This agreement describes the terms and conditions for participation in the NAQ Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to NAQ Games. We are independent parties and this agreement will not form any partnership.

AGREEMENT DURATION

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Termination may happen at any time, with or without cause, with or without notice to Affiliate.

MODIFICATION

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral/commission fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

COMMISSION FEES

You will receive $5.00 of the revenue as a commission from any order placed through your Affiliate Link for each NAQ game purchased by your referral. You will also receive revenue by referring other web sites to join our NAQ Affiliate Program. If you refer other web sites, you will earn $2.00 for every NAQ game purchased on the One-payment option and $1.00 for every NAQ game purchased on the Two-payment option through their web site.

For a sale to generate a commission to an Affiliate, the customer must complete the order within 30 days. Commissions may be charged back if customer returns any NAQ Games. Affiliate commissions will only be paid on sales which are made through qualified Affiliates. 

Affiliates will receive checks monthly and will be mailed on the 15th for the prior month’s activity.  You must earn at least $75 before a check is sent to you.  For example, if you earn $50 one month and another $50 the next month, then you would receive a check for $100 on the second month. 

Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. If we have to stop payment on a check, there will be a $20 fee. We will not send any commission checks out expedited.

ORDERS PROCESSING

NAQ Games will be responsible for processing every order placed by a customer the Affiliate refers. Customers who purchase products and services through the NAQ Affiliate Program will be deemed to be customers of NAQ Games. Prices and availability of our products and services may vary from time to time. NAQ Games policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

ACCEPTABLE MARKETING TACTICS

Acceptable methods of marketing include banner ads, newsletters, word of mouth and confirmed opt-in email marketing. Affiliates are not allowed to use outbound telemarketing in the process of generating new leads. For door-to-door marketing, affiliates must be in full compliance to city/county and various municipal ordinances.

WEB SITE RESTRICTIONS

NAQ Games reserves the right not to accept any site into the NAQ Affiliate Program based on site content. Sites that Do Not Qualify for the NAQ Affiliate Program include sites such as sites that are:

• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Promoting illegal or questionable activities
• Violating intellectual property rights

SPYWARE AND OTHER PARASITES

The use of Spyware/Adware and other Parasitic Software as defined by NAQ Games or any of its partnered sites is considered malicious and unethical means for marketing and is strictly prohibited.  NAQ Games reserves the right to investigate the activities of an affiliate and to determine whether an affiliate is in violation of the Affiliate Agreement.  Violation of this policy will result in immediate termination of the relationship between the affiliate and NAQ Games with no refund or payment of commissions.

SPAM (UCE)

Unsolicited Commercial E-mail – NAQ Games in no way participates in mass unsolicited e-mailing (i.e. spamming) and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the NAQ Affiliate Program, with no refund.

COPYRIGHTS

The use of the images displayed on NAQ Games site by you, or anyone else authorized by you, is prohibited unless specifically permitted by NAQ Games. Any unauthorized use of the images or programming code may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. We reserve the right to terminate the use of content provided by NAQ Games to the Affiliate Sites at any time, especially if you are terminated, with or without cause. NAQ Games will own all right, title and interest in and to all information that is created or collected in the operation of the NAQ Games site.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the NAQ Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. Without limiting the foregoing, NAQ Games aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to Affiliate under this agreement.
This Agreement will be governed under California Law in Orange County, CA, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Orange County, CA, and you irrevocably consent to the jurisdiction of such courts unless NAQ Games, elects to use binding arbitration, at it's sole determination, as an alternative to formal legal process. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Affiliate is responsible for notifying NAQ Games of any malfunctioning of the Required URLs or other problems with Affiliate’s participation. NAQ Games will respond promptly to all concerns upon notification by Affiliate.

Affiliate agrees to abide by the NAQ Games privacy policy.

Affiliate agrees that it shall in no way engage in cyber squatting tactics. This includes but is not limited to domain squatting, trademark squatting and misspellings of trademarked names.

Affiliate agrees that they will not engage in any keyword bidding on NAQ Games trademark names, misspellings or similar spellings.
Affiliate agrees that they will not engage in any email activity that is not in accordance with the U.S. Federal Government’s Can Spam Act of 2003.

Affiliate agrees that they will not engage in any keyword bidding on the trademarked names of NAQ Games in an attempt to direct traffic to the Affiliates websites.

Affiliate agrees to not market any erroneous and/or unauthorized coupon codes. Affiliate will forfeit any commission/s earned through the use of unauthorized coupon codes via manual adjustment to the affiliate invoice at the end of each pay period.

By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

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