Terms and Conditions

Terms and Conditions of Use
Terms & Conditions:
You do not need any permission to link to any of the pages on this site.

Limited copyright is granted for you to use and/or republish any of the press releases on this site for any legitimate media purpose as long as you reference PR Pond as the source. Using the press releases from the PR Pond network of sites on other sites that offer competing services to those offered by PR Pond, including but not limited to press release distribution, is expressly prohibited under the terms of this copyright.

Non-press release pages (Press Release Tips, About PRpond, etc..) cannot be republished without prior written consent of PR Pond. You may, however, link to these pages from your site.


 
	
Press Release Distribution Services 	


PR Pond provides you access to our Merchant Affiliate Programs subject to your compliance with the terms and conditions below ("Agreement"). Please read this Agreement carefully. By enrolling or participating as an Affiliate ("Affiliate") with PRpond, you receive compensation from a Merchant based on tracked actions by your End Users related to the Merchant's products or services. By placing Merchant Links on your website, you, the Affiliate, agree to be bound by these terms and conditions.

1. DEFINITIONS.

The following terms shall have the meanings set forth below:

"Affiliate" means a person or company that agrees to promote Merchant Services or the Merchant Site in accordance with Merchant Terms and Merchant Campaign Terms in exchange for payment.

"Affiliate Event" means an individual action by an End User; such as a Click Event, Lead Event, Sale Event, Call Event, or Go Event; within an approved Campaign that is tracked and recorded in a PRpond Transaction Table for which payment has been promised to an Affiliate by the Merchant.

"Affiliate Program" means a pay-for-performance program where an Affiliate receives a commission for sending an End User to the Merchant Site which then generates an Affiliate Event.

"Affiliate Site" means the Internet World Wide Web presence operated by or for Affiliate, (as modified to comply with the provisions of this Agreement, and future versions, upgrades, successors and replacements thereof).

"Affiliate Transaction" means any Event caused by the action of an End User which is recorded by PRpond and written to the PRpond Transaction Table.

"Call Event" is an Affiliate Event that allows the Merchant to credit Affiliates for completing a telephone call form by the End User and for End User Data obtained when an End User completes a telephone call form. The minimum commission payable to Affiliates for a Call Event is typically $2.00 per call.

"Campaign" means a logical grouping of Merchant Links and Events in the PRpond network through which Merchants manage their program. By way of example, a Campaign might be called 'Book Sales' and include Merchant Links which promote only books and Events which record only sales for books.

"Click Event" is an Affiliate Event that allows the Merchant to credit Affiliates for incoming clicks originating from an approved Affiliate Site to the Merchant Site. The minimum commission payable to Affiliates for a Click Event is typically $0.02 per click.

"End User" means an Internet user who clicks to the Merchant Site using a Merchant Link.

"End User Data" means all information and data of an End User collected by Affiliate, including, but not limited to, name, address, telephone number and email address.

"Event" is an Affiliate Event.

"Event State" is an Affiliate Event designated as a Valid Event, Pending Event, or Invalid Event.

"Go Event" is an Affiliate Event that allows the Merchant to credit Affiliates for outgoing clicks from the Merchant Site. The minimum commission payable to Affiliates for a Go Event is typically $0.02 per event.

"Intellectual Property" means all industrial and intellectual property rights existing from time to time including any patents, design rights, registered designs, trademarks, service marks, copyrights, moral rights, trade secrets, know-how, and all applications and registrations therefore, and all goodwill associated therewith.

"Invalid Event" is an Affiliate Event that has been disapproved by Merchant or PRpond for payment to Affiliate.

"Lead Event" is an Affiliate Event that allows the Merchant to credit Affiliates for End User Data obtained when an End User performs a specified action such as filling out a form, registering for a service, or downloading a file from the Merchant's Site. The minimum commission payable to Affiliates for a Lead Event is typically $1.00 per lead.

"PRpond Affiliate Manager" is the web-based interface that can be accessed with one username and password which an Affiliate uses to manage its Merchant Affiliate Program(s). The PRpond Affiliate Manager is accessible on PRpond's login page at https://www.PRpond.com/login.htm.

"PRpond Affiliate Code" is any HTML (Hypertext Markup Language, the authoring language used to create documents on the World Wide Web.), JavaScript, or any other program code and tags provided to the Affiliate via the PRpond Affiliate Manager or directly by PRpond. This code is intended to be placed as provided into the HTML of approved Affiliate Sites.

