This Agreement contains the terms and conditions that apply to your participation as an
Affiliate in the GameDesire Affiliate Program and to the establishment of links from your
affiliate Web site to our Web site, www.gamedesire.com.
If you use our banners or our interface or you use any of our examples it means that you read, accepted and agreed with terms of this Affiliate Agreement.
You will be solely responsible for the development, operation, and maintenance of your
site, for all materials that appear on your site and ensuring that the link works correctly.
You are solely responsible for ensuring warranting that materials posted on your site
are not defamatory, obscene, profane or pornographic or in any way violate any
applicable law. To the extent permitted by applicable law, we disclaim all liability for
these matters. You will indemnify, hold harmless and, at our request, defend us from and
against any claims, damages, and expenses (including, without limitation, reasonable
attorneys fees) relating to your obligations in terms of this clause.
You agree that your site will not, in any way, copy or resemble the look and feel of our
site, nor will you create the impression that your site is our site or is a part of our site, nor
will you frame any page on the GameDesire site being viewed by a user of your site.
You also agree that your site will not contain any content from our site or any materials
that are proprietary to Ganymede, except with our prior permission.
The term of this Agreement will end when terminated by either party. Either you or Ganymede may
terminate this Agreement at any time, with or without cause, by giving the other party
written notice of termination.
We may modify any of the terms and conditions contained in this Agreement at any time
in our sole discretion. If any modification is unacceptable to you, your only recourse is to
terminate this agreement. Your continued participation in the Affiliate Program following
our posting of a change notice or new agreement on our site will constitute binding
acceptance of the change. We may change our policies and operating procedures at any
time.
The parties of this Agreement are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You will have no authority to make or
accept any offers or representations on our behalf.
Trademarks and Logos
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE
RIGHT TO USE THE GAMEDESIRE TRADEMARK AND LOGO AND SIMILAR
IDENTIFYING MATERIAL RELATING TO US BUT ONLY IN THE FORMS THAT
WE PROVIDE FOR THE SOLE PURPOSE OF LINKING YOUR SITE TO OUR SITE.
GANYMEDE RESERVES ALL RIGHTS IN OR TO ITS
TRADEMARKS AND SERVICEMARKS WHICH MAY BE USED BY AFFILIATE
IN ACCORDANCE WITH THIS AGREEMENT.
Limitation of Liability
GANYMEDE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR
ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION
WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Sole Remedy
IF ANY ASPECT OF THE PROGRAM IS OR BECOMES UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.