TrackPerfect.com, LLC. Affiliate Program
Terms and Conditions
(Last Update: 05/07/2008)

By selecting the “I Agree” button below and proceeding to the registration page for the TrackPerfect.com, LLC., Affiliate Programs as described herein, you are entering into a valid and binding legal “Contract” with Trackperfect.com, LLC. (“Trackperfect”) as indicated below. You signify and guarantee that you are over the age of eighteen (18) and you are authorized to enter into this Contract. Please read these Terms and Conditions carefully. All of the terms and conditions of the legal Contract are below. These terms and conditions govern your participation in any and all Affiliate Programs of Trackperfect. Trackperfect may elect to accept or reject your application for any reason at its sole discretion.



DEFINITIONS

In order to better understand this contract, the terms below will have the following meanings:

* Click through: An action by a user selecting an advertiser’s hyperlink from an affiliate’s site that occurs when the user clicks on a Trackperfect paying advertiser’s hyper-link.
* Affiliate: The name of the company, individual, partnership, corporation or other entity provided in the registration form that delivers search traffic for compensation to Trackperfect and its family of businesses.
* Search: When a user enters a query in a search box or clicks on a sponsored text link on a Trackperfect affiliate’s website and is supplied with a result list of one or more advertiser’s hyperlinks.
* Advertiser: An individual or any other entity seeking to promote their website by bidding on relevant keywords or adjunct categories.
* Payable Click Through: No matter where the click through generates from; search box, Private Label, XML (Interspersing) or Javascript we only pay when a paid listing/advertiser website is visited.
* Valid Click Through: Whether a click through is valid or not is determined by several fraud detection factors that indicate whether a user was motivated in clicking on a website listing for the mere purpose of being compensated financially. Means to detect fraud consist of several factors including but not limited to: affiliate traffic, condition counters, and several ratios that compare specific affiliate searches and click throughs to the rest of Trackperfect affiliates.
* Search Program: The affiliate installs on the website a Trackperfect search box that does not reflect any Trackperfect affiliation. The purpose of the search box is to provide search results to users who conduct a search, whereby the search box can be customized by the affiliate to reflect the “look and feel” of the website and the identification of the affiliate. The search results will appear as if they were produced from the affiliate’s database, when in reality the results are produced directly from the database. The affiliate receives compensation when the user selects, clicks and visits the paying advertiser’s website in accordance with the rules and conditions set forth in this agreement.
* Spam: Any unsolicited email by an affiliate using Trackperfect's name or results.
* XML Format: A software program that allows Trackperfect to send its search results to an affiliate in a consistent fashion with regard to format and data.



TRAFFIC

* All traffic to your website is measured by an independent traffic measuring methodology similar to the AC Nielsen TV ratings. This system follows several thousand surfers to build a statistically relevant sample to determine the approximate number of visitors to your website. Thus, if the traffic that you are asking to be compensated for is not typical of the traffic for your website (based on the above measuring system), you will not receive any compensation from Trackperfect, unless you can provide Trackperfect with sufficient data that supports the unusual traffic.

* To protect our advertisers, Trackperfect does not accept affiliates located in non-English speaking countries, even if the web pages are written in English.

* No more than 25 percent of the traffic may originate non-english speaking countries.

* Only websites owned, run and operated by citizens or legal resident in the following countries will receive payment: Australia, Canada, New Zealand, Ireland, United Kingdoms and United States.

*Traffic from the following IP groups will not be accepted;
- 61.xxx.xxx.xxx
- 202.xxx.xxx.xxx
- 203.xxx.xxx.xxx
- 210.xxx.xxx.xxx
- 211.xxx.xxx.xxx
- 218.xxx.xxx.xxx

* Genuine searches up to 100 per month per person are accepted.

* Repetitive searches to the same search term are not acceptable.



FRAUD

* If fraud is detected, your service with Trackperfect will be terminated and you will be fully responsible for any damages to Trackperfect resulting from your fraud or fraud from your affiliated partners, including but not limited to: Loss of revenue, damage to our name/good will, loss of profit and forfeiture of your monies due to you as a result of the fraud.

* Above all it must be clear that out of the ordinary traffic is not compensated for any of our services. All traffic to your pages is measured by an independent traffic measuring methodology similar to AC Nielsen TV ratings using several thousand surfers that are followed to build a statistically significant sample to calculate a nearly exact number of visitors to your pages.

* Affiliates are not allowed to offer surfers any incentives (either directly or indirectly) to visit their website, to search or to click in an effort to increase earnings. The use of such incentive programs (e.g. Pay-to-Surf, Pay-To-Read, Traffic Exchanges, Safe-Lists, etc.) is strictly prohibited. If such activity is found on your website, your account will be terminated and you will not receive any compensation from Trackperfect.

* All websites that install our services are subject to approval.

* Definition of a payable search: A search to be completed and earn a commission is define to include the surfer visiting at least one website from the search return list, the visited site does not need to be a paying advertiser.

* Trackperfect may decide not to do business with you for any reason whatsoever.

* Some means to detect fraud may consist of traffic and condition counters and ratios that compare you to the rest of our clients. Results may result in the cancellation of service and the forfeiture of payments due to you.



FOREIGN LOCATED WEBSITE AND NON-ENGLISH PAGES

Installation of Trackperfect services in non-English speaking countries, foreign owned websites, or pages in foreign languages is not permitted.