"PRpond Transaction Table" means a table in PRpond's online database that contains information about End User actions related to Merchant Links, Events, and related Affiliates.

"PRpond Services" means the various related content, links, products and services provided by PRpond on or through the PRpond Site.

"PRpond Site" means the Internet World Wide Web presence operated by or for PRpond, located on the Internet through the http://www.PRpond.com URL (as modified to comply with the provisions of this Agreement, and future versions, upgrades, successors and replacements thereof).

"Marks" means logos, trademarks, trade names, service marks or other identifying emblems, words or designs of PRpond or Merchant , as the case may be, to designate and identify itself or the particular products or services its offers.

"Merchant" means a person or company that offers an Affiliate Program through PRpond and agrees to pay Affiliates for promoting Merchant Services.

"Merchant Affiliate Program" means all of the Merchant's past and present Campaigns.

"Merchant Campaign Terms" are the terms set by the Merchant as conditions for participating in a particular Merchant's Campaign. At a minimum they include this document in its entirety, the Merchant's Terms and any Campaign-specific terms reflected in the Merchant Campaign information available to an Affiliate online through the PRpond Affiliate Manager.

"Merchant Link(s)" means an advertisement in the form of a banner, text link, or object displayed on an Affiliate Site, in an email, or a newsletter. When clicked, the Merchant Link directs an End User to the Merchant Site.

"Merchant Service(s)" means the product(s) or service(s) offered by the Merchant through the Merchant Site.

"Merchant Site" means the Internet World Wide Web presence operated by or for Merchant, (as modified to comply with the provisions of this Agreement, and future versions, upgrades, successors and replacements thereof).

"Merchant Terms" are the terms set by the Merchant as conditions for participating in their Merchant Affiliate Program. At a minimum they include this document in its entirety and any account-specific terms reflected in the Merchant Campaign information available to an Affiliate online through the PRpond Affiliate Manager.

"Pending Event" is an Affiliate Event that is being considered for approval as a Valid Event or disapproval as an Invalid Event by Merchant or PRpond.

"Sale Event" is an Affiliate Event that allows the Merchant to credit Affiliates for purchases by an End User of Merchant Services on the Merchant Site. The minimum commission payable to Affiliates for a Sale Event is typically $1.00 per sale.

"Service Level Guarantee" means the PRpond Site will be unavailable to the general public for no more than forty-eight (48) aggregate hours during any thirty (30) day period, excluding routine maintenance which shall occur during the hours of 1 a.m. to 6 a.m. Eastern Time no more than twice per month.

"Service Level Minimums" means industry standard service levels for like services, including, without limitation, standards for supporting online transactions, providing accurate and secure transmission of personal, credit card and other information, prevention of unauthorized access to End User Data, and availability of the Affiliate Site to End Users.

"Valid Event" is an Affiliate Event that has been approved by Merchant or PRpond for payment to Affiliate.

All other initially capitalized terms shall have the meanings assigned to them in this Agreement.


2. LICENSES/OWNERSHIP OF PRpond SITE.

2.1 Rights Granted by Affiliate.

(a) License; License Restrictions. Affiliate grants to PRpond a nonexclusive, nontransferable, royalty-free (without right to sublicense) license to use and display, during the Term of this Agreement, the Affiliate Marks, solely for the purpose of linking to the Affiliate Site. PRpond agrees that the Affiliate Marks are and will remain the sole property of Affiliate and agrees not to contest the ownership of such Affiliate Marks, nor misappropriate the Affiliate Marks for PRpond's own use. Affiliate reserves all rights to control the use of the Affiliate Marks, and PRpond shall not change or modify the Affiliate Marks in any manner without prior written authorization from Affiliate.

(b) Reservation of Rights. Except as expressly granted in this Agreement, PRpond shall have no other rights of any kind in the Affiliate Marks or the Affiliate Site. Under no circumstances will anything in this Agreement be construed as granting, by implication, estoppel or otherwise, a license to any of Affiliate's Intellectual Property or proprietary technology other than the use of the Affiliate Marks in accordance with the terms of this Agreement. PRpond acknowledges that the Affiliate Marks and the Affiliate Site are the sole property of Affiliate, and this Agreement only grants PRpond a limited right to link to the Affiliate Site under the terms and conditions of this Agreement. The Affiliate Marks may not be used as a feature or design element of any other logo without prior written authorization from Affiliate.

