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ACCOUNT TYPE *
Desired Username *
Password *
Repeat Password *	Password and Repeat Password must match
General Contact
Name *
Position/Title *	What is your position or title in your organization?
Email *
Phone # *
Prefered Language *	Which language would you like to see our system in? (even if not available yet)
Technical Contact Info
same as General Contact Info
Name
Position/Title	What is your position or title in your organization?
Email
Phone #
Prefered Language	Which language should we contact your technician if we can? (even if not available yet)
Billing Contact Info
same as General Contact Info
Name
Position/Title	What is your position or title in your organization?
Email
Phone #
Prefered Language	Which language should we contact your technician if we can? (even if not available yet)
Business Info
Business Languages *	For communication purposes, please select the number of languages that you can speak and write.
Main Currency *	What is the currency you prefer to see reports, get paid or even prefer to pay? IMPORTANT: All calculations are always done in USD
Company Name	Leave blank if you are not a company
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Address 2
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TERMS AND CONDITIONS

Terms and Conditions

The below terms and conditions and attached schedules, and any future amendments to those schedules, governs your participation as a member (the "Publisher") of the Turborev Publisher Platform (the "Program"). The Publisher agrees to be bound by the Agreement, and the attached schedules below, as amended by Turborev Company ("Turborev") from time to time.

1. Definitions

1.1 "Client" means a client of Turborev.

1.2 "Offer" means a promotional offer published by Turborev on the Program site, in an electronic mail or both, setting out an advertising offer on behalf of a Client and containing such additional terms and conditions as the Client and Turborev, in their discretion, consider necessary from time to time.

1.3 "Turborev Policies" means: (a) the Turborev Electronic Mail Policy, (b) the Turborev Downloadable Software Policy, and (c) the Turborev Acceptable Use Policy as amended or replaced, from time to time, and published on the Program Site.

1.4 "Program Site" means the website for the Program operated by Turborev and situated at http://www.Turborev.com.

1.5 "Sub-Affiliate" means an independent third party contracted by the Publisher.

2. The Program

2.1 Turborev will permit the Publisher to participate in the Program, subject to compliance with the terms and conditions in this Agreement and in any policies established by Turborev, from time to time, and incorporated by reference in this Agreement.

2.2 The Publisher will be issued a unique username and password to access the Program Site, neither of which may be used by any person other than the Publisher.

2.3 The Publisher may engage Sub-Affiliates to distribute Offers in accordance with the Program, provided that:


a. a verifiable name, address and telephone number for each Sub-Affiliate is delivered to Turborev immediately upon request;

b. the proposed Sub-Affiliate agrees, in form satisfactory to Turborev, to abide by paragraph 3.3, Sections 6, 7, 8, 9 and 10 of this Agreement and the Turborev Policies (collectively, the "Sub-Affiliate Provisions"), as amended from time to time; and

c. at no time will the Publisher engage a Sub-Affiliate who, in the opinion of Turborev, acting reasonably, is likely to bring the reputation or standing of Turborev into disrepute or is otherwise unsuitable.


2.4 Any breach by a Sub-Affiliate of the Sub-Affiliate Provisions will be deemed to be a breach of this Agreement by the Publisher.

2.5 It is expressly agreed that the parties intend by this Agreement to establish a relationship between Turborev and the Publisher, but that it is not the intention of either party to undertake a joint venture or to make the Publisher in any sense an agent, employee, or partner of Turborev. The parties expressly agree that they are independent contractors, and that this Agreement does not in any way create a partnership as contemplated by the Partnership Act, R.S.B.C. 1996, c.348, nor have the parties granted to each other any right or authority to assume or create any obligation of responsibility, express or implied, on behalf of or in the name of the other, or to bind the other in any manner whatsoever.

2.6 It is further agreed that the Publisher has no authority to create or assume in Turborev's name or on its behalf any obligation, express or implied, or to act or purport to act as its agent or representative for any purpose whatsoever and the Publisher shall not hold itself out as having any such authority.

3. Offer

3.1 Offers will be posted to the Program Site.

3.2 Turborev grants the Publisher a limited, non-exclusive, non-transferable right to download Offers from the Program Site and to publish the same on the Publisher's websites and in electronic mail correspondence sent by the Publisher, all of which must be done in accordance with this Agreement, the Turborev Policies, as amended from time to time, and the additional terms and conditions affixed to each of the said Offers.

3.3 The Publisher agrees not to modify, alter, misrepresent or embellish the Offer or any part of the Offer including without limitation any text or images provided by or on behalf of Turborev or the Client in any way, directly or indirectly, without the express prior written consent of Turborev.

4. Compensation

4.1 Turborev will pay to the Publisher a commission (the "Commission"), calculated in accordance with the payment terms outlined in each Offer posted by Turborev on the Program Site.

