Tightvac Affiliate Program Terms & Conditions Quick Links:
 
           
Now for the "fine print." You and we want to treat each other fairly and conduct our respective businesses honestly. These are the terms and conditions under which you can be our independent contractor to promote Tightvac products on independent websites in return for a commission on sales.
Print out this page for your records, but please be aware that the terms and conditions here are subject to change at any time.
           
Personal Information (Back to top)
           
It is your sole responsibility to ensure that the personal details that you provide on the application are true and accurate, and that you will inform us if they change. You hereby also warrant that you are who you say you are in your application.
           
In some places, there is a minimum age requirement for dealing in products of any nature, and for making any binding contract at all. It is your sole responsibility to determine whether the place from which you operate your website or the place of your residence has a minimum age requirement for both of these matters. It is, naturally, your sole responsibility to comply with any such requirements. By agreeing to this contract, you warrant that you are old enough.
           
You warrant that you also possess all other rights, permissions, and competencies to run a website that deals in the sale of any products.
           
You hereby consent that we may use the information that you provide in your application in order for us to carry out any checks that we consider necessary to confirm your identity and suitability for the program, or for any other purpose which Tightvac in its sole discretion deems necessary.
           
On submission of an application to become an Affiliate, the applicant shall be deemed to have accepted and to bebound by the terms of this contractual Agreement.
           
Business related websites will be required to supply Tax Identification numbers or Social Security numbers to Tightvac - This is purely for taxation issues with the federal goverment as well as state and local goverment agency's and municipalities. This information will be kept strictly private and only be shared upon request by a ligitimate goverment organization.
           
The Permission We Allow You (Back to top)
           
Upon accepting your application to become an Affiliate, Tightvac grants you permission to market the Tightvac Products, as offered on a Tightvac Website, pursuant to the terms of this Agreement, on a strictly independent contractor basis.
           
The permission to market includes a non-exclusive, non-transferable, royalty free, revocable license to use Tightvac Intellectual Property in conjunction with Advertising Material, for the sole purpose of Promotional Activities.
           
Tightvac Rights (Back to top)
           
All data supplied via the Link either to or from the Affiliate and/or the Affiliate Website and all Intellectual Property Rights in the same, and any and all good will generated by the Affiliate's activities shall accrue to and belong to Tightvac exclusively.
       
   
Tightvac is entitled to monitor the Affiliate Website to make sure that the Link to the Tightvac Website and/or the Affiliate Website and/or the Affiliate's participation in the Tightvac Affiliate program is/are appropriate.
           
       
If, in the sole discretion of Tightvac, Tightvac considers the Link, Product Frame Option or the Affiliate Website or the Affiliate's participation in the program inappropriate, Tightvac may either:
           
         
notify the Affiliate of the changes it requires the Affiliate to make,
           
         
or
           
         
terminate this Agreement without notice to the Affiliate and without penalty for Tightvac.
           
All Intellectual Property used in accordance with this Agreement by either or both parties shall remain the exclusive property of the respective originating or issuing party.
           
   
No transfer of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement.
           
Interests in this Agreement may not be transferred or sold to any other entity, and all business between the parties is subject to the terms of this Agreement.
           
Both parties will be held to confidence in any matters of business with regard to this Agreement.
           
Tightvac will own all right, title and interest in and to all information that is created or collected in the operation of the Tightvac Websites.
           
Affiliate Obligations (Back to top)
           
General
           
   
The Affiliate shall conduct him/herself with honesty and integrity.
           
   
The Affiliate shall comply with every applicable law, ordinance, rule, and/or regulation of every applicable country, federation of countries (such as the European Union), state, province, county, municipality and/or other jurisdiction in which the Affiliate attempts to conduct his/her affiliate affairs.
           
Links
           
   
The Links shall be displayed throughout your Affiliate Website.
           
   
The Link that Tightvac will provide for the Affiliate from the Tightvac Website identifies the linked site as the Affiliate Website, and therefore:
           
Tightvac's policy is not to use pornographic images on a Tightvac Website; if the Affiliate decides to use pornographic materials on the Affiliate Website, that Affiliate alone is responsible for compliance with all applicable statutes and regulations, including Title 18, Part 1, Chapter 110, Section 2257 of the U.S. Code, inter alia with respect to the duty to maintain certain records regarding persons appearing in the pornographic materials.
           
   
The Affiliate shall also solely be responsible for ensuring that he/she does not infringe the intellectual property rights of the owners of such materials, just as the Affiliate is solely responsible for ensuring that he/she does not infringe the intellectual property rights of the owners of any materials used on the Affiliate Websites.
           
