Policies & Terms

The following terms and conditions, together with all Acceptable Use Policies referenced herein ("AUP"), constitute a binding legal agreement (this "Agreement") between ArcadeAffiliate ("Company" or "ArcadeAffiliate.com" or "We") and you ("You" or "Your"), the user of the ArcadeAffiliate website (the "Website") and the ArcadeAffiliate ("ArcadeAffiliate.com") advertising network service (the "Service" or "Program"). You and Company may also be individually referred to herein as a "Party" and collectively as "Parties." You agree to use the Website, the Service and any additional products and/or services offered by Company in the future only in accordance with this Agreement. Company reserves the right to make changes to the Website, the Service and the terms and conditions of this Agreement at any time. The latest Agreement will be posted on the Website. Your continued use of the Website and/or the Service after any such modification and notification thereof shall constitute Your consent to such modification. Therefore, You should regularly check the Website for updates and/or changes. This Agreement applies to and governs Your relationship with Company in all matters including, without limitation, your participation as a Publisher/Advertiser in connection with the Service. For purposes of this Agreement "Publisher/Advertiser" means You and/or the company or entity registering with ArcadeAffiliate and, without limitation, any parent entities, owners, subsidiaries, affiliates, predecessor or successor entities, and any agents, officers, directors or employees acting on behalf of same. If You do not agree to the terms and conditions contained within this Agreement in their entirety, You are not authorized to register as a Publisher/Advertiser, or use the Service and/or Website in any manner or form whatsoever.



1. Use of this website and service

Qualifying Sites:
ArcadeAffiliate.com reserves the right to not accept any applicant we see fit. There are several guidelines for approval below are just a few things your site must adhere to.
Your site must not promote or contain any adult or illegal content.
Your site must be in english only.

Minimum Quality:
We are constantly reviewing sites for overall network quality. If you are sending below average quality we may suspend the site in question or possibly your account without prior notice.
Your site must be in good working order at all times while showing our ads. Pages that are under construction should have our ads removed until the work is complete.

Ad Conditions:
Banners must not contain any adult or misleading content.
We do not allow flash or html for the security of our members and their users.
You must not incentivize the clicking of ads by your users in any way.
You must not click on ads displayed on your site by us at any time for any reason.

Ad Placement:
Banners must be placed in a visable section of your arcade website and nowhere else.
Any website that requires exsessive side scrolling to see the banners or any other placement that is not seen by most visitors of your site may result in a warning, account suspension or termination.
You are allowed to place up to but not more than two (2) of our banner codes on any one page of your site providing that at least one of them is near the top of your site.

Cheaters:
We have many processes in place to catch cheaters so save everyones time and don't bother even trying.
If you are found to be cheating your account will be removed quickly. (Before you can benefit from your efforts.)



2. Payment

(a) You will be paid a "Percentage Fee" of 65% of the advertisers cost per click unless otherwise specified.
The Percentage Fee is paid on a default schedule of up to thirty (30) days after the last day of a given calendar month, for all the Events realized in that month. All payments are based on actual figures as defined, accounted for and audited by Company. All accounts will be paid in US dollars. No payment will be issued for an amount less than fifty dollars ($50) for PayPal payments. If Your account contains less than this amount your balance will be carried over to the next month until Your account reaches the $50 mark.

(b) Publishers who refer a new publisher to Company may be eligible for a "Referral Fee." The referred publisher must be accepted by the Company. You may not refer another account belonging to You. You may not refer a publisher you have referred previously. The default Referral Fee is five percent (5%) of funds added by the referred advertiser. The Referral Fee will be paid to Your Advertiser account immediately after the referred advertisers payment has been sucessfully processed.


3. Termination

This Agreement shall commence upon Company's acceptance of Your Publisher/Advertiser application and remain in effect until terminated as set forth herein. This Agreement may be terminated by You upon three (3) days' prior written notice to Company. This Agreement shall terminate immediately upon the dissolution or insolvency of either Party. Company reserves the right, in its sole and absolute discretion, to terminate and/or remove any Creative and/or Campaigns at any time for any reason. Company also reserves the right to terminate this Agreement, as well as Your access to the Website and/or any other Company Intellectual Property at any time with or without notice to You. Where Company decides, in its sole discretion, to provide You with termination notice, such notice will be sent via e-mail and will be effective immediately. All legitimate moneys due to Publisher that are actually collected from the applicable Advertiser, even amounts below the Payment Threshold, will be paid during the next billing cycle. If Publisher commits fraud in connection with the Service and/or any Ad(s)/Campaign(s), or otherwise violates this Agreement, the Privacy Policy or the AUP, then such payments otherwise due Publisher shall be revoked, as determined solely by Company. Other than in the case of Your breach of this Agreement, all payment obligations accruing prior to the date of termination shall survive until fully fulfilled.


