Terms and Conditions
Please contact us at email@example.com with any questions regarding this agreement.
This website and any other URLs and websites administered by SellFire and its affiliates (collectively, the “Website”) are offered by SellFire and its affiliates (collectively, “SellFire” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Service"). The terms "you" “your” and "user" refers to all individuals and entities that access the Website(s).
I. General Information
- SellFire, as the owner of this Website, has developed the services (in the following known as “the Service”) to provide internet affiliate marketing assistance by giving users tools that allow them to find, merchandise, deploy, and monitor advertisements for their online businesses/domains. SellFire provides ready access to content to enable the simple creation of your affiliate storefront, but SellFire does not own, supply, host, manager or otherwise control the content or operation of any “storefront” and has no affiliation with the products, materials, or content available through the Services. Your rights to display such content will be between you and the third-party with whom you affiliate. The Service is available at the Website. These services are available to individuals eighteen (18) years and older and registered entities.
- All actions that occur under your account, with or without your knowledge, are your own responsibility.
- We reserve the right to cancel this agreement and our Service on an individual basis.
- SellFire reserves the right, in its sole discretion, to refuse Service or access to the Website to any user, or to delete accounts created by users, for any reason whatsoever.
- If this agreement is terminated by SellFire or by you for any reason, you agree to remove SellFire code from all of your web sites, computers, handheld devices and other items.
- You agree to NOT use the Service in any way that violates the terms of this agreement and you do NOT try to overcome limitations imposed by our Service or your type of user account.
- If you would like to request additional information regarding these Terms of Service, please contact us at firstname.lastname@example.org.
- Registered users may choose to receive correspondence from us regarding our Service or the Website. You may opt-out of receiving future mailings as part of the registration process or at any time thereafter.
III. Prohibited Uses of SellFire
As a condition to your use of this Website and the Service, you agree not to:
- Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
- Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another's rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Reverse engineer, decompile or disassemble any of the software used to provide this Website or the Service and/or resell or redistribute the Service, or any part of the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service, including, but not limited to, altering affiliate IDs including in the hyperlinks created by the storefront;
- Interfere with or disrupt this Website or the Service, or any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Obtain, collect, store or modify the personal information about other users, to harass or stalk any user or member of the Website in any way;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Website or download data from the Website. SellFire reserves the right to block automated programs that do not comply with these restrictions;
- Upload, email, transmit, or post any content encouraging illegal activity or racism, hate speech, incitement of hate; or
- Upload, email, transmit or post any other content that SellFire deems to be inappropriate
- SellFire reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SellFire may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that SellFire has no obligation to pre-screen or monitor your access to or use of this Website or the Service or any information, materials or other content provided or made available through this Website, but has the right to do so for the purpose of operating this Website and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that SellFire may, in the exercise of SellFire's sole discretion, remove or delete any postings, information, materials or other content that violates these Terms or that is otherwise objectionable;
IV. Intellectual Property
- Except for user or third Generated Content, the Website and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by SellFire or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain SellFire’s intellectual property and proprietary information. You may not reproduce, reverse engineer, translate, distribute, modify, amend or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website except as necessary to view the content on the Website and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted by SellFire to you are retained by SellFire.
- All trademarks and copyrights used, implied, or stated in or by the Service belong to their respective owners. SellFire does not lay claim to any trademarks or copyrights of the materials which users pass through the Service. If you believe the Website or a user of the Website is infringing upon your trademark or copyright, please contact us here email@example.com with the below information.
DMCA/IP Notification Policy
To notify SellFire of infringing or unlawful content, please provide SellFire with the following information:
- Your name, address, telephone number and e-mail address;
- A description of the exact location on the Website of the infringing or unlawful content;
- A description of the claimed infringing or unlawful content, specifying which parts you belief infringe or are unlawful and which parts you believe should be removed;
- In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
- In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
- A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.
- SellFire takes such notices very seriously. We will evaluate the provided notice and if appropriate based on our sole discretion notify our vendors and users of your claim and/or remove accounts or disable access to the Service. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
- SellFire may be notified of claims of intellectual property infringement by emailing the above requested information to firstname.lastname@example.org
- Because SellFire allows content to be posted from third parties and third party websites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if you believe your copyright has been infringed by a SellFire vendor or a user posting content from a third party website, we strongly suggest you contact the vendor, third party or third party site directly and request the allegedly infringing material be taken down.