The Affiliate shall not use any content, or link to a website that uses any content, that:
           
   
contains, libelous, defamatory, obscene, abusive, or illegal materials;
           
   
is invasive of any privacy and/or publicity rights;
           
   
infringes third party intellectual property rights;
           
   
violates any law or which is otherwise reasonably objectionable;
           
   
contains information or claims about the Products other than information about the Products supplied on the Tightvac Websites;
           
     
or
    
           
   
contains any material that would mislead or cause confusion about the Products or the relationship between the Affiliate and Tighvac.
           
The Affiliate shall not authorize any third party to use the TIghtvac Intellectual Property, or any text, graphics, or photos that bear a likeness to Tightvac Intellectual Property;
           
The Affiliate shall not engage in or facilitate any Promotional Activities that use any technology that has any virus including, but not limited to, any Trojan horse, worm, logic bomb, time bomb, back door, trap door, keys or other harmful elements.
           
The Affiliate shall not use consumers' personal data for activities that fail to comply with personal data protection legislation or regulations in any relevant jurisdiction.
           
The Affiliate shall not create, or attempt to create, a Transaction by any means other than that permitted in this Agreement.
           
   
All Transactions shall be made by Tightvac and subject to Tightvac's terms of sale.
           
The Affiliate shall not attempt to use any device, program, code or other technology to foster a Transaction that is not in good faith.
           
The Affiliate shall not use the Advertising Materials or Tightvac Intellectual Property Rights to promote any affiliate program other than the Tightvac Affiliate program.
           
All banners and ad materials are solely for use with Tightvac sites.
           
The Affiliate shall give Tightvac a functioning e-mail address that the Affiliate checks regularly.
           
The Affiliate shall not, directly or indirectly, attempt to recruit, solicit, or induce other affiliates to terminate their affiliate relationship with Tightvac.
           
Traffic theft and any use or distribution of software that overrides or steals tracking cookies to generate sales for him/herself is strictly prohibited.
           
Using the Tightvac name and or Trademarks, Patents or any of the Intellectual property without written permission is strictly prohibited. Assuming the identity of a Tightvac Company representative during telephone conversations or emails is strictly prohibited.
           
Earnings (Back to top)
   
Any & all income generated by Tightvac sales that you - the affiliate receive is taxable income and is the sole responsibility of the affiliate to pay the proper authorities whether the Federal, State or Local Government. Tightvac is not responsible for paying any of the the taxes or fees which may incur from the affiliate program sales. These fees are the sole responsibility of the Affiliate.
           
Tightvac shall pay an Affiliate his/her Commission at the level specified for such Affiliate in his/her Affiliate account interface.
           
Tightvac reserves the right to vary Commissions at any time.
           
No Commission shall be payable to the Affiliate for any customers or transactions secured otherwise than in accordance with the terms of this Agreement and/or for any customers or transactions which are not genuine or which involve use of fraudulent means.
           
   
If Tightvac only becomes aware of the circumstances of such transaction(s) after Commission is paid, Tightvac shall be entitled to recover the full value of the Commission via any appropriate means including, but not limited to, deducting the amount from a future remittal of Commission.
   
   
Under such circumstances, Tightvac may also cancel this Agreement without notice and without penalty to itself, and may take any appropriate legal measures against the Affiliate for, inter alia, fraud and breach by the Affiliate.
           
No Commission shall be payable to the Affiliate for any customers or transactions that occur by visits made to the Tightvac Website by a link which is not the Link and/or by visits made to the Tightvac Website otherwise than via the Link even if those customers have followed the Link previously.
           
SPAMMING IS PROHIBITED! (Back to top)
           
   
The Tightvac definition of spam includes not only e-mail spamming, but most other forms of unsolicited advertising as well. Our ban on unsolicited advertising includes any quantity of recipients. Whether it is 1, or 1 million, it is prohibited.
           
   
The following forms of unsolicited advertising are considered spam and strictly prohibited by Tightvac:
           
     
Unsolicited commercial e-mail of any kind is strictly prohibited, even if it complies with the U.S.CAN-SPAM Act of 2003 ("Controlling the Assault of Non-Solicited Pornography and Marketing Act") and the anti-spam laws of all other jurisdictions;
           
   
Unsolicited instant messages;
           
   
Electronic newsletters of any kind;
           
       
This ban includes double opt-in newsletters, unless you receive prior written authorization from Tightvac;
           
     
Unsolicited postings on public forums such as newsgroups, message boards, chat rooms, instant chat programs, guest books, web pages, or any other public forum.
           
