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  1. ACCEPTANCE OF TERMS

    DialSimple.Com ("Dial Simple") welcomes you. This agreement is between you and DialSimple, subjected to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.dialsimple.com/my/info/termsAff. In addition, when using particular DialSimple owned or operated platform, you and DialSimple shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. DialSimple may also offer other services that are governed by different Terms of Service.

  2. YOUR REGISTRATION OBLIGATIONS

    In consideration of you joining the affiliate program, you represent that you are of legal age to form a binding contract and are not a person barred from using DialSimple's platform, conducting advertisement, or resaling DialSimple's service under the laws of the United States or other applicable jurisdiction. You also agree to:

    1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
    2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
    3. not claim the referral for buying credit on DialSimple for your own use whatever kind it may be.

    If you provide any information that is untrue, inaccurate, not current or incomplete, or DialSimple has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DialSimple has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  3. DIALSIMPLE PRIVACY POLICY

    Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.dialsimple.com/my/info/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by DialSimple and its affiliates.

    RESELL OF SERVICE

    DialSimple offers partner program where you can (1) resell DialSimple's international calling services (2) build up and manage your own customer base and (3) customize calling rate per customer. Being a partner's user you acknowledge and agree to the following:

    1. TRANSPARENCY: DialSimple will be transparent to your customers and will not be liable to any dispute that may arise from them using the service at your specified rates. Your customer's purchase on DialSimple will appear as MC-PHONE PAYMENTS on their statements.
    2. SUPPORT: DialSimple commits to ONLY provide assistant on operational and technical issues that may impact your customer or help providing additional account information upon your request, and will not be responsible for following up with customer on supporting basis.
    4. FRAUDULENT ACTIVITY: DialSimple reserves the right to terminate any of your customer account that is is involved in fradulent transactions, suspicious activity, or as requested by the subjected jurisdiction and law enforcement, and no commision will be given.
    5. CUSTOMER'S TERMS & CONDITION: Your customers are subjected to the same DialSimple's end-user's TERMS and CONDITIONS (Terms & Condition). You are responsible for communicating and enforcing these terms without using any reference to DialSimple, its affiliates, or parent company.
    6. RATE MARK-UPS: You are solely responsible for all mark-up rates and obligations including tax and governing regulations that they are subjected to or proceedings they might have brought.

  4. AFFILIATE SERVICE

    DialSimple would pay referral commission to you only for the user who (1) comes to DialSimple directly via referral links given on your affiliate home page -- Affiliate's Home (2) successfully signup and (3) make a genuious purchase. If the same user buys or recharges his/her account without coming from the referral link then DialSimple may not pay any commission and would not be liable for any related disputes. DialSimple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DialSimple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Also you agree that Dialsimple reserves all the right to terminate whether to communicate to you about this or not. You also agree any unavoidable disputes can only be taken up in the court of State of California.

    5. PROMOTIONAL CONTENT AND PROMOTIONAL METHODS

    Your ads may contains links to DialSimple. You acknowledge and agree that DialSimple is not responsible for any form of content or method of advertisement that you employ to bring about lead and your method and content must conform to the followings:

    1. Your method should not violate DialSimple's Spam Policy
    2. You shall ensure that your website's content including metatags is revalent to search engine's search key words and not breaching search engine's guidelines and that any links on your site to Dialsimple must not be under automatic browser triggered actions or under and irrevalent keywords or creative.
    3. You must use only creatives provided by DialSimple, unless otherwise discussed and approved by DialSimple in written notice.
    4. You shall not in any case book any keyword or trademark on behalf of DialSimple, or employ any method or content that create confusion or osbtruct DialSimple's mission or reputation.

    PAYMENT

    You shall receive payments from DialSimple for (1) bringing customers to DialSimple who buys and use the service (2) for reselling DialSimple service at your markups.
    1. DialSimple reserves the right to hold your payments (1) that is subjected to Dial Simple fraud checking process (2) to negate prior over-payment amount that were result of undetected or unqualified traffic, accounting mistake, or system errors.
    2. DialSimple may change its pricing and/or payment structure at any time. If You dispute any payment, you must notify DialSimple in writing within thirty (30) days of any such payment; failure to so notify DialSimple shall result in the waiver by You of any claim relating to any such disputed payment.
    3. You are solely responsible for providing and maintaining accurate address and other contact information as well as payment information associated with Your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities.
    4. DialSimple will try our best to pay you. In event that we are unable to reach you or the information provide by you prevent payments to be delivered. After 60 days DialSimple may, without further notice to You, remove your outstanding balance.

    PUBLICITY

  5. MODIFICATIONS TO SERVICE

    DialSimple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DialSimple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  6. TERMINATION

    You agree that DialSimple may, under certain circumstances and without prior notice, immediately terminate your DialSimple Affiliate account, any associated calls, local numbers, and access to the Service. Cause for such termination shall include, but not be limited to,

    1. breaches or violations of the TOS or other incorporated agreements or guidelines,
    2. requests by law enforcement or other government agencies,
    3. a request by you (self-initiated account deletions),
    4. discontinuance or material modification to the Service (or any part thereof),
    5. unexpected technical or security issues or problems,
    6. extended periods of inactivity,
    7. engagement by you in fraudulent or illegal activities, and/or
    8. nonpayment of any fees owed by you in connection with the Services.

    Termination of your DialSimple account includes

    1. removal of access to all offerings within the Service
    2. deletion of your pin, password, and all related information, files and content associated with or inside your account (or any part thereof), and
    3. barring of further use of the Service.
    4. DialSimple may remove or transfer your oustanding earnings as directed by guideline of the subject jurisdiction, law enforcement, or our internal policy.
    5. If your are a DialSimple's partner, DialSimple will terminate the accumulation of proceedings from your existing customers unless otherwise discussed. DialSimple reserves the right to take appropriate action on your customers' account, including but not limited to: contacting, converting, and other action as required or recommended by law enforcement or our internal guidelines.

    Further, you agree that all terminations for cause shall be made in DialSimple's sole discretion and that DialSimple shall not be liable to you or any third party for any termination of your account, any associated call ids, or access to the Service.

  7. DEALINGS WITH MEMBERS and ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, members and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DialSimple shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  8. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DialSimple has no control over such sites and resources, you acknowledge and agree that DialSimple is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DialSimple shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  9. DialSimple'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DialSimple or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    DialSimple grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DialSimple for use in accessing the Service.

  10. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  11. NOTICE

    DialSimple may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

  12. TRADEMARK INFORMATION

    The DialSimple, DialSimple logo trademarks and service marks and other DialSimple logos and product and service names are trademarks of DialSimple.Com (the "DialSimple Marks"). Without DialSimple's prior permission, you agree not to display or use in any manner the DialSimple Marks.

  13. GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and DialSimple and governs your use of the Service, superseding any prior agreements between you and DialSimple with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DialSimple services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The TOS and the relationship between you and DialSimple shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and DialSimple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

    Waiver and Severability of Terms. The failure of DialSimple to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your DialSimple account is non-transferable and any rights to your DialSimple ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

  14. VIOLATIONS

    Please report any violations of the TOS to our Customer Care group.

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