- To notify SellFire of infringing or unlawful content, please provide SellFire with the following information:
- Your use of the Service provided is at your own risk.
- Our Services are released “as is” and are offered on an “as available” basis. We give no guarantees for the operation of the Website and by its use you indemnify SellFire of any legal responsibility.
- SellFire is not responsible for any malfunctions, problems, issues, delays, down-time or bandwidth problems of any sort or kind that may or may not be encountered due to using our Service. You acknowledge that SellFire may establish limits concerning use of the Website. You agree that SellFire has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on/through the Website. SellFire reserves the right at any time to modify or discontinue the Service or Website (or any part thereof), with or without notice, and that SellFire shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Website.
- SellFire is not liable for damages, direct or consequential, resulting from your use of the Service, any failure to provide Service, suspension of Service, or termination of Service, including, without limitation, any lost profits, business interruption, loss of programs or other data.
- You agree to indemnify and hold SellFire and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from any and all losses, liabilities, damages and costs arising from any claims related to: (a) your use of the Website; (b) your violation of the Terms of Service; and (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website.
- SellFire does not guarantee the availability of the Service. You agree not to hold us responsible for data loss or interruption of our Service of any kind. You acknowledge that from time to time the Service or the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of SellFire or which are not reasonably foreseeable by SellFire. SellFire does not warrant that the function of the Service will meet your expectations of site traffic, downloads, click-throughs, or resulting business. In no event will SellFire be liable to the user or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operating of or inability to operate any web pages, links, a website, an application, or other Service developed and/or implemented by SellFire for any reason whatsoever, even if SellFire has been advised of the possibility of such damages.
- SellFire does not/cannot verify, endorse or vouch for the information, ads, banners, articles, or content that are available through the Website. All content is created by unaffiliated third parties. We are not responsible for the accuracy, reliability, effectiveness, or correct use of content information or source information provided by third party sites that you receive through the Website. Similarly, SellFire is not responsible for and cannot verify, endorse, or vouch for any information or content on the site including listings, links, messages, advertisements and reviews.
- You understand that all postings, listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Website are the sole responsibility of the person or organization from whom such Content originated. You also understand that SellFire does not control and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
- Furthermore, the Website and Content made available through the Website may contain links to other web sites that are completely independent of SellFire. SellFire makes no representation or warranty as to the functioning and privacy, or accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will SellFire be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Website
- You are also fully responsible for any Content you post or create on the Website and for the consequences of any such Content. You understand and agree that any uploading or posting will be at your sole risk and SellFire shall not be responsible to you in any way. Further, SellFire does not provide any warranty as to your use of third-party content or software that you obtain from the Website. You acknowledge that SellFire does not pre-screen or approve Content, but that SellFire shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of these Terms or for any other reason.
- You agree that by posting Content on/through the Website, you automatically grant, and you represent and warrant that you have the right to grant, to SellFire an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content for marketing and promotional purposes, and to grant and authorize sublicense of the foregoing. You also understand and agree that SellFire, in its sole discretion, may delete any Content for any reason
- SellFire is in no way legally or morally responsible for the types of uses or websites or news that our users present on their websites. SellFire is not responsible for users presenting copyrighted or otherwise illegal materials on their websites
- SellFire allows the use of third party widgets on websites utilizing the Service but does not warrant the functionality of the Service in conjunction with these widgets and is in no way responsible or liable for any actions pertaining thereto.
- The Website or portions of the Website may be labeled 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Service or portion of the Website labeled 'Beta.' Further, you specifically agree that you understand that any Service or portion of the Website labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that SellFire is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Service or portion of the Website labeled 'Beta.'
For Paid Accounts
Payment, Renewal, and Support.
- General Terms. At our discretion, SellFire may offer a free trial period of the Service. After the free trial period (“Trial”), use of the Website is contingent upon payment of fees. By continuing to use the Website and Service after the Trial you agree to pay SellFire the monthly subscription fees indicated for that service. SellFire offers multiple subscription types, the descriptions of which are available on the Website. All fees and payment information will be made available and entered upon Registration. Payments will be charged on a pre-pay basis on the first day after the Trial has ended and will cover the use of that service for a monthly subscription period as indicated. Fees are not refundable.