     
The only exceptions to this policy are:
           
       
Posting in public forums of which you are the 100% owner.
           
         
Posting in public forums where the owner has given you written permission.
           
         
Posting in public forums in the "business opportunities" forum, if applicable.
           
   
Tightvac does NOT pay on hits from spamming.
           
     
If Tightvac confirms you have promoted any of its products via any of the unsolicited advertising methods noted above, we will immediately invalidate all current sales and terminate your account without notice. Let us say it again for effect: IF YOU ARE CAUGHT PROMOTING OUR SITES WITH ANY FORM OF SPAM AS DEFINED ABOVE, YOUR ACCOUNT WILL BE TERMINATED, ALL AMOUNTS OWING WILL BE FORFEITED, and WE WILL PURSUE LEGAL ACTION. Tightvac has a zero tolerance approach towards violators of this policy.
           
       
This policy will be fully enforced regardless of the "status" of the affiliate. This policy will be applied equally to all, and compliance is mandatory for all affiliates - no excuses by violators will be accepted - no affiliate is considered too "new" to the program to understand this policy, and no affiliate is considered too "important" to respect this policy.
           
   
Why is Tightvac so strict with its anti-spam measures and enforcement of its anti-spam policy?
           
     
The reasons are simple. First of all, it is illegal. Secondly, we want you to be successful and make more money in the Tightpac program. Spamming equates to a poor gamble on minor short term gains at the expense of assured long term success.
           
       
Programs that condone spamming end up being blacklisted and relegated to bottom feeding with slow and unreliable web hosting options - low on speed and high on downtime.
           
       
We are able to secure top level, fast, reliable web hosting to serve our web pages and order pages to your productive, targeted audience because we have not sacrificed these privileges by hammering an unproductive and poor target audience with unsolicited marketing.
           
        Programs that condone spamming end up with product URLs, domains, and websites being content-filtered by block lists and anti-spam software, which means that critical e-mail such as Commission notifications, Affiliate newsletters, and order confirmations will not get through.
           
        If a website is deemed to be generating spam, third-party testing services, such as McAfee Site Advisor, can render a negative review of the website.
           
         
This can result in the denial of paid search term advertising.
           
   
If you have any questions about whether or not your marketing methods are banned by this policy, contact us BEFORE you start your campaign.
           
    Therefore, this policy is in the best interests of all Affiliates, is a commitment to your long term success, and ensures the Tightvac program will remain with integrity in the industry.
           
Time of the Agreement and Termination (Back to top)
           
This Agreement shall commence on the date on which you indicate that you have read, understood, and accepted these terms and conditions.
           
   
Checking the box for this purpose on the Affiliate sign-up page is full indication that you have read, understood, and accepted these terms and conditions.
           
Tightvac and you may terminate this Agreement at any time without cause, without notice, and without penalty.
           
Tightvac may immediately terminate this Agreement for cause if you:
           
   
breach any term or condition of this Agreement, unless Tightvac provides you express, written permission to remedy the breach, and you fail to do so within fourteen (14) days of notice of permission,
           
     
or
           
   
cease or threaten to cease carrying on business.
           
Upon termination of this Agreement for any reason, Tightvac shall de-activate the Link and the Affiliate will immediately:
           
   
cease carrying out all Promotional Activities;
           
   
cease to describe him/herself or promote him/herself under or by reference to the designation "Tightvac Affiliate," an "Affiliate of Tightvac," or any substantially equivalent designation;
           
   
cease use of the Intellectual Property and Advertising Material;
           
   
deliver up to Tightvac or, if Tightvac prefers, permanently erase or destroy as appropriate, all the Affiliate's Advertising Material, whether tangible or intangible, including source codes.
           
If this Agreement is terminated by Tightvac without cause, any Commission due to the Affiliate will be paid subject to any set-off, claim or deduction that Tightvac may have.
           
If the Agreement is terminated by Tightvac with cause, the Affiliate in question shall not be entitled to receive any Commissions accrued from and after the event, act, or omission that constitutes cause, whether or not the sales for Commissions have been completed.
           
Clauses of the Agreement relating to indemnity, limitation of liability, dispute resolution, status of the parties as independent contractors, confidentiality, and other clauses where indicated, shall survive expiry or termination of this Agreement.
           
