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The following terms conditions required to participate in the eNsight Co., Ltd. ("eNsight") Affiliate Program network("the service")that eNsight offers to an affiliate partner (defined in Article 2) constitutes the entire agreement("this agreement").
Article 1 : Observance of Rules
All affiliate partners shall observe this agreement and rules to accompany this agreement. eNsight retains the right to refuse payment of commission charges for this agreement to any affiliate partner who violates any conditions contained herein, and terminate an affiliate partner registration as an affiliate partner without prior notice.
Article 2 : Definitions
With "this service", eNsight will provide advertisements to an affiliate partner by an arbitrary agreement at an interval agreed to with registered affiliate partners, and eNsight offers the structure to pay commission fees to an affiliate partner based on the effect of advertisement activities and performance.
An “affiliate partner” includes all websites that are operated by “an affiliate partner” using this service, to include all mirror sites.
Article 3 : Rejection of Service Offer
eNsight reserves the right to refuse payment of commission fees and cancel registration of any affiliate partner at anytime, without prior notice if the affiliate partner is determined to be unfit for the affiliate program. eNsight will make this determination based on standards and shall not be liable for any damages to any affiliate partner due to cancellation of this agreement.
In addition to the foregoing paragraph, affiliate partners that are found to operate sites that contain the following content or activities will be refused service offers in our companies affiliate program.
- Websites including contents in violation of general public order and morals
- A website which carries out an illegal activity or encourage users to do so, such as schemes as performing an illegal business such as a mouse scheme, multilevel and distribution ship
- A website which includes slander of eNsight, infringes on the honor of another person and slander a specific individual and group
- A website with contents violating the law or infringing intellectual property rights such as copyrights
- Contents are the websites where lack of foresight - a poor general view is strange
- Websites the advertising contents are locked by passwords and eNsight cannot access gratis at anytime
- A website that does not have space to carry an advertisements
- In addition, any website that that eNsight determines would not be a good affiliate partner
Article 4 : Approval of Contract
An advertisement publication contract shall be concluded when eNsight accepts an application from an affiliate partner to our companies service. However, it is the responsibility of the affiliate partner to decide which advertisements will be advertised on the affiliate partners website after acceptance to the affiliate program.
Article 5 : Service Guarantees
eNsight does not guarantee the service or is liable for any damages the affiliate partner might encounter from (i) computer viruses that might exist is the future that might affect the service (ii) any impact from security policies that might be affected in the future.
eNsight is not responsible for notifying the affiliate partner in advance when the following disasters occur which result in the suspension of part or all of the service. eNsight is not responsible for any damages or disadvantages for affiliate partners.
- When the all or part of the service or communication infrastructure is damaged or suspended due to natural disasters.
- When the all or part of the service or communication infrastructure is damaged or suspended due to hacker, cracker, or terrorist attacks from third parties.
Article 6 : Obligations and Verboten
An affiliate partner must not perform the following acts:
- Prohibition of changing advertisement source code
An affiliate partner must an image and advertisement phrases, and advertisement source code that eNsight offers to an affiliate partner through this service. In addition, an affiliate partner may not change the source code provided with the service and must not print the advertisement source code.
- Prohibition on certain words and phrases
Affiliate partners must not describe the words that are aimed to increase commission charges, and or misrepresent the advertisement through misleading descriptions aimed at imploring users to commit a fraudulent click act.
- Fraud
An affiliate partner must not display an advertisement illegally so that the affiliate partner or a third person gets commission fees generated by false clicks, or false order and false registrations.
- Advertisement Placement
eNsight can cancel service to affiliate partners without prior notice, and disable the affiliate partners account when a source code of advertisement in the following cases.
- Websites that are not registered with the service
- Affiliate partners provide advertisements from the service to third party sites that are not operated by the affiliate partner.
- Website where users access with a handheld unit such as i-mode, EZweb, the J - sky
- Prohibition of spam
An affiliate partner must not send spam, or unsolicited E-mail via E-mail, or advertise through postings to a bulletin board, as this type of advertisement is annoying to third persons.
- Canceled link due to advertisement expiration
An affiliate partner must cancel a publication of a link on an affiliate partner website when the advertisement publication period at eNsight has ended. In addition, affiliate partners need to be aware that in some cases eNsight find it necessary to discontinue or cancel a link without prior notification to the affiliate partner.
- An affiliate partner must not register false information. In addition, you must not change the information that you registered yourself with false information.
Article 7 : Non-disclosure
As a general rule, if an application for the service from an affiliate partner is refused, or the affiliate partner service is terminated, eNsight has no obligation to disclose the reasons behind such a refusal or termination, and the affiliate partner will have no claim to damages. In addition, eNsight will bear no responsibility for any disadvantages this decision may cause and affiliate partner or a third party.
Article 8 : Monitoring Duties
eNsight performs duties to monitor whether there are affiliate partner who uses this service in conformity with this agreement. If affiliate partners are found to be in violation of this agreement eNsight retains the right to suspend payment of part or all of the commission fees to the affiliate partner, and the affiliate partner agrees that there will be no grounds for compensation from any damages that might result from this action.