- Automatic Renewal. Unless you notify SellFire before the end of your applicable subscription period that you want to cancel your subscription, your subscription will be automatically renewed and you authorize us to collect the then-applicable monthly subscription fee for such renewal (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be cancelled, upgraded, or downgraded through your account page. The fees for any subscriptions or accounts that are upgraded or downgraded (unless downgraded from a paid to a free account, which shall be treated as a cancellation) after the commencement of any monthly subscription period will be prorated accordingly by SellFire.
Support. Subscriptions include access to email support and online forums. “Email Support” means the ability to make requests for technical support assistance by email at any time. All Support will be provided in accordance with SellFire’s standard support practices, procedures, and policies.
- You agree that any suggestions, improvements, ideas, contributions , requests or other content that you post or upload to the Website, including, but not limited to, information submitted to the online forums or emailed to SellFire, related to the Website and Services shall be owned by SellFire and shall be deemed assigned to SellFire upon submission. SellFire shall not be required to compensate you in any way
By posting, uploading, or otherwise providing your submission to the online forums, you are making such submission public and hereby authorizing and consenting the public, SellFire, and other users to:
- use, copy, distribute, display, publish, modify and create derivative works of your submission, each in connection with the service;
- your name in connection with your submission; and
- grant these permissions to other persons
- SellFire reserves the right to refuse to publish or accept and may remove any contribution made by you to any online forum, support platform, or email in SellFire’s sole discretion.
- Your Account. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Service and the Website. You agree to comply with all laws applicable to your activities on the Website and with the terms of this Agreement. You hereby represent that you are an organization in good standing and a representative of such organization having the power and authority to enter into this Agreement and perform your obligations hereunder.
- You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your information in your account page on the Website. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to SellFire, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer(s) or phone(s). You will comply with all laws applicable to your activities on the Website and with this Agreement.
- SellFire may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Upon such termination SellFire will terminate and not bill for any future subscription payments. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
VII. Dispute Resolution
Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against SellFire arising out of or relating to this Agreement or your use of the Website or Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. In the event of any small claims or collection actions, you shall bring any legal action or proceeding against SellFire exclusively in a state court of competent jurisdiction sitting in Suffolk County, Massachusetts, and you agree to submit to the personal and exclusive jurisdiction of such courts. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
- Arbitration Procedures. You must first present any claim or dispute to us by contacting us in writing at email@example.com to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and SellFire agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and SellFire agree otherwise, any arbitration will take place in Suffolk County, Massachusetts, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor SellFire may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
- Costs of Arbitration. All administrative fees and expenses of arbitration will be divided equally between you and SellFire. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
- Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and SellFire are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and SellFire both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
- All parts of this Agreement apply to the maximum extent permitted by law. If any provision of this contract is held to be invalid or unenforceable, it will be enforced to the extent permitted under applicable law and the remainder of this contract will remain in full force and effect. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and SellFire will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This is the entire Agreement between the user and SellFire regarding your use of the service. It supersedes any prior agreement or statements regarding your use of the service.
- SellFire may assign this contract, in whole or in part, at any time with or without notice to the user. You may not assign this contract, or any part of it, to any other person or entity. Any attempt by the user to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
- SellFire has impression restrictions (100,000 impressions per month) and API server call volume restrictions (5000 API server calls per month) for accounts. These restrictions are subject to change at any time in SellFire’s sole discretion. You will be provided with notice of any changes to these restrictions and your continued use of the Website and Services shall constitute acceptance of any such changes. In the event that you require higher traffic volume accessibility, please contact firstname.lastname@example.org for a custom solution.
- This Agreement is solely for the benefit of the user and SellFire. It is not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
This Agreement is in electronic form. We have the right to send you certain additional information in connection with the Service, including updates to this Terms of Service. There may be other information regarding the service that the law requires us to send you. SellFire may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.
We may provide required information to you
- by e-mail at the e-mail address you specified when you registered for this Service;
- by access to a SellFire web site that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a SellFire web site that will be generally designated in advance for this purpose.
- If you are a corporation, partnership or similar entity, then the rights to utilize the services granted under this contract are expressly conditioned upon and you represent and warrant to SellFire that the individual accepting the terms of this Agreement is authorized to bind such entity to the terms and conditions of this Agreement.
- The express waiver by either party of any provision, condition or requirement of this contract does not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- The headings of paragraphs and sections are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof. Any rights not expressly granted herein are reserved.