or chat room to be SPAM. For the purpose of this agreement , SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Nextgen, who has not specifically requested the information directly from Affiliate. "Unsolicited" and "Unauthorized" are defined as any solicitation not expressly requested or warranted by any organization or site mentioned above. Use of SPAM may result in the immediate suspension or termination of Affiliate account. Affiliate will also be in violation of the Nextgen Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Nextgen.
   
   
3. Affiliate will not engage in any advertising utilizing spyware or adware of any kind. This includes "permission" based adware software, used exclusively for the delivery of popup or related ads. In the event that you have an application that delivers advertisements, express permission must be granted in writing from Nextgen to allow any promotion. Affiliate will also not attempt to "bundle" products or services from Nextgen with any other products or services, regardless of user permission or otherwise, unless expressly permitted to do so in writing by Nextgen. Nextgen has no past or existing "bundling" arrangement of any kind, so Affiliate shall not bundle Nextgen products or services with any other unless expressly permitted in writing to do so by Nextgen.
   
   
4. Affiliate will not engage in any browser hijacking of any kind, or any other interference with the normal functioning of a potential website visitor's computer. This could include starting any process(es) not expressly started by potential website visitor, including opening of a CD rom, or any other program or application. In keeping with this, Affiliate is directly responsible to be in full compliance with all pertinent law.
   
   
5. Affiliate will not intentionally mislead any potential website visitor to believe that a Nextgen product or service is any other product or service. This could include website content, or ads run on any search engine. Affiliate will not use any product name in context of advertising which could be misunderstood to be a Nextgen product or service, and therefore be misleading to the potential website visitor.
   
   
6. Affiliate will not advertise or promote Nextgen products or services on any auction web site, this includes but is not limited to eBay.
   
   
7. Affiliate shall not resell the products or services. Affiliate can promote and advertise the products as an affiliate of Nextgen, Nextgen sell the products and pay commission to the Affiliate for customers they introduce, if the Affiliate wishes to set up their own site and sell products and services available here directly, then they need to make arrangements with the original suppliers of the products and services to do that. Nextgen is the original supplier of some of the products and services available here and others are supplied by reseller agreement between Nextgen and the original suppliers.
   
   
8. Affiliate will not use advertising which is directly false or misleading. This could include claims that "Porn" has been found on a user's machine when no actual scan for such items has been done, or directly using a customer's system information to falsely induce a click or purchase. This could include showing contents of particular sections of the potential website visitor's hard drive, cookie folder, or system settings, as well as specific information, such as IP address, operating system, or any other "non critical" system information. "Non Critical" is defined for purposes of this document as any specific system information that has no direct connection with any spyware/adware or any specific system problem Nextgen products or services will assist in repairing.
   
   
9. Affiliate agrees to assume sole responsibility for compliance with all applicable intellectual property laws and all other federal, state and international laws. In the event that Nextgen should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Nextgen in expeditiously responding to such notification and resolving any claim of infringement. In the event that an Affiliate is unresponsive or unwilling to assist, Nextgen will take any and all measures to prevent Affiliate from further involvement in our program, and will further cooperate in any law enforcement action as a result of said Affiliate's actions.
   
   
10. Affiliate will be directly responsible for all tax liabilities, including without limitation, liabilities to any agency with respect to any earnings or payments made as a result of affiliate's promotion of Nextgen. Affiliate further agrees to indemnify and reimburse Nextgen in the event of any claim for assessment by any foreign, United States federal, state, and/or local taxing authority.
    
    
11. Affiliate agrees that a Nextgen Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Nextgen. Affiliate further agrees not to nor attempt to incur any debt, expense, obligation on behalf of, for, or in the name of Nextgen.
    
    
12. All Affiliate applications are subject to approval by Nextgen
    
    
13. Affiliate agrees to receive Nexten e-mail, including but not restricted to sales reports and training.
    
    
14. Affiliate agrees to present Nextgen products and services as set forth at the official Nextgen Website. Affiliate will make no claims regarding products or services beyond what is stated at the official Nextgen Website.
    
    
15. Nextgen is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
    
    
16. Nextgen reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Nextgen logo, image, or trademark which may be distasteful, defame, or misrepresent Nextgen.
    
    
17. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of Nextgen. Upon request, Nextgen will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's Nextgen business.
    
    
18. Affiliate agrees not to present others' creative works-in full or in part-as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.
    
    
19. Nextgen makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
    
    
20. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
    
    
21. Nextgen shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Nextgen has been advised of the possibility of such damages. Nextgen aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the amounts paid or payable by Nextgen under this agreement.
    
    
22. Both Nextgen and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. Written notice from Nextgen to the Affiliate shall mean email to the normal email delivery address for the Affiliate contained in the Affilate membership database. Written notice from the Affiliate to Nextgen shall mean the Affiliate raising a ticket on the Nextgen help desk system at www.nxtgn.com/support and putting their message in the ticket.
    
    

Last updated Saturday, 25th April, 2009