2.2 PRpond Ownership Rights. All content, writings, graphics, tables, sounds and other materials on the PRpond Site, the design, layout and general look and feel of the PRpond Site, and all Intellectual Property embodied therein or pertaining thereto, (other than Affiliate supplied materials or Affiliate Marks on the PRpond Site) shall remain the sole and exclusive property of PRpond or its licensors. PRpond will retain sole control and ownership over the look and feel, content, layout and design of the PRpond Site. Nothing under this agreement shall be construed as granting to Affiliate any license or right in or to any Intellectual Property of PRpond.


3. RIGHTS AND OBLIGATIONS OF THE PARTIES.

3.1 PRpond's Rights and Obligations.

(a) PRpond shall meet the Service Level Guarantee.

(b) PRpond shall be solely and exclusively responsible for all operation, hosting, and maintenance on the PRpond Site.

(c) PRpond shall provide automated, real-time tracking; reporting; and analysis of Merchant Links and Events on every Affiliate Transaction recorded for an Affiliate.

(d) PRpond shall provide monthly Commission processing and payment for all Affiliates on behalf of Merchant.

(e) PRpond has the right to not accept individuals, or any multi-level marketing, franchised, reseller, or third party websites, and reserves the right to not accept Affiliates in certain vertical markets or Affiliates it deems, in its sole discretion, harmful to PRpond.

(f) PRpond reserves the right, in its sole discretion and without liability, to reject, omit or exclude any Affiliate Site for any reason at any time, with or without notice to the Affiliate and regardless of whether such Affiliate Site was previously accepted.

(g) PRpond or Merchant may change the Event State for Events to Invalid Event in the Affiliate Account in circumstances of (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Event; and (iv) non-receipt of payment from, or refund of payment to, the User by the Merchant.

3.2 Affiliate's Rights and Obligations.

(a) Affiliate shall be solely and exclusively responsible for all operation, hosting, and maintenance on Affiliate Site(s) and shall meet Service Level Minimums on any Affiliate Site used in a Merchant Affiliate Program.

(b) Except as provided herein, Affiliate may not modify PRpond Affiliate Code without prior written consent from PRpond or the affected Merchant. Affiliate may not alter, copy, modify, take, sell, reuse, or divulge any PRpond Affiliate Code, except as is necessary to partake in a Merchant Affiliate Program. Requests for changes to PRpond Affiliate Code should be sent to in accordance with section 12.7.

(c) If PRpond Affiliate Code is not provided by PRpond in the form of JavaScript, Affiliate is obligated to update Merchant Links to earn Commissions, when notified by PRpond that a Merchant Link has changed.

(d) Affiliate agrees and represents that all information provided for the purpose of enrolling as an Affiliate will be accurate, complete and current. Affiliate is responsible for keeping account information up to date using the Affiliate Manager, including, but not limited to, financial information and contact name, phone number, and email.

(e) In addition to and without limiting Affiliate obligations under this Agreement, the Affiliate is obligated to abide by any Merchant Terms and Merchant Campaign Terms applicable to any Campaign in which an Affiliate participates. If any conflict arises amongst this Agreement and the Merchant Terms and/or Merchant Campaign Terms, this Agreement shall prevail. If any conflict arises between the Merchant Terms and the Merchant Campaign Terms, the Merchant Terms shall prevail.

(f) Affiliate is obligated to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation) and any other laws or regulations that govern email marketing and communications when promoting any Merchant Affiliate Program.

4. EXCLUSIVITY.

4.1 The Affiliate is not barred by this agreement from participating in any other Affiliate Program offered by a PRpond competitor or from participating in any in-house Merchant Affiliate Program.


5. PAYMENTS.

5.1 Commissions. Affiliate will receive commission ("Commission") for all Valid Events.

5.2 Payment Terms.

(a) All payments are based on Affiliate Events, designated as a Valid Event, Invalid Event, or Pending Event, which are accounted and audited by PRpond. The Event State shall be considered binding on Affiliate.