4.2 Commissions will be paid to the Publisher only following receipt by Turborev of payment from the Client in respect of such Offer published in the Program online reporting system. Turborev may, in its sole discretion and from time to time, elect to advance to the Publisher part or all of the Commissions prior to receipt of payment from the Client, but in no event will Turborev be obligated to do so.

4.3 The Publisher acknowledges and agrees that payment of Commissions may be delayed where the Publisher has not provided Turborev with current particulars in accordance with paragraph 6.2(m) of this Agreement and that in no case will Turborev be liable to the Publisher for any loss, costs or expenses directly or indirectly incurred by the Publisher as the result of such delay.

4.4 In no circumstance will Turborev be obligated to pay Commissions to an Publisher unless and until the aggregate amount of the Commissions due and payable to that Publisher exceeds $25.00, or such greater amount established by the Publisher, from time to time.

4.5 Commissions due and payable by Turborev to an Publisher will not accrue interest.

4.6 No payments will be made to an Publisher unless and until, where Turborev has determined in its discretion, that such disclosure of information is required, that Publisher has provided to Turborev a Goods and Services Tax registration number, if the Publisher is a Canadian Resident and a registrant for the purposes of a Goods and Services Tax.

4.7 Payments to an Publisher in accordance with this Section will be based upon the records kept by Turborev and audited by the Clients, from time to time.

5. Fraud

5.1 If Turborev determines, in its sole discretion, that the Publisher's account in the Program has been used in a manner which Turborev considers to be fraudulent or which might bring the reputation or standing of Turborev into disrepute either with the general public or with the Clients or potential Clients of Turborev, or otherwise that the Publisher has engaged in activities which might be considered fraudulent, Turborev may but will not be obligated to suspend or terminate the Publisher's membership in the Program, without notice.

5.2 In the event of a suspension or termination in accordance with paragraph 5.1 above, any Commission due and payable to the Publisher in accordance with Section 4 at the time of suspension or termination will be deemed to be forfeited.

5.3 For the purposes of this Agreement, fraudulent activity includes but is in no way limited to:


a. activity by the Publisher or anyone for whom in law the Publisher is responsible which is directly or indirectly intended to inflate the Commissions payable to the Publisher;

b. the generation of leads other than by a mechanism approved by Turborev; and

c. activity which is determined by the Client, in its discretion, to be fraudulent.


6. Covenants, Representations and Warranties

6.1 The Publisher represents and warrants that:


a. it has the authority and capacity to enter into and to be bound by this Agreement;

b. to the best of its knowledge, there are no existing, pending or threatened claims or actions pending against the Publisher;

c. none of the Publisher's websites contain false or deceptive advertising or any machine readable code including without limitation any virus, Trojan horse, work or other self-executing program;

d. it owns or have the legal right to use and distribute all content, copyrighted material, products, and services displayed on or through its website or websites and in its electronic mail; and

e. it is not now a party to any agreement or business relationship which may conflict with this Agreement.


6.2 The Publisher covenants and agrees that:


a. it will, at all times, comply with all laws applicable in the jurisdiction where the Publisher is situated or where the Publisher directly or indirectly conducts its business;

b. it will not enter into any agreement or business relationship or otherwise incur any obligation which might, in the opinion of Turborev, conflict with this Agreement;

c. it will, at all times, comply with the terms of this Agreement, and the Turborev Policies, as updated, amended and replaced by Turborev, from time to time, in its sole discretion;

d. it will not, without the express written consent of Turborev, use or permit any person for who it is in law responsible to use any third-party trade-names or trade-marks;

e. it will not publish on any website or send in any electronic mail a universal resource locator or other link to any content or otherwise engage in or condone any practice, which, in the opinion of Turborev is deceitful, defamatory, libelous, abusive, violent, prejudicial, obscene, pornographic, likely to bring the reputation or standing of Turborev into disrepute, or which otherwise would be illegal;

f. it will at all times comply with the terms and conditions of any agreement or policy established by an Offer in which the Publisher elects to participate;

g. it will at all times comply with the provisions of the CAN-SPAM Act of 2003, as amended or replaced, from time to time;

h. it will not post any content relating to the Offer to any Usenet newsgroup, chat room, bulletin board or 'blog' (save and excepting a chat room, bulletin board or blog which is operated or primarily owned by the Publisher) without the express written consent of Turborev;

i. it will be responsible for the development, operation and maintenance of its website or websites and electronic mail, including without limitation the technical operation thereof, the creation, publication and accuracy of any content published on any such website or websites or in any electronic mail;

j. it will not attempt in any way to alter, modify, eliminate, conceal or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by or obtained from Turborev;

k. it will not "frame" or "mirror" any part of any pages hosted by the Client unless expressly permitted by Turborev and the Client;

l. it will not alter any website or electronic mail content provided by Turborev; and

m. it will, at all times and from time to time provide Turborev with written confirmation of a valid address, telephone number, electronic mail address and such other identifying or financial information as Turborev may reasonably require.