4. Customer Information; Non-Disclosure

All information submitted by end-user customers ("Customer Information") shall be considered proprietary to and owned by Company and/or other partners. Such Customer Information is confidential information of Company and may not be utilized or otherwise disclosed by You. Without limiting the generality of the foregoing, as well as the confidentiality obligations set forth herein, You agree that You: (a) will not transfer, export, display, forward or otherwise share data contained in the Customer Information to/with any third party; (b) will not use the data contained in the Customer Information on Your own behalf in any manner not expressly authorized by Company; (c) will not publicly display the data contained in the Customer Information on the Internet; and (d) will notify Company as soon as You learn of any actual or suspected unauthorized use of or access to the data contained in the Customer Information and provide reasonable assistance to Company in the investigation and prosecution of any such unauthorized use or disclosure. In addition, You acknowledge that all non-public information, data, reports and other Company Intellectual Property made available by Company hereunder or otherwise as part of the Services is proprietary to and owned by Company. All Company Intellectual Property and other proprietary and confidential information is protected by copyright, trademark and other intellectual property laws. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any Company Intellectual Property and other proprietary or confidential information of Company in any manner. These non-disclosure obligations shall survive termination or expiration of this Agreement. Both Parties agree and acknowledge that if Publisher/Advertiser violates its confidentiality obligations under this Agreement, it would result in serious and irreparable damage to Company and that a remedy at law for any such breach would be inadequate. Therefore, the parties agree that in the event of a breach or threatened breach of these provisions by Publisher, Company shall be entitled to: (a) injunctive relief without the requirement to post a bond; (b) liquidated damages in the amount of Fifty Thousand Dollars ($50,000.00); and (c) any other remedies that Company may have at law or in equity.


5. Limitation of Liability; Disclaimer of Warranty

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH YOUR MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, OPERATION OF A PROGRAM, ADVERTISERS' UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY CREATIVE OR OFFERS ON OR THROUGH YOUR PUBLISHER WEBSITES AND/OR PUBLISHER E-MAILS AND/OR ANY OTHER COMPANY INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM AGGREGATE LIABILITY TO PUBLISHER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE FIVE HUNDRED DOLLARS ($500.00). PUBLISHER RECOGNIZES AND ACKNOWLEDGES THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE.

THE SITE, CREATIVE, OFFERS, PROGRAMS, ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES, INFORMATION, CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER’S USE OF, OR INABILITY TO USE, THE SITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS OR SERVICES AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT PUBLISHER’S USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO PUBLISHER. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND PUBLISHER. THE SITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS’ UNDERLYING PRODUCTS AND SERVICES WOULD NOT BE PROVIDED TO PUBLISHER WITHOUT SUCH LIMITATIONS. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, CREATIVE, OFFERS AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PUBLISHER FROM COMPANY THROUGH THE SITE, CREATIVE, OFFERS AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Top of page.

THE WEBSITE, CREATIVE, OFFERS, PROGRAMS, ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES, INFORMATION, CONTENT AND SERVICES, AS WELL AS ANY OTHER COMPANY INTELLECTUAL PROPERTY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES, AS WELL AS ANY OTHER COMPANY INTELLECTUAL PROPERTY, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY HAS NO LIABILITY, WHATSOEVER, TO PUBLISHER OR ANY THIRD PARTY, FOR PUBLISHER'S USE OF, OR INABILITY TO USE, THE WEBSITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS' UNDERLYING PRODUCTS OR SERVICES, AS WELL AS ANY OTHER COMPANY INTELLECTUAL PROPERTY, AND COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT PUBLISHER'S USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO PUBLISHER. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND PUBLISHER. THE WEBSITE, CREATIVE, OFFERS, PROGRAMS AND/OR ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES, AS WELL AS ANY OTHER COMPANY INTELLECTUAL PROPERTY, WOULD NOT BE PROVIDED TO PUBLISHER WITHOUT SUCH LIMITATIONS. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE WEBSITE, CREATIVE, OFFERS AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PUBLISHER FROM COMPANY, ANY ADVERTISER, OR OTHERWISE THROUGH THE WEBSITE, CREATIVE, OFFERS AND/OR PROGRAMS, AS WELL AS ANY OTHER COMPANY INTELLECTUAL PROPERTY, SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT


6. Indemnity

You shall indemnify, defend and hold Company, its Advertisers, their parents, affiliates and/or subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, allegations, liabilities, costs and expenses (including reasonable attorneys' fees and the cost of indemnifying third parties) arising out of or related to: (i) Your improper use of the Website, Creative or any Offer; (ii) Your improper operation of a Program; (iii) any third party claim related to Your Publisher Websites, Publisher Databases, Publisher E-mails and/or Your marketing practices; (iv) any content, goods or services offered, sold or otherwise made available by You on or through Your Publisher Websites, Publisher E-mails or otherwise; (v) any claim that Company is obligated to pay any taxes in connection with payment made to You in connection with this Agreement and/or any Program; (vi) breach or violation of this Agreement and/or any representation or warranty contained herein; (vii) the acts and/or omissions of any Sub-Publishers (as defined below); and/or (viii) Your use of the Services, in any manner whatsoever. Company shall indemnify, defend and hold You harmless from and against any and all claims allegations, liabilities, costs and expenses (including reasonable attorneys' fees) by third parties arising out of any actual infringement of intellectual property rights resulting from Your display of the Creative provided in connection with any Program.