Nakagava Affiliate Program Terms and Conditions

  1. Participation.
    1. Participants of the Program are accepted without approval, but Nakagava Corporation ("Nakagava") has the right of refusal at any time in its sole discretion.
    2. By enrolling in the Program, You represent that you are at least 18 years of age.
    3. Multiple accounts held by the same individual or entity are subject to immediate termination.
  2. Parties' Responsibilities.
    1. You are solely responsible for the Site(s), including all content, materials, maintenance and operation.
  3. Prohibited Uses.
    1. In case of spamvertising your account will be terminated after investigation.
    2. Advertisers cannot receive commissions for their own links placement.
  4. Termination.
    1. You may cancel the participation of any Site in the Program and/or terminate this Agreement with or without cause at any time by removing the code from Your Sites.
  5. No Guarantee.
    1. Nakagava makes no guarantee regarding the level of impressions of or clicks on any Ad, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to You under this Agreement.
  6. No Warranty.
    1. NAKAGAVA MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, SEARCH, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
  7. Limitations of Liability.
    1. EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE PROGRAM, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  8. Payment.
    1. You shall receive a payment related to the number of valid clicks and sales as determined by Nakagava for its participants in the Program.
    2. Payment shall be sent to you by check or wire transfer in 20-30 days after end of the month. Minimum payout is $100, minimum initial payout $300.
    3. Nakagava shall not be liable for any payment based on any amounts which result from invalid clicks or sales
    4. Nakagava reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You.
    5. You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account.
    6. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9.
    7. For non-U.S. taxpayers, this information includes without limitation either a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities.
    8. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment.
    9. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in the Program.
    10. Nakagava may change its pricing and/or payment structure at any time. If You dispute any payment made under the Program, You must notify Nakagava in writing within thirty (30) days of any such payment; failure to so notify Nakagava shall result in the waiver by You of any claim relating to any such disputed payment.
    11. Payment shall be calculated solely based on records maintained by Nakagava. No other measurements or statistics of any kind shall be accepted by Nakagava or have any effect under this Agreement.