Indemnity, Hold-Harmless, and Limitation of Liability (Back to top)
           
Without prejudice to any other right or remedy Tightvac may have vis-à-vis an Affiliate, the Affiliate agrees to indemnify and keep indemnified Tightvac (including their affiliates, directors, officers, employees, and agents) against any and all Liability and increased administration, professional, and legal costs on a full indemnity basis suffered by Tightvac (without set-off, counterclaim and/or reduction), or hold Tightvac (including their affiliates, directors, officers, employees, and agents) harmless, as the case may be, from and against and/or arising out of or in connection with any Liability in any circumstance including, but not limited to:
           
   
unauthorized use and/or infringement of the Intellectual Property or the intellectual property rights of third parties,
           
   
any breach of the Agreement,
           
   
any tortious act and/or omission,
           
   
any misrepresentation made in the Agreement,
           
   
any breach of statutory or regulatory duty; and/or
           
   
any Promotional Activities and all other activities of the Affiliate, whether or not the Liability was foreseeable or foreseen.
           
           
           
Tightvac shall have no Liability to the Affiliate for any:
           
    loss of profits and/or damage to goodwill;
           
   
pure economic and/or other similar losses;
           
   
special damages;
           
   
aggravated, punitive and/or exemplary damages;
           
    consequential losses and/or indirect losses;
           
   
loss and/or corruption of data;
           
   
business interruption, loss of business, loss of contracts, loss of opportunity and/or of production; and/or
           
   
legal, administrative, or regulatory action undertaken against the Affiliate, TIghtvac in connection with any aspect of the Tightvac program including, but not limited to, challenges to claims of Product efficacy.
           
If, despite the aforegoing, Tightvac is held liable to the Affiliate, Tightvac's total Liability to the Affiliate shall not exceed the sum of the Commissions actually paid to the Affiliate in the immediately preceding six (6) month period.
           
   
For the purpose of this clause, the relevant six (6) month period means the six (6) months immediately prior to the first act/omission giving rise to the Liability.
           
Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of (in any jurisdiction):
           
   
Liability in contract (including fundamental breach),
           
   
Liability in tort (including negligence),
           
   
Liability for breach of statutory duty,
           
   
Liability for breach of rule and/or regulation, and
           
   
Liability for breach of the common law.
           
Nothing in this Agreement shall exclude or limit the Liability of the Affiliate for fraud.
           
Each party acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement.
           
The obligations under this clause shall in perpetuity survive the expiry or termination of the Agreement.
           
WARRANTIES AND LIABILITY (Back to top)
           
TIGHTVAC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR THE TIGHTVAC WEBSITES OR THEIR AVAILABILITY OR FUNCTIONALITY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PURPOSE ARE EXPRESSLY DISCLAIMED AND EXCLUDED. THE AFFILIATE ACCEPTS THAT THE OPERATION OF THE TIGHTVAC WEBSITES MIGHT NOT BE ERROR FREE OR UNINTERRUPTED, AND THAT THE PRODUCTS MIGHT NOT PERFORM AS ADVERTISED FOR ALL CUSTOMERS. TIGHTVAC IS NOT LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE PERFORMANCE OR CONTENT OF THE TIGHTVAC WEBSITES, OR THE LACK OF PERFORMANCE OR SAFETY OF THE PRODUCTS OR ANY CONSEQUENCES OF THE ADVERTISING MATERIALS AND PRODUCT CLAIMS MADE BY TIGHTVAC.
           
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TORT, AND CONTRACT, SHALL TIGHTVAC, THEIR SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF TIGHTVAC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PRODUCTS' EFFICACY OR SAFETY, PROMOTIONAL ACTIVITIES, TRANSACTIONS, ADVERTISING MATERIAL, OR THE USE OF OR INABILITY TO USE THE TIGHTVAC WEBSITES OR ANY LINKS OR ITEMS ON THE WEBSITES OR ANY PROVISION OF THIS AGREEMENT OR THE TIGHTVAC AFFILIATE PROGRAM, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, ANTICIPATED PROFITS, LOST BUSINESS, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS.
   
Assignment (Back to top)
   
The Agreement is personal to the Affiliate and the Affiliate shall not assign, sub-contract, delegate, sell, transfer, mortgage, charge, place in trust, or dispose of any of its rights or obligations under the Agreement, unless permitted in writing by an authorized officer of Tightvac.
   
Tightvac shall have the right to assign, sub-contract, delegate, sell, transfer, mortgage, charge, place in trust, or dispose of any of its rights or obligations under the Agreement.
   
Your Relationship with Tightvac (Back to top)
   
Affiliates are independent contractors of Tightvac.
   
Nothing in the Agreement is intended or will be construed as constituting a partnership, agency, franchise, sales representation, employment, or joint venture relationship between Tightvac and the Affiliates.
   
