Terms and Conditions

By joining SelectiveMobile.com's ffiliate program, you agree to the following terms and conditions.

This agreement is between SelectiveMobile and the affiliate marketer (AFFILIATE) who has signed up with SelectiveMobile's affiliate program. SelectiveMobile and AFFILIATE are entering into a simple business agreement in the best interests of both parties. AFFILIATE and SelectiveMobile are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and 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.

AFFILIATE shall indemnify and hold SelectiveMobile harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will SelectiveMobile be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, SelectiveMobile aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. SelectiveMobile will own all right, title and interest in and to all information that is created or collected in the operation of the SelectiveMobile site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.

It is the full responsibility of AFFILIATE to market SelectiveMobile products in a legal, ethical and honest fashion and AFFILIATE agrees that SelectiveMobile will be held harmless from any and all actions of AFFILIATE and AFFILIATE marketing and promotional programs. Affiliate shall at all times comply with all local and Federal spam, fax broadcast and telemarketing laws. Any affiliate advertisement that does not comply with applicable local, state or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of the respective wireless carrier's trademarks, marks and names. Should action be brought against SelectiveMobile for such activity by Affiliate, Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to SelectiveMobile's legal costs for any alleged infraction of these laws. SelectiveMobile reserves the right to amend all pricing plans, commissions or conditions relative to this agreement SelectiveMobile reserves the right to terminate any affiliate with or without cause at the sole discretion of SelectiveMobile with or without notice. By joining the SelectiveMobile affiliate program, affiliate is tendering his/her personal guarantee of these terms and conditions.

Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.

The laws of the State of Virginia shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Fairfax County, VA should SelectiveMobile Wireless request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Fairfax County General District Court, VA.

UCE - Unsolicited Commercial Email
YOU WILL NOT SPAM. You may promote your affiliate link via the banners, text links, buttons, and other graphics on your website. You may promote to opt-in email lists owned by you (not rented). You may NOT promote to "harvested" emails. You may not promote using unsolicted commercial email of any kind nor by posting to newsgroups, forums, or other unsolicited areas. Please limit your advertising to websites owned by you and/or opt-in email lists owned by you. If your account is determined to have used unsolicited marketing, it will be terminated and all commissions will be forfeited.

Fraudulent Sales
Forged sales and applications by any means other than legitimate customers will result in criminal prosecution and forfeit of all commissions owed.

Account Approval and Termination
The term of this Agreement will begin upon the submittal and approval of your affiliate application and will end when terminated by either party. Either party may terminate this Agreement at any time. Commissions will be paid for sales that originate during the term. SelectiveMobile.com reserves the right to terminate your account if it is idle for more than 30 days.

Modifications
We may modify any of the terms and conditions of this Agreement at any time by posting a notice or new version of the agreement on our site. Modifications may include changes in commission rates and payout structure, payment procedures, and affiliate program rules. Upon any published modification, your participation in the affiliate program will constitute a binding acceptance of the change(s).

Personal Use Sales
Commissions earned on sales you make for personal use (you order a phone for personal use) will be held for 180 days from the date of activation.

Search Engine Submissions
You may not submit affiliate-branded links to search engines other than those that are explicitly made available to you in the affiliate login area.

False Representation
Affiliate is an independent entity and agrees not to falsely represent himself/herself as an employee, owner, or partner of SelectiveMobile.com. Further, affiliate agrees not to register or submit links to any website using an email address containing "SelectiveMobile.com". This practice misleads the website operator into believing that SelectiveMobile.com has registered with the website service.

Payments
As material consideration for the affiliate's marketing commitment, SelectiveMobile.com shall pay the affiliate for each Final Sale generated through the affiliate-branded link. A Final Sale means an order placed for a Product that results in SelectiveMobile.com receiving full and complete payment from the Customer for such a Product and does not result in a chargeback by the Supplier. Commissions charged back to SelectiveMobile by the Supplier for reasons of customer early termination will likewise result in a chargeback to the affiliate commissions. The chargeback period is 180 days from date of customer acquisition. Prepaid activations are not subject to chargebacks.

Pay Cycle
Once your accumulated commission reach over $100, a check will be cut and mailed 30 days after the end of the month for commissions earned during that month (e.g., your August commission check will be mailed by October 1st).

SelectiveMobile and the AFFILIATE have caused this terms and conditions to be executed on the date when the AFFILIATE join the program by clicking on the "Become an Affiliate" button.