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Terms and Conditions for Affiliates

General Overview
These Terms apply to http://www.ContractWars.com and all websites and URLs controlled or operated by ContractWars, Inc. unless otherwise specified. Please read these Terms and Conditions of Service ("Terms" or "Terms and Conditions") very carefully as they contain the legal terms and conditions that you agree to when you to become an Affiliate for the services provided by ContractWars which are primarily provided through www.ContractWars.com (the "Site"), the website owned and operated by ContractWars, Inc. These services will be referred to throughout these Terms as the "Service". The Service is operated by ContractWars, Inc. ("ContractWars"), a company incorporated under the laws of the State of Michigan. ContractWars is also referred to in these Terms as "we" and "us".The terms "you," "your" or "Affiliate," used in this agreement means the Affiliate. By signing up to become an Affiliate, you are stating that you have read and agree to all of the terms outlined in this agreement. We strongly recommend that, as you read the Terms, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a user. Please note that underlined words and phrases are links to these pages and websites. We may amend the Terms at any time by posting the amended Terms on the Site. All amended Terms shall automatically be effective immediately once they are initially posted on the Site. It is your responsibility to check the site and terms frequently if you want to be up to date on the current terms. Any major term change, we will attempt to email. The Terms may not be otherwise amended except in writing signed by you and ContractWars, Inc. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The titles describing the sections of the Terms (example Linking to ContractWars) are just titles. These titles are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ContractWars reserves the right to alter the Terms at any time for any reasonable purpose. Your continued use of the Service means that you accept those changes. If you have any questions, please contact us. Please also read our Privacy Policy, which is considered part of these Terms. If you do not agree to be bound by the terms and conditions of these Terms, do not use or access our services.

Linking to ContractWars: We provide you with special links. These links are used to properly track your referrals. Affiliate must use the correct special link format for the Affiliate to earn commissions. No Link will be placed on any page or screen that contains content that: promotes racial discrimination, relition, nationality, sex, disability, sexual orientation, or age; engages in or promotes illegal activities, violates third parties intellectual property rights; or has or advocates deceptive information. You earn commissions through the use of these special links. You agree that you will not hold us liable in any way if there is an error or bug in our tracking software or if you don't set up your links properly, which can include reduced earnings. We track with 30 day cookies. If a user clicks one affiliate's link and then clicks a different affiliate's link, the first affiliate gets the commission.

Commissions (1st tier): You will earn 25%* of all membership fees that we earn for customers that you refer to us and sign up as contractors. You earn commissions every month for as long as the customer uses our service. You will not earn commissions on returns or chargebacks. If your chargeback rate rises above 5% we may close your account and charge you $30 per incident which may be automatically deducted from your earnings.

Commissions (2nd tier): You will earn 5%* of all income that Affiliates earn that you refer to us and sign up. For example, if an affiliate that you refer earns $100 in a month, you earn $5.You earn commissions every month for as long as the Affiliate uses our service. You will not earn commissions on the Affiliates returns or chargebacks.

Commissions (both tiers): You will be paid monthly via check. We reserve the right to pay our Affiliates until we receive and process your w9 form. Instructions on how to submit a w-9 form can be found in your main affilite account area under the "Your Info" link. First time Affiliate payments may be limited based on our sole discretion to $150 or held for a period of time that we determine if we suspect fraud. We require that you are owed at least $55.00 before you receive payment. If you are not owed $55.00 at a given time your payment will be deferred to the following month so long as you have over $55.00 in your account. You will not earn interest on deferred payments. To help prevent fraud, you will only be paid for earnings that are over 60 days old. If returns or chargebacks occur after you have been paid, you are liable for this amount, adjustments will occur on your next payment if applicable, if you do not earn enough the next month to cover what you owe, we may ask for an alternative payment method. Commission rates may change and if this does occur we will notify you if a reduction occurs. If chargebacks occur, we can delay payments at our own discretion for fraud screening.

