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Terms of Use and Privacy Statement

Terms and Conditions


As an authorized affiliate (Affiliate) of Oncali
Corporation, you agree to abide by the terms and conditions contained in this
Agreement (Agreement). Please read the entire Agreement carefully before
registering and promoting Oncali as an Affiliate.


Your participation in the Program is solely to
legally advertise our website to receive a commission on memberships and
products purchased by individuals referred to Oncali by your own website or
personal referrals.


By signing up for the Oncali Affiliate Program
(Program), you indicate your acceptance of this Agreement and its terms and


1.   Approval or Rejection of the Application


We reserve the right to approve or reject ANY
Affiliate Program Application in our sole and absolute discretion. You will
have no legal recourse against us for the rejection of your Affiliate Program


2. Commissions


Commissions will be paid once a month. For an
Affiliate to receive a commission, the referred account must remain active for
a minimum of 30 days.


You cannot refer yourself, and you will not
receive a commission on your own accounts. There is also a limit of one
commission per referral. If someone clicks the link on your site and orders
multiple accounts, then you will receive a commission on the first order only.


Payments will only be sent for transactions
that have been successfully completed. Transactions that result in chargebacks
or refunds will not be paid out.


3. Termination


Your affiliate application and status in the
Program may be suspended or terminated for any of the following reasons:


advertisements (false claims, misleading hyperlinks, etc.).


Spamming (mass email,
mass newsgroup posting, etc.).


Advertising on sites
containing or promoting illegal activities.


Failure to disclose
the affiliate relationship for any promotion that qualifies as an endorsement
under existing Federal Trade Commission guidelines and regulations, or any
applicable state laws.


Violation of intellectual
property rights. Oncali reserves the right to require license agreements from
those who employ trademarks of Oncali in order to protect our intellectual
property rights.


Offering rebates,
coupons, or other form of promised kick-backs from your affiliate commission as
an incentive. Adding bonuses or bundling other products with Oncali, however,
is acceptable.


Self referrals,
fraudulent transactions, suspected Affiliate fraud.


In addition to the foregoing, Oncali reserves
the right to terminate any Affiliate account at any time, for any violations of
this Agreement or no reason.


4. Affiliate Links


You may use graphic and text links both on
your website and within in your email messages. You may also advertise the Oncali
site in online and offline classified ads, magazines, and newspapers.


You may use the graphics and text provided by
us, or you may create your own as long as they are deemed appropriate according
to the conditions and not in violation as outlined in Condition 3.


5. Coupon and Deal


Oncali occasionally offers coupon to select
affiliates and to our newsletter subscribers. If you’re not pre-approved /
assigned a branded coupon, then you’re not allowed to promote the coupon. Below
are the terms that apply for any affiliate who is considering the promotion of
our products in relation to a deal or coupon:


Affiliates may not use
misleading text on affiliate links, buttons or images to imply that anything
besides currently authorized deals to the specific affiliate.


Affiliates may not bid
on Oncali Coupons, Oncali Discounts or other phrases implying coupons are


Affiliates may not
generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen
actions that set affiliate cookies unless the user has expressed a clear and
explicit interest in activating a specific savings by clicking on a clearly
marked link, button or image for that particular coupon or deal. Your link must
send the visitor to the merchant site.


User must be able to
see coupon/deal/savings information and details before an affiliate cookie is
set (i.e. “click here to see coupons and open a window to merchant site” is NOT


Affiliate sites may
not have “Click for (or to see) Deal/Coupon” or any variation, when there are
no coupons or deals available, and the click opens the merchant site or sets a
cookie. Affiliates with such text on the merchant landing page will be removed
from the program immediately.



6. Pay Per Click (PPC)


PPC bidding is NOT allowed without prior
written permission.


7. Liability


Oncali will not be liable for indirect or
accidental damages (loss of revenue, commissions) due to affiliate tracking
failures, loss of database files, or any results of intents of harm to the
Program and/or to our website(s).


We do not make any expressed or implied
warranties with respect to the Program and/or the memberships or products sold
by Oncali. We make no claim that the operation of the Program and/or our
website(s) will be error-free and we will not be liable for any interruptions
or errors.


8. Term of the


The term of this Agreement begins upon your
acceptance in the Program and will end when your Affiliate account is


The terms and conditions of this agreement may
be modified by us at any time. If any modification to the terms and conditions
of this Agreement are unacceptable to you, your only choice is to terminate
your Affiliate account. Your continuing participation in the Program will
constitute your acceptance of any change.


9. Indemnification


Affiliate shall indemnify and hold harmless Oncali
and its affiliate and subsidiary companies, officers, directors, employees,
licensees, successors and assigns, including those licensed or authorized by Oncali
to transmit and distribute materials, from any and all liabilities, damages,
fines, judgments, claims, costs, losses, and expenses (including reasonable
legal fees and costs) arising out of or related to any and all claims sustained
in connection with this Agreement due to the negligence, misrepresentation,
failure to disclose, or intentional misconduct of Affiliate.


10. Governing Law,
Jurisdiction, and Attorney Fees


This Agreement shall be governed by and
construed in accordance with the laws of the United States and the State of California.
Any dispute arising under or related in any way to this Agreement shall be
adjudicated exclusively in the state courts located in Santa Clara, CA.


In the event of litigation to enforce any
provision of this Agreement, the prevailing party will be entitled to recover
from the other party its costs and fees, including reasonable legal fees.


11. Electronic
Signatures Effective

The Agreement is an electronic contract that
sets out the legally binding terms of your participation in the Oncali
affiliate program. You indicate your acceptance of this Agreement and all of
the terms and conditions contained or referenced in this Agreement by
completing the Affiliatly and/or Oncali application process. This action
creates an electronic signature that has the same legal force and effect as a
handwritten signature.


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