You must read, agree to, and accept the terms and conditions in this agreement before participating in the Freeway Affiliate Programme.

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate." The terms "we", "our", and "us" throughout this user agreement refers to the company ZacWare Pty. Ltd., the company that has created the programme.

Payment

ZacWare will send payment via Cheque, Direct Bank deposit or PayPal for the applicable commissions on or about the 1st of the month for the previous month's commissions when your balance exceeds $50. If a sale that generated a commission is cancelled by the customer or us, or charged back, the commission amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.

ZacWare will be solely responsible for processing every order placed by a customer on the website.

Customers

Customers who purchase products and services through the Affiliate Programme are customers of ZacWare. All ZacWare rules, policies, and operating procedures concerning customer orders and service apply to those customers. We may change our shop conditions and rules at any time. ZacWare policies determine the price paid by the customer.

Qualifying Sites

ZacWare reserves the right to refuse Affiliate Programme applications. All sites will be reviewed and sites on certain content topics will not be accepted. Prohibited site content includes, but is not limited to:

• Pornography of any kind, including but not limited to online subscription pornography. Anything that falls into the category of "adult entertainment" is prohibited.
• Any form of "hate" oriented site.
• Animal cruelty or procedures deemed harmful, unnecessary or unnatural to animals.
• Any type of firearms, fireworks or pyrotechnic devices or supplies.
• The sale of alcoholic beverages, tobacco products, live animals, prescription drugs or other controlled substances, hazardous materials, combustibles, corrosives.
• Unsolicited email services of any kind.
• Gambling transactions of any kind, including lottery, raffles, contest sites.
• Money making, work at home, home mailing, multi level marketing, pyramid schemes, or similar products.
• Phone chat lines or psychic readings.
• Any form of sex product (viagra, penis, breast enlargement) growth hormones, nutrients, wonder drugs, or human growth hormone.

Additionally, sites may not:

• Violate the privacy, publicity or personal rights of others.
• Infringe on the intellectual property rights of others, i.e., copyrights, trademarks, trade secrets, plagarism, software piracy, patents, music, images, or other proprietary or property right. Materials that infringe on the intellectual property rights may not be distributed to others.
• Include Defamatory or Abusive Language. Sites may not contain any material that is unlawful, harmful, fraudulent, abusive, vulgar, hateful, racial or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Sites with defamatory, abusive or threatening language will be shut down.
• Distribute viruses or worms or provide information on how to send them. Any site promoting any form of cyber crime or other illegal computer activities will be shut down.
• Any illegal activities. ZacWare reserves the right to shut down your Affiliate Programme if any activities are found to be harmful in any way.
• You may not use your Affiliate link as an entryway to pay for your own purchases.

No Spam

ZacWare has a zero tolerance policy for spam. Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to, the sending of ANY unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. All Affiliates are expected to adhere to ZacWare's no spam policy. Affiliates may promote ZacWare to "opt-in" lists only. If you run a newsletter, ezine, or other kind of bulk email service, you must maintain evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. If you spam, we will terminate your Affiliate status.

Part of the no spam policy means, you may NOT:

Send any email to any type of "lead" or "prospect" before you have received a request for more information.
Fax any message to any recipient that has not requested the information first.
Send inappropriate postings to any newsgroup or forum that violates their anti-spam regulations.

ZacWare reserves the right to terminate the Affiliate status or refuse service of any person or organisation at any time for any reason, or no reason at all. An Affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their Affiliate contract terminated and lose any or all Affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.

Relationship of Parties

ZacWare and the Affiliate 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.
No Warranties

ZacWare makes no warranties of any kind, whether express or implied, with respect to the Affiliate Programme. ZacWare is not be responsible for damages suffered by any customer, including incidental damages or lost profits. ZacWare makes no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. All content in the ZacWare software and Affiliate Programme is provided "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Additionally, ZacWare in no way guarantees financial success through the Affiliate Programme or that any users of the Affiliate Programme or our products will make money in any amount. We are not offering you a guaranteed business opportunity of any sort.

Governing Law/Severability

This agreement between you and ZacWare will be governed by and construed in accordance with the laws of the Queensland (Australia). You agree that any litigation or arbitration between the parties will take place in Queensland (Australia). If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement between you and ZacWare relating to the subject matter hereof, and supersede all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by you will be effective only if accepted in writing and signed by ZacWare.