(b) Affiliates will be paid earned Commissions typically within twenty (20) business days after the end of a calendar month. All accounts will be settled in U.S. dollars ($US). No checks will be issued for any amounts less than $25. Any amounts less than $25 will carry over to the next month. If this Agreement is terminated by PRpond in accordance with section 11.2(a) or by Affiliate in accordance with section 11.2(b) and earned Commissions of less than $25 are owed to Affiliate, such Commissions shall be forfeited to PRpond.

(c) Every Affiliate account based in the United States must have a unique Employer Identification Number (EIN) or Social Security Number, as applicable, associated with the account. Payments exceeding six hundred dollars ($600.00) per calendar year will be made to Affiliate only after they provide proper tax identification information.

(d) Any bank service fees incurred by PRpond due to an error in Affiliate account information are Affiliate's responsibility and will be deducted from Commissions due to Affiliate.

(e) PRpond is hereby released by Affiliate for any claim for payment of a Commission until such time as PRpond has received payment from the relevant Merchant. Affiliate recourse for any earned Commissions not paid to Affiliate shall be to make a claim against the relevant Merchant(s), and PRpond disclaims any and all liability for such payment.


6. REPRESENTATIONS, WARRANTIES AND COVENANTS.

6.1 By PRpond. PRpond represents, warrants and covenants that (i) it has sufficient rights to grant Affiliate the rights and licenses set forth herein; (ii) to the best of its knowledge, the PRpond Services and the PRpond Site do not and will not violate any applicable law or regulation; (iii) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound; (iv) it has full legal authority to enter into this Agreement and to carry out the provisions hereof; (v) to the best of its knowledge, the PRpond Services and the PRpond Site do not infringe in any manner any copyright, patent, trademark, trade secret or other Intellectual Property right of any third party; (vi) to the best of its knowledge, the PRpond Services and the PRpond Site do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (vii) the PRpond Services and the PRpond Site are not false or misleading; (viii) the PRpond Services and the PRpond Site do not produce, provide or are in any manner related to pornographic products or services (which PRpond shall have complete discretion to define); and (ix) the PRpond Services and the PRpond Site are neither defamatory, libelous, militant, hateful, slanderous or threatening.

6.2 By Affiliate. Affiliate represents, warrants and covenants that (i) it has sufficient rights to grant PRpond the rights and licenses set forth herein; (ii) to the best of its knowledge, the Affiliate and the Affiliate Site do not and will not violate any applicable law or regulation; (iii) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound; (iv) it has full legal authority to enter into this Agreement and to carry out the provisions hereof; (v) to the best of its knowledge, the Affiliate and the Affiliate Site do not infringe in any manner any copyright, patent, trademark, trade secret or other Intellectual Property right of any third party; (vi) to the best of its knowledge, the Affiliate and the Affiliate Site do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (vii) the Affiliate and the Affiliate Site are not false or misleading; (viii) the Affiliate and the Affiliate Site do not produce, provide or are in any manner related to pornographic products or services (which PRpond shall have complete discretion to define), or their subsidiaries or foundations funded by such companies whose function is to improve acceptance of such products by the public; (ix) the Affiliate and the Affiliate Site are neither defamatory, libelous, militant, hateful, slanderous or threatening (which PRpond shall have complete discretion to define); and (x) that Affiliate will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software).


7. DISCLAIMERS; LIMITATION OF LIABILITY.

7.1 Disclaimer of Warranties. EXCEPT AS SET FORTH IN SECTIONS 3 AND 6, AFFILIATE'S OBLIGATION TO MEET SERVICE LEVEL MINIMUMS, AND PRpond'S OBLIGATION TO MEET A SERVICE LEVEL GUARANTEE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE AFFILIATE SITE(S) OR THE PRpond SERVICE INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY.

7.2 Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 9, IN NO EVENT SHALL EITHER PARTY, OR ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENT COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, POTENTIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOST PROFITS OR LOST REVENUES) EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


8. FORCE MAJEURE.

8.1 A party shall not be considered to be in default in the performance of any obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force," as used in this Agreement, shall mean an unanticipated event which is not reasonably within the control of the affected party and which by exercise of reasonable due diligence, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, terrorist attack, explosion, public emergency, civil disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep the necessary authorizations or approvals from any governmental agency or authority; however, no party shall be relieved of its obligations hereunder, if its failure of performance is due to removable or remediable causes which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time period. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt notice of such fact to the other, followed by written confirmation of that notice, and shall exercise due diligence to remove such inability with all reasonable dispatch.