Affiliates are not authorized to incur any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Tightvac.
   
Affiliates are not authorized to enter into or commit Tightvac to any agreements, and shall not represent themselves as having such authority.
   
Each Affiliate shall be solely responsible for paying all expenses she/he incurs.
   
Affiliates are solely responsible for paying all taxes on their Commissions.
   
No third party shall have the right to enforce any terms of the Agreement between the parties.
   
Confidentiality (Back to top)
   
All information conveyed to you by Tightvac or by administrators of the Tightvac program in furtherance of your affiliate work, shall be kept confidential by you from all third parties, except:
   
   
to the extent directly necessary to carry out Promotional Activities,
   
     
and
   
   
to the extent necessary to comply with an order of disclosure from officers of the law, a court of competent jurisdiction, or a government regulatory authority.
   
     
In such an instance, you shall first notify Tightvac of the order of disclosure, and shall cooperate with World Niche in the event that Tightvac elects to legally contest and avoid such disclosure.
   
The Link and the login and password to enable the Affiliate to access the Affiliate resource area provided by Tightvac are confidential and the Affiliate shall effect and maintain reasonable measures to safeguard them from access or use by unauthorized persons.
   
The Affiliate shall return to TIghtvac or, if instructed by Tightvac, shall destroy, all confidential information that is embodied in tangible or visible form, including all copies thereof.
   
The obligation of confidentiality shall continue and survive the Agreement for a period of five (5) years.
   
Entire Agreement (Back to top)
   
This Agreement, in its current form and as amended by Tightvac at its discretion, constitutes the entire agreement between the parties.
   
   
It supersedes any prior written or oral agreement between Tightvac and you.
   
Any promises, representations, warranties, usages, offers, customs, courses of dealing, or other communications are of no force or effect.
   
Waiver(Back to top)
   
No waiver by a party hereto of any breach of the Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
   
Any waiver shall be in writing and signed by an authorized officer of Tightvac.
   
Cooperation(Back to top)
   
Each party shall from time to time, at the other party's request and cost, do all such acts and execute all such documents and/or deeds that may be reasonably necessary in order to give effect to the provisions of the Agreement.
   
Amendments (Back to top)
   
Tightvac may amend the terms of the Agreement at any time.
   
Any and all amendments shall become effective upon Tightvac's initiation of transmission of notice to the Affiliates.
   
Notice will be sent to the Affiliates at the e-mail address on file with Tightvac for each Affiliate, and any other manner Tightvac deems necessary.
   
   
It is each Affiliate's sole responsibility to ensure that the e-mail she/he provided Tightvac is still functioning and checked regularly by the Affiliate.
   
Notice may consist in an advisory to review the Agreement, rather than in a transmission of the actual amendment.
   
Your continued participation in the Tightvac program signifies your full acceptance of any and all amendments.
   
Validity (Back to top)
   
If any part of the Agreement is held to be void and/or unenforceable, the remainder of the Agreement shall remain in full force and effect.
   
The parties agree that in the event of any such deletion, they shall negotiate in good faith in order to agree to terms of an enforceable obligation that is as close as possible to achieving the commercial aim of the deleted part.
   
The failure of the parties to agree such a replacement provision shall not affect the validity of the remaining part of this Agreement.
   
Expenses (Back to top)
   
Each party to the Agreement shall be responsible for paying its own costs and expenses incurred in connection with the negotiation, preparation, and execution of this Agreement.
   
Force Majeure (Back to top)
   
Neither party to the Agreement shall be liable to the other for loss, damage, detention, delay or failure to deliver and/or perform all or any part of its obligations under this Agreement as a result of a war, acts of God, fires, strikes, lock-outs, insurrections, riots, embargoes, unavailability of raw materials, wrecks or other delays in transportation, legal requirements, or regulations of any governmental authority.
   
Headings (Back to top)
   
The headings used in the Agreement shall not be used to for construction or interpretation of the Agreement.
   
Survival (Back to top)
   
Following the expiry or termination of this Agreement, whether by its terms, operation of law, or otherwise, the terms and conditions set forth, as well as any term, provision, or condition required for the interpretation of the Agreement or necessary for the full observation and performance by each party hereto of all rights and obligations arising prior to the date of termination, shall survive such expiry or termination.
   
Dispute Resolution (Back to top)
   
The parties hereto agree that they will first attempt to resolve any dispute between them by informal, direct, and good-faith discussions.
   
If such discussions do not resolve the matter, the dispute shall be resolved solely by binding arbitration and only arbitration.
   
   
 
FINALLY THE END