*All commissions processed by credit/debit card will be based on 97% of the fees collected due to a 3% deduction for processing fees.

Tracking Software: You will be provided with links to our site with tracking information and will be able to montior your Affiliate program status through our real-time tracking software. You are responsible for linking to us properly and testing your links.

Marketing Materials: Affiliate is given a non-exclusive, revocable right to use images and icons for which we grant express permission, for the purpose of identifying Affiliate site as a participant in our affiliate program and to use as marketing materials (these images are found in the "links" area under "Promotional" in the affiliate area). You may not change the icon or any of our images in any way. We reserve all rights in the images and icons, our trade names, trademarks and copyrights and all other intellectual property rights. We may revoke your license at any time by giving Affiliate written notice. You may not use such icons and other images in such a way that would harm our image. If you would like to use other images, we must grant permission. Upon termination or cancellation of this Agreement, you agree to cease all use of such icon and other images.

Your Site(s): Affiliate will be solely responsible for the functioning of your site including development, maintenance, operation, and for all content that appear on your site. ContractWars disclaims all liability for these matters. Also, you will indemnify and hold ContractWars harmless from all claims,damages, and expenses (including, without limitation, any attorneys' fees) with regards to the development, maintenance, operation, and content of affiliate website(s).

Independent Contractors: Affiliate is an independent contractor and nothing in this agreement will or is intended to create any form of partnership, agency, franchise, joint venture, sales representative or employment relationship with ContractWars, Inc. Affiliate may not make any statement which may cause confusion as to the relationship between ContractWars and Affiliate.

Unauthorized Activities:
1. Similar Domains: affiliate may not own or operate domains that are similar in name to ours or that are misspellings.
2. Keyword Bidding: affiliate may not bid on words similar to ContractWars and any of our tradenames in search engines.
3. Confusion: affiliate may not claim they are a representative of ContractWars or "affiliated" with us. You are a member of our affiliate program and in no way represent us. Your website cannot be a copy of ours and should be different enough so that a visitor would not be consfused that they were on your site and not on our site.
4. Press Releases: You may not issue any press release with respect to this Agreement or your participation in our affiliate program
5.Spam: Do not send email to lists or groups that you do not have permission to email. Also, do not spam other websites or disobey other websites terms of service.

Maximum Liability: Affiliate may only recover monetary damages in an action at law and will in no event be entitled to seek injunctive or equitable relief. The amount of money that Affiliate can recover is limited to the amount of commisions owed to Affiliate.

Enrollment: Signing up for the service doesn't guarantee that you will be accepted. If we do not believe that your company or site relates or represents our products appropriately or for any other reason in our sole discretion, we may decline you. These reason may include violating intellectual property rights, discrimination, explicit materials, violence, or unlawful activites. If after we accept you, we find that your website contains characteristics of the previous statement, we reserve the right to terminate this agreement at any time for any reason. After termination, you will not earn commissions on any traffic sent to us. If your account is terminated, we reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. If you aren't accepted into our program, you will not earn commissions on referrals. By promoting our product before you are approved, you are taking the risk that you may be declined and not earn money on your referrals.

Pricing changes: Our pricing may change from time to time. Due to this, Affiliate may not list product pricing on promotional material or links. We can't guarantee pricing if it has changed.

Term: Your Affiliate relationship begins once we have approved your application and will end once the agreement is terminated. If you choose to terminate the agreement, it may take up to 30 days to inactivate your account. We can terminate your Affiliate status at any time for any reason with or without notice. If we suspect your account of fraud and terminate your account we are under no obligaton to pay affiliate any commissions.

Affiliate Location: We are open to affiliates that live anywhere in the world. Be aware that our services are only currently offered in the U.S. Also, all foreign affiliates will also need to fill out a w9 form (the same as U.S. affiliates).

Rights Granted: All rights that we grant are non-exclusive, limited, revocable and on a non-transferable basis. When our relationship ends with you, all rights granted are revoked.