Article 9: Interruption or Termination of Service
eNsight shall notify an affiliate partner by eNsight website or through E-mail when eNsight has any scheduled maintenance to perform.
eNsight is not responsible for notifying the affiliate partner in advance when the following disasters occur which result in the suspension of part or all of the service. eNsight is not responsible for any damages or disadvantages for affiliate partners.
- When the all or part of the service or communication infrastructure is damaged or suspended due to natural disasters.
- When the all or part of the service or communication infrastructure is damaged or suspended due to hacker, cracker, or terrorist attacks from third parties.
Article 10 : Manager Responsibilities
An affiliate partner is responsible for good site management practices and ensure that the site in an appropriate state. In addition, affiliate partners are responsible for not performing any illegal acts described in this agreement.
Article 11 : Payment of Commission Fees
eNsight shall perform payment of commission fees to an affiliate partner. Commission fees paid to an affiliate partner by eNsight are tax-included amounts of money including a consumption tax. The payment from eNsight to an affiliate partner will be calculated by adding up commission charges(I say "commission fees net total" as follows.)once a month. However, in the case that the commission fees net total does not reach 5,000 yen, the amount will be accrued to the next month. eNsight shall perform the calculation of commission fees net total at the end of the month, and eNsight shall pay by the end of the following month. In the case that the last day of the month falls on a National Holiday or Weekend the commission fee will be transferred the next business day. In addition, the affiliate partner will pay for any bank transfer charges required for transferring the commission fee from eNsight to the affiliate partner.
Affiliate partner shall be able to receive payment of commission fees at the time of the service cancellation when the commission fees net totals balance is more than 1,000 yen.
Taxation of commission fees paid to an affiliate partner shall obey laws and ordinances such as the tax law.
Commission fees shall be calculated by every registered website.
In order to ensure prompt and accurate payment of commission fees from eNsight to an affiliate partner, the affiliate partner must be certain to follow Article 16 and 17 of this agreement.
Article 12 : Advertisement Publication Obligations
An affiliate partner must ensure that a minimum of 1 advertisement from eNsight is on the affiliate partner continuously, and an affiliate partner must try to contribute to an article about eNsight or sales promotion of service.
Article 13 : Cancellation of Registration and Service
eNsight shall retain the right to cancel an affiliate partner registration to the service without prior notice for any of the below reasons even if it is not written in other Articles in this agreement.
- When an affiliate partner violated even one of the items agreements
- If an affiliate partner, files for foreclosure or bankruptcy, or company corporate reorganization
- If an affiliate partner was behind with land tax and took a maintenance foreclosure
- When there the affiliate partner business license was suspended at the clearinghouse
eNsight shall not be able to register an affiliate partner who registration has been canceled based on Article 3, Article 6, or a foregoing paragraph again.
eNsight shall retain the right to cancel any affiliate partner registration with a one-month notice.
Article 14 : Agreement and Revision of Conditions
eNsight retains the right to revise any and all agreements without the consent of an affiliate partner. The new agreement after all revisions shall take precedent over all previous agreements.
Article 15 : Liability and Immunity
eNsight is not liable for any damage to the affiliate partner, or have any responsibility to compensate the affiliate partner for any damages that my occur during the use of this service.
Article 16 : Communications and Notices from eNsight
In using this service, the affiliate partner approves to receive communication and notices from eNsight by by E-mail.
Article 17 : Reporting and Application Information
An affiliate partner shall report the factual information to eNsight regarding reporting matters that eNsight has established separately in order to participate in this service.
If a change occurred in a company name, an address, the person in charge, a telephone number, an e-mail address, or an application for URL or an entry, an affiliate partner must report those changes immediately in eNsight. eNsight will not be responsible for a delay in payment of commission fees when an affiliate partner has not promptly reported changes that affect payment.
Article 18 : Change of Advertisement
An affiliate partner agrees that eNsight may change advertisement contents without prior notice.
Article 19 : Effect of Terms of Use
These Terms of Use produce effect about the registration application that eNsight received from an affiliate partner from a point in time when they sent out the effect that eNsight accepts for an affiliate partner.
Article 20 : Protection / Management of Information
eNsight observes a privacy policy of eNsight about protection of the data which caught an offer from a Web partner for a Web partner.
Article 21 : Governing Law
Japanese law shall be applied related to all aspects of this agreement, including effect, and interpretation.
Article 22 : Jurisdiction
When a dispute occurs among eNsight and affiliate, Tokyo regional court of law will be the exclusive jurisdiction.
Article 23 : Secret Information
eNsight and a affiliate partner must not leak any information that should be considered to be others secret in duties in sale in technology of the competition whom I got in conjunction with this service to the third person without consent by a prior document of an competitor.
This article shall remain in effect even if registration has been canceled.
Article 24 : Observance Obligations of Many Laws and Ordinances
An affiliate partner and shall obey this agreement and observes many laws and ordinances related to this agreement.
Effective as of September 1, 2006
If there are any questions in this "agreement", please contact our customer service by clicking here.
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