Affiliate terms and conditions.
Welcome to LowestRates.ca's affiliate program. The following terms and conditions apply to the participation of all affiliate partners of LowestRates.ca.
General Terms and Conditions
BY ENTERING INTO OUR AFFILIATE PROGRAM, THE AFFILIATE IS CONFIRMING THAT IT HAS READ THESE TERMS AND THAT IT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS ON THIS PAGE. IF THE AFFILIATE DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS ON THIS PAGE, IT SHOULD NOT PARTNER WITH LOWESTRATES.CA AS AN AFFILIATE.
1. True and Complete Information. The Affiliate represents and warrants that all information provided by the Affiliate in connection with becoming an affiliate of LowestRates.ca is true and complete. If LowestRates.ca determines that any information provided by the Affiliate is not true and complete, LowestRates.ca may immediately terminate the Affiliate's participation in the partnership.
2. Suitability of Affiliate Web Site(s). The Affiliate represents and warrants that neither its web site(s) ("Affiliate Web Site") nor any content or technology thereon (a) infringes on any third party's intellectual property, publicity, or privacy rights; (b) violates any law or regulation; (c) is threatening, defamatory, obscene, harmful to minors, or contains nudity or pornography; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (e) is materially false, inaccurate, or misleading; (f) promotes violence; (g) promotes discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (h) promotes the use of bulk email or spam; (i) promotes the use of pyramid schemes; or (j) promotes illegal gambling, sports betting or touting.
3. Content Usage Restrictions. The Affiliate represents and warrants that it shall not, except as specifically provided for and agreed to (i) copy or display any LowestRates.ca Content; (ii) modify, adapt, translate or create derivative works based on the LowestRates.ca Content; (iii) remove, erase, or tamper with any copyright or other proprietary notices in any copy of any of the LowestRates.ca Content; (iv) sell, market, license, sublicense, distribute, disclose or otherwise grant to any person any right or interest in the LowestRates.ca Content; or (v) take any action which may cause deception, confusion or otherwise dilutes the quality of the LowestRates.ca Content or the goodwill associated therewith. Upon termination of the Affiliate Agreement, for any reason, Affiliate shall immediately cease using, displaying or otherwise maintaining any interest in the LowestRates.ca Content.
4. Property Ownership Rights. Affiliate agrees and acknowledges that LowestRates.ca retain all rights, title and interest in and to all property rights embodied in or associated with the LowestRates.ca Content. Affiliate represents and warrants that Affiliate will not take any action challenging or otherwise inconsistent with LowestRates.ca's ownership of the LowestRates.ca Content and any benefits accruing from the use of such LowestRates.ca Content will automatically vest in the LowestRates.ca.
5. Trademark restrictions: Except and only to the extent specifically set forth in these Terms and Conditions, Affiliate shall not acquire any right to use the URL Mark or the name "LowestRates.ca": (a) in any advertising, publicity, or promotion including pay per click bidding or sponsored links for the "LowestRates.ca" trademark; (b) to express or to imply any endorsement of Affiliate's products or services; or (c) in any other way.
6. Independent Contractors and Relationships. All Affiliates are independent contractors; they are not employees of LowestRates.ca. Affiliates are responsible for their own federal, provincial, state, local or other taxes. Nothing in any Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
7. Responsibility for Affiliate URLs and Affiliate Participation. The Affiliate will be solely responsible for the development, operation, and maintenance of all URLs that are linked to the LowestRates.ca Web Site and for all materials that appear on such URLs. The Affiliate acknowledges and agrees that it shall be responsible for complying with the terms hereof.
8. Affiliate Indemnification. The Affiliate, at its own expense, will indemnify, defend and hold harmless, LowestRates.ca, its respective parents, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, affiliates, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of Affiliate's representations and warranties hereunder, (ii) the failure to comply with or perform any obligation or agreement of Affiliate hereunder, (iii) the Affiliate's Web Site(s) and/or any content, technology or other materials displayed or contained thereon, including but not limited to with respect to claims of infringement, (iv) Affiliate's failure or alleged failure to comply with any applicable law, and/or (v) any actual or alleged wrongful act of Affiliate.
9. Term of the Agreement. LowestRates.ca may terminate an Agreement immediately, without notice, if LowestRates.ca determines, in its sole discretion, that the Affiliate has breached the Terms and Conditions.
10. WARRANTY DISCLAIMER. LOWESTRATES.CA MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS WITH REGARD TO THE LOWESTRATES.CA WEB SITE OR THE OPERATION AND MAINTENANCE OF THE LOWESTRATES.CA WEB SITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF LOWESTRATES.CA ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IN PARTICULAR, LOWESTRATES.CA MAKES NO REPRESENTATION THAT THE OPERATION OF THE LOWESTRATES.CA WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION OF DAMAGES. LOWESTRATES.CA WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF LOWESTRATES.CA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LOWESTRATES.CA'S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY LOWESTRATES.CA TO AFFILIATE UNDER THIS AGREEMENT DURING THE PROCEEDING 12 MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.
12. Assignment. The Affiliate may not assign any of its rights or delegate any of its obligations, by operation of law or otherwise, without LowestRates.ca's prior written consent. Subject to that restriction, these Terms and Conditions will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
13. Waiver. LowestRates.ca's failure to enforce strict performance of any provision of these Terms and Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms and Conditions.
14. Governing Law and Language. All Agreements shall be governed by and interpreted and enforced in accordance with the laws of Canada.