9. INDEMNIFICATION.

9.1 By Affiliate. Affiliate agrees to indemnify, defend and hold harmless PRpond and its officers, directors, employees, agents, successors and assigns from and against any and all losses, liabilities, damages, penalties and claims and all related costs and expenses (including reasonable attorneys' fees) related to claims made by third parties against PRpond: (i) alleging that Affiliate's Marks or other Intellectual Property infringe the patents, copyrights, trademarks or service marks or other Intellectual Property rights of such third parties; (ii) arising out of or relating to Affiliate Site(s) or the Affiliate Marks; or (iii) due to a breach by Affiliate of its warranties, representations, obligations or covenants or otherwise breaches this Agreement.

9.2 By PRpond. PRpond agrees to indemnify, defend and hold harmless Affiliate and its officers, directors, employees, agents, successors and assigns from and against any and all losses, liabilities, damages, penalties and claims and all related costs and expenses (including reasonable attorneys' fees) related to claims made by third parties against Affiliate: (i) alleging that PRpond's Marks or other Intellectual Property infringe the patents, copyrights, trademarks or service marks or other Intellectual Property rights of such third parties; or (iii) due to a breach by PRpond of its warranties, representations, obligations or covenants or otherwise breaches this Agreement.

9.3 Procedures. The Indemnified Party shall (i) promptly notify the Indemnifying Party in accordance with section 12.7 of such suit, claim, or proceeding; (ii) give the Indemnifying Party reasonable information, assistance and cooperation required to defend such suit, claim, or proceeding; and (iii) allow the Indemnifying Party to control the defense of any such action and all negotiations for its settlement or compromise. The Indemnified Party may be represented in the defense of any such claim, at the Indemnified Party's expense, by counsel of the Indemnified Party's selection. The Indemnifying Party shall have no liability for settlements or costs incurred without its consent. The Indemnifying Party shall not enter into any settlement that imposes liability or restrictions on the Indemnified Party without the Indemnified Party's prior written consent, such consent not to be unreasonably withheld or delayed.


10. OWNERSHIP OF USER DATA; CONFIDENTIALITY.

10.1 Confidentiality. PRpond and Affiliate agree that any and all information identified by the other as "Confidential" and/or "Proprietary", or which, under all of the circumstances, ought reasonably to be treated as Confidential and/or Proprietary, will not be directly or indirectly disclosed to any third person without the express consent of the other party for a period of three (3) years following termination of this Agreement and that neither party will make use of Confidential Information except under the terms of this Agreement. These confidentiality obligations shall not apply to any information which: (i) is or subsequently becomes available to the general public other than through a breach by the receiving party; (ii) is already known to the receiving party before disclosure by the disclosing party; (iii) is developed through the independent efforts of the receiving party; (iv) the receiving party rightfully receives from a third party without restriction as to confidentiality or use; or (v) is requested pursuant to a subpoena; provided, that the party responding to such subpoena gives the other party reasonable notice and opportunity to intervene to quash such subpoena.

10.2 Privacy of Consumer Financial Information. Notwithstanding anything in this Agreement to the contrary, if it is necessary for Affiliate to disclose any End User Data to PRpond for any reason, PRpond agrees that at no time shall PRpond use or disclose any such End User Data that PRpond may obtain in connection with this Agreement, except as required by law; provided that nothing herein shall require Affiliate to disclose End User Data to PRpond.


11. TERM OF AGREEMENT AND TERMINATION.

If Affiliate is dissatisfied with PRpond, any Merchant Affiliate Program, or with any of the terms and conditions contained herein, Affiliate's sole and exclusive remedy is to terminate Affiliate account. Affiliate may cancel their account with PRpond at any time by sending notice in accordance with section 12.7.

11.1 Term. The term of this Agreement shall begin on the date the Affiliate applies for an account and shall continue until terminated by any of the actions enumerated in section 11.2.

11.2 Termination. This Agreement will terminate in the event of any of the following:

(a) Immediately after a material breach, provided that the non-breaching party gives the other notice in accordance with section 12.7 of a material breach by the other of this Agreement and a request for a cure, unless the breach is cured that day.

(b) Immediately once notice of termination by either party is received by the other party in accordance with section 12.8.

11.3 Effect of Termination.

(a) Upon termination of this Agreement, all licenses granted to Affiliate and PRpond hereunder shall automatically terminate.