Terms Applicable to All Users of the Service (Casual Visitors and Registered Users)

Purpose of the Service
ContractWars is a marketplace for the construction, maintenance and other related industries. Individuals in need of a construction or maintenance type service submit their project online through the Site (www.contractwars.com), and member service providers who are interested in those projects ask for more information, setup an appointment, or submit estimates online. ContractWars also offers home improvement tips and help that are available to the casual visitor. ContractWars also makes no guarantees as to the skills of any of the member service providers or the quality of work that they may perform. ContractWars does not recommend or endorse the services of any particular member service provider. The service providers are not employees or agents of ContractWars, nor is ContractWars an agent or employee of the service providers. When we use the phrase "our service providers" we are only stating that this group of service providers are registered users of the Service. ContractWars does not perform and is not responsible for the service you request when you submit a project on our Site. If you hire one of our service providers it is up to you and the company to enter into a direct contract or other agreement. ContractWars does not guarantee that the contract or agreement will not be violated, the work will be performed, or that the outcome of the services provided will be what you expect. Your rights under any contracts or agreements you enter into with service providers are governed by the terms of such contracts or agreements and by applicable federal, state and local laws. You must address any disputes with the service provider directly, and you hereby agree to release ContractWars (and our officers, directors, Affiliate, employees, and agents) and any other person, firm, or entity from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service providers.

ContractWars is not an Auctioneer. The Site acts as a venue to allow people to connect to other people. We allow people to offer, sell, and buy services through our online community. We are not involved in the actual transaction between buyers (service providers) and sellers (those who submit projects). As a result, we have no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of users to post projects or pay for the services requested, or the ability of the service providers to provide the services requested. We cannot ensure that a buyer or seller will actually complete a transaction.

Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended ContractWars members. If you do not qualify, please do not use the Site. Further, your ContractWars account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.

Content and Information on the Site
Permission to use documents (such as press releases, content, informational items and FAQs) from the Site (www.homepyramid.com and www.contractwars.com) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Distribution of content requires express written permission of ContractWars. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Elements of ContractWars Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ContractWars website may be copied or retransmitted unless expressly permitted by ContractWars. ContractWars makes no representations or warranties about the suitability of the information contained in the content and related graphics published on the Site for any purpose. All such content and graphics are provided "as is" without warranty of any kind. ContractWars hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The documents and related graphics published on the ContractWars website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. ContractWars and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Availability
ContractWars is committed to making sure that the Service is available 24 hours a day, 7 days a week. However, there may be occasions when the Service will become unavailable for purposes of Site maintenance and upgrades, or due to server and other technical problems that are beyond the control of ContractWars. We will take all steps necessary within our ability and control to ensure that such disruptions of the Service are kept to a minimum. Check the Site for scheduled interruptions of Service. You agree that ContractWars will not be liable to you for any interruptions, modifications or discontinuance of Service. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Affiliate agrees not to hold us liable for any of the consequences of such interruptions.

Conditions of Account Termination
ContractWars reserves the right to terminate your account for any reason, at any time, and without notification, but especially pertaining to the misuse of our services such as the following: 1) breach of these Terms or the documents it incorporates by reference; 2) our inability to verify or authenticate any information you provide to us; or 3) the possibility of financial loss or legal liability for you, our users or ContractWars.

Indemnification
You agree to indemnify ContractWars, and its subsidiaries, Affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by you or any third party due to or arising from your use of the ContractWars services or in connection with the ContractWars website or your violation of these terms and conditions, or arising from your violation of any rights of a third party.

Law, Jurisdiction, and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Michigan. You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to these Terms or its enforcement, performance, breach, or interpretation shall be resolved through either court or arbitration in Ingham County, Michigan. Before resorting to the methods listed above, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. Because we are a venue, in the event that you have a dispute with one or more users, you release ContractWars (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms, however arising, including negligence. You agree not to hold ContractWars responsible for any damages or other liabilities arising from work performed by any service provider.

 

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