AsiaClickz Publisher Agreement

This Agreement contains the terms and conditions that apply to a participant in the AsiaClickz Publisher Network. As used in this agreement, "we"/"our/"us", means Pendulab Pte Ltd and "you"/"your" means the "affiliate/applicant/publisher", "site" refers to a World Wide Web site or a blog site.

To begin the enrollment process, you will submit a complete Publisher Application form. We will evaluate your application in good faith and will notify you of your acceptance or rejection, usually within 48 hours. (you can re-apply at any time).We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, for example, sites that:

- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote illegal activities or violate intellectual property rights
- or from applicants who we prefer not to be associated with

We grant you a non-exclusive, revocable right to use our present banners and other such images for which we grant express permission, for the purpose of identifying your site as a program participant and linking to our site or network of advertisers' sites. You may not modify the banners or any of our images in any way without our express permission.

We reserve all of our rights to our trade names and trademarks and all other intellectual property rights.

SPAM (unsolicited email)

We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to Pendulab Pte Ltd or any of our advertisers, or any of its associated companies, Partners, or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, Publishers may not advertise in any way that effectively conceals or misrepresents their identity, their domain name or their return email address.

Any Publishers who, in our opinion, breaches this ruling will have their Publishers status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED.

Stay Safe, Don't SPAM.

We will NOT revoke affiliate status to avoid payment of owed or future commissions.

UNPROFESSIONAL CONDUCT

Pendulab Pte Ltd and its associated companies operate with the strictest codes of professional conduct. Any Publisher who brings Pendulab Pte Ltd or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Publisher status cancelled and any outstanding commissions WILL be forfeited.

We reserve the right to reject any Publisher application if in our opinion, that person or company violates established laws or commonly held standards of decency.

A Publisher who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful to Pendulab Pte Ltd or any of our Advertisers and or other affiliates or Publishers will be terminated.

ORDER PROCESSING

AsiaClickz provides the tracking technology to track sales on our advertisers' websites, wherever applicable.

All of our rules, operating procedures and policies regarding advertisers' customer orders and accounts will apply to orders we receive through special links on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

Every customer who buys a product through this program is deemed to be a customer of the respective Advertiser's product. You do not have the authority to make or accept any offer on our behalf. All our advertisers' policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies.(See "Policies/Contact" link at bottom). Please note that all advertisers' rights are reserved and you agree to subject your commission reports to the respective advertisers' rights.

Unless otherwise stated by the respective advertiser, a Publisher CAN order our products for your his or her own PERSONAL USE through the same Publisher link!

TRACKING OF SALES

We will be solely responsible for tracking sales on our advertisers' sites who follow links from your website. We use AffiliateShop, the technology solution utilized by AsiaClickz. Statements of your sales activity will be available to you in "realtime" or delayed depending on the tracking model, with a special URL that we assign to you. Accessible 24 hours per day and 7 days per week. You may access these stats via a password and username we assign.

Only two entities may access your stats and affiliate information. That would be you, and Pendulab Pte Ltd.

LINKS

We will provide you with a unique identifying set of HTML tags containing the URL for you to link to. Each sale or referral that is generated from this set of HTML tags will be attributed to you. You will have access to your own private section to check your stats. Your links to the unique URL can be text links or banner links, or a combination of the two. You must not modify any part of this set of HTML tags given to you by us. If you choose banner links, you must use our banners. You must publish the set of HTML tags prominently on your site. You may add as many links or sets of HTML tags, or remove such links, at anytime and without prior approval from us.

** Inactive publishers and affiliates will be removed from participation in the Program. Inactive means little or no "click-throughs" via your banner/text links, as monitored via our affiliate program administrative panel, for a period of sixty (60) days. And/or, non-placement of affiliate banners/text ads. We will contact you after thirty (30) days of "inactivity". Efforts will be made to help and encourage your participation in the Program. We are not obligated to provide such Efforts.

We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of sales for credit to your account. Every effort will be made to ensure that our site is functional and available for customers referred to our site through your "affiliate link".

We have NO responsibilities with regard to your site. Pendulab Pte Ltd does not warrant that the set of HTML tags will not interfere with the functionality of your existing site. By placing our set of HTML tags, you understand and agree that your site's performance maybe affected but shall absolve Pendulab Pte Ltd and its network of advertisers from any losses whatsoever. Pendulab Pte Ltd shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program. In addition, Pendulab Pte Ltd's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed total referral fees paid or payable to the affiliate under this agreement.

COMMISSION AND PAYMENT

We will pay you the due commissions of any and all purchases made by a customer referred by your "affiliate link" through our banners or text links (Not including any applicable sales tax and shipping charge).

Minimum amount for payment is Singapore fifty dollars (S$50). Any amount under this will be held in your account until the minimum for pay out is reached. (this is ongoing)

Payment will be made in the form of PayPal or a bank cheque from us paid in Singapore Dollars. Cheques will be mailed within twenty days of the first of the month for the previous month's sales. For example, commissions for sales made during May will be sent out on or before the 15th of June. We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.

Payment will be made out to you and mailed, via normal postal mail, to the address you provide at sign-up. (you will be able to modify your address and contact info via your private affiliate area). You may opt for registered mail but you shall bear all costs related to such delivery.

Any "refunds" to a customer, referred through your "affiliate link", will be deducted from your "credited" commission/s. (The majority of customers gladly accept replacemnt of products.) Charge backs, if any, will be deducted from your "credited" commissions.

TERM OF THE AGREEMENT

The term of this agreement will begin upon our acceptance of your publisher application and your placement of our banner or textual link on your site and will end when terminated by either party. Either you or we may terminate this agreement at any time, by giving the other party written notice of termination. This will be in the form of "email". You can only earn refferal fees on sales occurring during the term. We will never withhold any payment due. Payment of monies owed you will be payable on the same schedule as stated above for commission payment. Upon termination of this agreement, the former Publisher must remove all Publisher links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

INCOME TAX LIABILITY

You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own Income Taxes and any other tax liabilities that affect the sales of our products in your state.

MODIFICATION

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Any modifications will ALSO be notified, by email or published on our AsiaClickz website, to all participating publishers and affiliates. If any modification is unacceptable to you, you may terminate this agreement. Your continued participation in the program following notification of our new program will constitute binding acceptance of the change.

RELATIONSHIP OF PARTIES

You and We are independent contractors, and nothing in this Agreement will create any partnerhip, 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything written here.

CONFLICTS AND DISPUTES

As with any program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues and appeals regarding "termination for cause". Below is outlined who to contact and how to handle any such situation.

- If a concern should arise, send an email stating your full name, your Publisher ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible.

- Though we will be more than willing to settle the dispute in as fair a manner as possible we realize this situation may arise. In this case we will be open to mediation or arbitration to settle the matter.

- All arbitration and settlement of disputes under law will be carried out in the country of Singapore.

CONTACT INFORMATION:

E-mail: publisher@asiaclickz.com , mail: 18 Kaki Bukit Road 3, #04-14, Singapore 415978.
Address all contact to "Pendulab Pte Ltd"

This concludes the agreement. Thank you for taking the time to read it carefully. We look forward to working with you, our Valued Publishers! By signing up for our Program, you are in effect, agreeing to the above "AsiaClickz Publisher Agreement".