11.4 Survival. Sections 5 (to the extent the payment obligations accrue prior to termination), 7, 9, 10, 11.3 and 12 shall survive any expiration or termination of this Agreement.

11.5 Suspension. PRpond reserves the right, at its sole discretion to suspend the Affiliate if it suspects a material breach of section 3.2. If PRpond takes action to suspend, PRpond may do so immediately, but PRpond is not relieved of its obligation to notify the Affiliate per section 11.2(a).


12. GENERAL

12.1 Choice of Law. The Parties agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina (including by not limited to the Uniform Electronic Transactions Act as enacted in North Carolina), without regard to conflict of laws provisions thereof. Furthermore, the parties agree that any dispute (including litigation) that arises between the parties shall have its venue in the state or federal courts of Wake County, North Carolina.

12.2 Assignment. Affiliate may not assign all or any portion of this Agreement without the prior written consent of PRpond, which consent may be withheld at PRpond's sole discretion.

12.3 Relationship of the Parties. No partnership, joint venture, employment, agency, franchise, or other form of agreement or relationship is implied or intended by this Agreement. The parties shall be independent contractors for all purposes in connection with this Agreement.

12.4 Entire Agreement. The parties agree that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof and supersedes all prior and contemporaneous communications, whether oral or written. The parties agree that this Agreement may be modified or amended from time to time hereafter by PRpond as it deems necessary and Affiliate agrees (in consideration for PRpond agreeing to continue doing business with Affiliate) to be bound by such amendments, however, no such modification or amendment shall act to increase any financial obligation which Affiliate may otherwise have to PRpond pursuant to this Agreement.

12.5 Press Releases. Neither party shall issue any press release or announcement relating to the relationship contemplated by this Agreement without the prior written consent of the other party.

12.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

12.7 Notices. All notices, requests, consents, and other communications under this Agreement from Affiliate shall be in writing and shall be deemed delivered (i) two business days after being sent by registered or certified mail, return receipt requested, postage prepaid or (ii) one business day after being sent via a reputable nationwide overnight courier service guaranteeing next business day delivery. If from PRpond to Affiliate, immediately upon email to the primary contact email address is deemed an acceptable means of notification. In each case to the intended recipient as set forth below:

If to Affiliate by email to the primary contact email address,

If to PRpond, at 1135 Kildaire Farm Rd., Suite 200, Cary, N.C. 27511, Attention: Choots Humphries, or via email using the form available at http://www.PRpond.com/member/contact.htm or at such other address or addresses as may have been furnished in writing by PRpond to the other Party in the manner set forth in this section, with a copy to Richard Stephenson, Stephenson & Stephenson, LLP, 580 New Waverly Place, Suite 240, Cary, NC 27511 regarding any legal communications.

12.8 Section Headings. Section headings are for descriptive purposes only and shall not be used to interpret the meaning of this Agreement.

12.9 Attorneys' Fees. If either party fails to pay any amounts due under this Agreement or otherwise breaches this Agreement and the non-breaching party retains an attorney to collect such amounts or remedy such breach, then the breaching party shall be obligated to pay any amounts due herein including said non-breaching reasonable attorneys' fees incurred in collecting such amounts and court costs.

12.10 Non-Waiver. No delay or omission of either party in exercising any right accruing upon any default of the other party shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default. A waiver by either of the parties of a breach or a default under any of the terms and conditions of this Agreement by the other party shall not be construed to be a waiver thereof. A waiver by either of the parties of a breach or a default under any of the terms and conditions of this Agreement by the other party shall not be construed to be a waiver of any subsequent breach or default of any other term or condition of this Agreement.

- Level 2:  Merchant Terms and Conditions
The Merchant has not specified any terms and conditions for this level.
- Level 3:  Campaign Terms and Conditions
This is a Naked Link(tm) campaign. It is not to be used in email campaigns.

You do not need any permission to link to any of the pages on this site.

Limited copyright is granted for you to use and/or republish any of the press releases on this site for any legitimate media purpose as long as you reference PR Web as the source. Using the press releases from the PR Web network of sites on other sites that offer competing services to those offered by PR Web, including but not limited to press release distribution, is expressly prohibited under the terms of this copyright.

Non-press release pages (Press Release Tips, About PRWeb, etc..) cannot be republished without prior written consent of PR Web. You may, however, link to these pages from your site.
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