FileSpace - Share your files easily

AFFILIATE AGREEMENT

Last Updated 8.28.2013

Thank you for becoming an AFFILIATE MEMBER. FileSpace ("Website") is a website that provides space to stores files and the bandwidth to access files, which is owned and operated by Bayside Ltd ("We" or "Company" or "Our"). These terms of service govern your access to and use of Our websites and services (“Services”), so please carefully read them before using the Services.

By registering or using any of the services provided through or in connection with this Website, the users ("You" or "Your") hereby agree to be legally bound by the provisions contained in this Affiliate Agreement (“Agreement”), our Terms of Service Agreement, our Privacy Policy, our DMCA policy and all other Company polices.

Before becoming a member of this Website by completing the online registration process, you must read, understand and agree to the provisions contained herein. If you find any of these provisions unacceptable, you acknowledge that your sole remedy shall be to cease all the current as well as future usage of this Website with immediate effect.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Company and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

This Agreement is subject to revisions, modifications or alterations at any time without any prior or post notice to anyone. Such revisions, modifications or alterations shall come into effect as soon as they are posted on this Website. Your use of this Website signifies your implied acceptance of such revised, modified or altered Agreement.

3. FEES

Joining the Website is absolutely free of any charges. However, the Company reserves the right, in its sole discretion, to charge for any service(s) being offered or any future service(s) to be offered on or through this Website.

4. PAYMENTS

Company shall make all payments pursuant to the attached Payment Schedule.

5. PROHIBITED CONDUCT

· Pairing the accounts together in order to secure higher wages is not allowed. Any such account that is discovered by the system will be immediately blocked.

· Downloading your own files for the purpose of generating revenues is strictly prohibited. You are prohibited from download your own files repeatedly for the purpose of generating revenues.

· Artificial Inflation of Traffic is strictly prohibited. Artificial Inflation of Traffic includes but is not limited to the following: using virus and/or malware and/or any other software to download files from the server; using remote controlled computer programs where the controller initiates the downloads; and any other remote download software used to artificially inflate traffic for the purpose of generating revenues.

· In the event that fail to comply with the above or any Company’s Terms of Use and other Policies your account will be blocked, your registration as a Member will be immediately terminated and you shall forfeit any rights to consideration.

6. INDEMNITY

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, store, transmit or make available through the Website, your use of the Website, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by the Company on account of your direct or indirect conduct.

7. LIMITATION OF LIABILITY

Your use of Company’s site is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Service (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service or (5) any other matter relating to the Service. Furthermore, you accept full liability for your actions while using Company’s services, and agree that Company is not liable for any damages or legal implications caused by your use or abuse of our services

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO COMPANY FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

8. MODIFICATIONS TO SERVICE

The Company reserves the right to restrict, modify, suspend or discontinue, temporarily or permanently, the Website (or any features thereof) with or without notice, at any time and from time to time. You agree that the Company shall not be liable to you or to any third party for any restriction, modification, suspension or discontinuance of the Website (or any features thereof). By continuing to access or use the Services after revisions and/or modifications become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using our Services.

9. JURISDICTION

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

10. ADDITIONAL MISCELLANEOUS LEGAL TERMS

a. These Terms and Conditions create no third party beneficiary rights.

b. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

c. The Section Titles in this Agreement are for convenience only and have no legal or contractual effect.

d. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If a provision and/or term is found unenforceable an enforceable term and/or provision will be substituted into the Agreement to reflect Company’s intent as closely as possible.

e. You may not assign any of your rights in and to these Terms and Conditions, and any attempt to do so shall be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with these Services.

f. You and Company are not legal partners or agents.

· All payment are made through check, wire transfer, Webmoney, Paypal, Western Union, Moneygram or other services as published on our site and will be paid upon request. The minimum amount paid each week is $50 for online payment services or $300 for Wire/IBAN, Western Union, Moneygram and checks.

· Payments take up to 72 hours to issue.

· Users must pay all income taxes in their own country. Company will not send any money to your tax agency.

· An up to date list of all payouts will be listed in http://www.spaceforfiles.com/?op=my_account and is subject to change without prior notice