* Trackperfect does not accept affiliates located in non-English speaking countries, even if the website pages are written in English.

* The server, the owners, the managers or the company may not be located in a non-English speaking country. Additionally, more than 25% of the traffic may not originate from those countries.



MONETARY PAYMENT

* Trackperfect affiliates in good standing that follow all Trackperfect terms and conditions will have payments issued if the accumulated amount is $25 or greater. If earnings do not reach $25 at the time we issue the monthly payment, the earnings due to you are rolled over for the following period until the minimum payment is reached.

* Payment cycle: Affiliate commissions are issued by the 20th of each month. Delivery of commissions is done worldwide using the PayPal System to the email address provided by you. We are not responsible if the Commissions are deposited into the wrong Paypal accounts.

* Upon cancellation of service, any fraction due below $25 will be forfeited. Amounts above $25 will be returned to you.

* We do not do business or send payment to any company, with management, website, or web server located in a non-English speaking country.

1. Provided that you have complied with the terms of this Agreement, you will be paid a commission of at least 85% from the total revenue generated by us from your parked domain(s) excluding any traffic that we deem to be fraudulent. This commission will be paid in U.S. Dollars (USD) if it exceeds the minimum amounts set forth below. The payment options are PayPal or check. For PayPal and direct deposit the minimum payout is $25. Checks the minimum payout is $100. You may set a higher minimum payment amount in your account. In the even that you select a higher minimum payment you will not receive payment until you reach the designate minimum amount.
2. Prior to receiving payment you must have provided us with correct payment information and completed a verifiable form W8 and form W9 requirements for tax reporting.
3. If you have an account with us and referrer other people who open their own account with us, you can receive a commission of at least 5% of what each of those people earns, aslong as your account remains active. There is no limit to the number of people you can refer to us. You will receive a referral code from the referral section inside your account.
4.Incorrect Payments; We will not pay any commissions until the next payment due date after we confirm payment was not received by you and you have corrected all problems with incomplete or incorrect payment information



LOW QUALITY TRAFFIC

* If Trackperfect determines that it has received low quality or fraudulent traffic from any Affiliate as measured by our proprietary Traffic Analysis System and manual reviews, we reserve the right to issue our Advertisers a retroactive (as far back as 90 days) refund for that traffic. These refunds will result in the loss of future Affiliate commissions for those clicks that are deemed to be low in quality and/or fraudulent.



SECURITY

* Mechanically-generated traffic or traffic generated purposely with the intent to gain additional exposure are grounds for forfeiture of any amount due to you and cancellation of your account.

* We use several methods to count traffic to a website and know from experience the ratio of the number of searches or clicks on Pay-Per-Text compared to page exposures. Unlikely comparisons are grounds to forfeit any payments incurred and cancel services.

* We use cookies to extensively check our traffic. Any unusual lack of cookie use by client users will be grounds for the cancellation of services.



SPAM

* Trackperfect does not condone the use of SPAM. Unsolicited email generated by affiliate websites naming Trackperfect and/or 7Search.com as a partner is grounds for deactivation of an account.



AFFILIATE ARBITRAGE

In general, arbitrage is the practice of purchasing clicks from Pay Per Click Search Engines at a low cost per click for the sole purpose of redirecting those clicks to higher cost Pay Per Click listings. Using arbitrage to generate clicks on Trackperfect listings often results in traffic that is below our traffic quality standards.

In order to protect our advertisers, and to ensure that they receive only the highest quality traffic possible, please be aware of the following:

* Affiliates are strongly discouraged from using paid advertising to drive traffic to pages that show Trackperfect ads in order to earn revenue. Those engaging in “arbitrage” as it is commonly known, risk forfeiting any generated earnings and may have their accounts permanently banned.

* All new affiliate accounts will be monitored and reviewed by our proprietary Traffic Analysis System in order to evaluate traffic quality. During this time, your account may not earn a commission on all clicks.

* Accounts that are found to be sending low quality traffic purchased through other PPC networks will likely NOT be compensated for this traffic.

* Trackperfect reserves the right to permanently deactivate any affiliate account that is sending traffic that is of low quality based on Trackperfect's proprietary traffic quality standards. These standards are often much more stringent than other PPC networks.

* Any type of incentivized traffic (e.g. Pay-to-Read, Pay-to-Surf, etc), even if it originates from traffic purchased on another PPC network, is prohibited and will result in permanent deactivation of the affiliate account.



GENRAL

* The Program reserves the right to terminate any agreement immediately, without notice, at their discretion at any time for any reason.

* Upon termination of this agreement and/or your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Program. Trackperfect is under no obligation to maintain any such data or information.

* Client will not attempt to solicit any of Program's advertisers during the term of this Agreement and for one year after termination of this Agreement.

* You are responsible for regularly reviewing this Agreement.



INDEMNIFICATION

* AFFILIATE INDEMNIFICATION: Affiliate shall defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against 7Search, which would constitute a breach of any warranty, representation or covenant made by Affiliate under this Agreement; provided that Trackperfect promptly notifies Affiliate in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to Affiliate at Affiliate's expense and with Affiliate's choice of counsel. 7Search shall cooperate with Affiliate, at Affiliate's expense, in defending or settling such claim. Affiliate will not enter into any settlement or compromise of any such claim without 7Search's prior consent, which shall not be unreasonably withheld.


FORCE MAJEURE
* Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, terrorism, governmental action, or any other cause that is beyond the reasonable control of such party.