| Affiliate
Links
BECOMING AN AFFILIATE
If you become an Affiliate, you will be allowed
to establish links from your web site to the My Heaven
Bali Site, pursuant to the terms of this Affiliate Agreement.
To participate in the MY HEAVEN BALI Affiliate Program
and become an Affiliate of the My Heaven Bali Site,
you must read and accept the terms of this Affiliate
Agreement. If you accept the terms of this Affiliate
Agreement, you will then have the opportunity to fill
out the Affiliate Application and submit it to us. We,
in our sole discretion, will determine whether your
site and any technology used by you to send us affiliate
transactions (each, a "Program") would be
a suitable affiliate site and will evaluate your application.
Not all applicants will become affiliates and not all
Programs will be approved. My Heaven Bali, in its sole
discretion, may deny any application for any reason,
including applications for sites that contain content
that could be classified as defamatory, harassing, harmful,
obscene, racially objectionable, or unlawful. After
our evaluation of your application, site and Programs
we will notify you via email of our acceptance or rejection.
We maintain the right, at any time during your participating
in the My Heaven Bali Affiliate Program, to re-evaluate
your site and any Programs used by you to send us transactions
and may, in our sole discretion, reject any site and
any Program for any reason. If, after initial approval
of your application, you begin using any new site or
Program, you will submit such site or Program to us
for approval and shall not begin using such site or
Program to send us transactions until such time as we
notify you of our acceptance thereof.
YOUR RIGHTS AND OBLIGATIONS
Link to My Heaven Bali Site:
We have the right, in our reasonable discretion, to
monitor your site and Programs to ensure that your links
to the My Heaven Bali Site are appropriate. If we decide,
in our sole discretion, that your links to the My Heaven
Bali Site are not appropriate, then we may either notify
you of any changes that we feel should be made, or we
may terminate this Agreement upon notice to you. If
we notify you of changes we desire you to make to your
site or Programs and such changes are not made immediately,
then we may terminate this Agreement upon notice to
you. You agree that upon our termination of this Agreement
you will immediately remove all links to the My Heaven
Bali Web Site from your web site or Programs.
You expressly agree to abide by all of the terms and
conditions of use related to each of the My Heaven Bali
Sites, including the Affiliate Interface.
Update Your Site:
The My Heaven Bali Site is updated frequently, and therefore,
to maintain the consistency and accuracy between the
My Heaven Bali Site and our Affiliates sites, you agree
to update the content on your site and any Programs
on a regular basis. All such maintenance and updating
of your site and Programs shall be at your sole cost
and responsibility. We may monitor your site and Programs
as we feel necessary to make sure that your site and
Programs are up-to-date and to notify you of any updates
to your site and/or Programs that we feel should be
made. If we notify you of changes we desire you to make
to your site and/or Programs and such changes are not
made immediately, then we may terminate this Agreement
upon notice to you. You agree that upon our termination
of this Agreement you will immediately remove all links
to the My Heaven Bali Site from your web site and Programs.
Do Not Copy the My Heaven Bali Site:
You agree that you will not copy, and that your site
will not resemble distinctive and particular elements
of our site. This includes, but is not limited to: graphics,
design, organization, presentation, layout, user interface,
navigation, trade dress, colors and stylistic convention.
You agree that the total appearance and impression substantially
formed by the combination, coordination and interaction
of such distinctive and particular elements, and any
derivative of these shall not create the impression
that your site is our site or a part of our site. You
will not frame any page in the myheavenbali.com web
site from within your site
Do Not Use Our Trademark:
As a condition to your acceptance and participation
in the Program, you shall not undertake or engage in
the following practices, and any violation of this Section
shall be deemed a material breach of this Agreement:
(a) Use or otherwise incorporate the words "My
Heaven Bali" or variations or misspellings in the
domain name of your Site
(b) Modify or alter the My Heaven Bali site in any way
(c) Make any representations, either express or implied,
or create an appearance that a visitor to your Site
is visiting the
My Heaven Bali Site; e.g.,
"framing" the My Heaven Bali Site
(d) Use "My Heaven Bali" as domain name, or
portion thereof, unless expressly and explicitly authorized
in writing
by "My Heaven Bali"
(e) Purchase or bid for placement of "myheavenbali.com",
or any variation or misspelling thereof, or the name
of any
My Heaven Bali-affiliated brand
or of any of My Heaven Bali's travel suppliers, within
any third party search engine
or portal, including but not limited
to AOL.com, Yahoo!.com, MSN.com, Google.com, netscape.com,
excite.com,
overture.com, ask.com, looksmart.com,
findwhat.com, inktomi.com, lycos.com, metacrawler.com
and altavista.com
(f) During the term of or after the expiration or termination
of this Agreement, use any mark, name or domain name
of
any type which is confusingly similar
to "My Heaven Bali" trademarks. Affiliate
keyword bidding on our trademark
or any variation or misspelling thereof
is prohibited. Affiliates found in violation of this
policy will be subject to
termination following a single email
warning. Affiliates are additionally prohibited from
bidding on competitor
trademarks and redirecting traffic
to the My Heaven Bali website.
Do Not Send Unsolicited Emails:
You must adhere to federal CAN-SPAM laws and any applicable
state laws in regard to distributing emails, including
all applicable privacy and data protection laws and
regulations. You shall maintain an opt-out list containing
every address that has opted out from mailings within
ten (10) days of any mailing. You will not send any
email to an address on its opt-out list or any address
contained on a list provided by My Heaven Bali to Affiliate.
All emails sent will include a valid opt-out mechanism
and a physical address. Do Not Divert My Heaven Bali
visitors You agree that you will not employ any technology,
including, but not limited to, pop-ups, pop-unders and
pop-overs, to serve messages to customers on the My
Heaven Bali website or on My Heaven Bali-branded pages
on a third-party website, designed to divert shoppers
away from the site they are currently on. Additionally,
you will not employ any technology that forcefully redirects
a customer away from the My Heaven Bali website or an
My Heaven Bali -branded page on a third-party website.
Do Not Utilize Spyware You agree not to use Spyware
in any of your marketing activities, as My Heaven Bali
considers Spyware to be a threat to consumer privacy.
"Spyware" refers to types of marketing software
programs that collect information about a consumer's
Internet activities and share that information with
a third party, often without the user's consent or knowledge.
Spyware may gather personally identifiable information,
such as e-mail addresses and credit card information,
and may even alter personal computer settings. |