7. Indemnification

7.1 Publisher covenants and agrees to indemnify and save harmless Turborev, its parent company and their respective directors, officers, and employees (collectively, the "Indemnified Group") from and against any and all claims or judgments, including all associated legal fees, expenses and disbursements actually incurred, arising out of any breach of this Agreement or the exercise by the Publisher of any right under this Agreement or any act or omission of the Publisher, a Sub-Affiliate or anyone for whom the Publisher is in law responsible, including without limitation any damages, losses, consequential or otherwise, arising in any manner (including those arising from or incidental to any liability or other lawsuit, claim, demand or other action brought) as a consequence of any act or omission of the Publisher or any person for whom the Publisher is in law responsible, whether or not the Indemnified Group or any of them are named as a party defendant in any such proceedings and whether or not the Indemnified Group or any of them are alleged to be negligent or otherwise responsible for any damage or injury to persons or property. The obligation of the Publisher to defend and indemnify as set out in this paragraph will survive termination of this Agreement for any reason and will not be otherwise limited by any other term or condition of this or any Agreement.

8. Disclosure of Information

8.1 Turborev or its directors, may, from time to time, disclose to the Publisher certain information relating to Turborev's business or to Turborev's customers, Publishers, subsidiaries, Publishers, agents, or employees; business and marketing plans, strategies and methods which may not be standard industry practice or which are not generally known in the industry; or studies, charts, plans, tales or compilations of business and industrial information acquired or prepared by or on behalf of Turborev (all collectively referred to as the "Confidential Information"). The Publisher acknowledges that Confidential Information will be provided at the sole discretion of Turborev, and nothing in this Agreement obligates Turborev, its directors, agents or employees to disclose or grant to the Publisher access to any Confidential Information.

8.2 Unless expressly authorized in writing by Turborev, the Publisher covenants and agrees:


a. to use the Confidential Information only for the purposes expressly contemplated in this Agreement; and

b. that no Confidential Information will be disclosed to any third party, Publisher, subsidiary, Sub-Affiliate, agent, or employee of the Publisher without the prior written consent of Turborev, which may be unreasonably and arbitrarily withheld.

  
8.3 The Publisher acknowledges that Turborev remains the sole and exclusive owner of all right, title and interest in and to the Confidential Information. The Publisher agrees that the Confidential Information will not be copied or otherwise reproduced without the express prior written consent of Turborev.

8.4 Upon termination of this Agreement, or otherwise on demand by Turborev, the Publisher agrees that it will promptly deliver to Turborev all notes, data, tapes, reference items, sketches, drawings, memoranda, records, diskettes, electronic communications in any form and any other materials in any way relating to any of the Confidential Information in the possession of the Publisher or any Publisher, subsidiary, Sub-Affiliate, agent, or employee of the Publisher.

8.5 The Publisher acknowledges and agrees that:


a. the provisions of this Section and the Publisher's agreement with the same are of the essence and constitute a material inducement to Turborev to enter into this Agreement;

b. the provisions of this Section shall be construed independently of any other provision of this Agreement, and the existence of any claim or cause of action the Publisher may have against Turborev, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Turborev of the provisions of this Section;

c. that any breach of this Section would cause irreparable harm to Turborev for which damages might not be an adequate remedy, and the Publisher therefore agrees that in the event of any such breach Turborev will be entitled to seek, in addition to any other right accruing to Turborev under this Agreement or otherwise in law or equity, injunctive relief against the Publisher without the necessity of proving actual damages; and

d. Notwithstanding any other provision of this Agreement, this Section shall survive the termination of this Agreement, however caused.


8.6 The Publisher agrees to indemnify and save harmless Turborev against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which Turborev may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Publisher or any person for whom the Publisher is responsible, in law.

9. Non-Competition

9.1 During the term of this Agreement and for a period of six (6) months thereafter, the Publisher will not seek, in any way, to undermine the goodwill of Turborev, and in particular, the Publisher will not, directly or indirectly: (1) solicit or entice or attempt to solicit or entice, work away from Turborev (with the exception being when the Publisher has a pre-existing relationship with such parties); (2) solicit or entice or attempt to solicit or entice any of the employees of Turborev to enter into employment service with the Publisher or a competitor of Turborev; or (3) directly or indirectly enter into any agreement or contract, written or otherwise, with any Client or otherwise provide services to any third party for the ultimate benefit of a Client which might, in the opinion of Turborev, compete with any services provided by Turborev to that Client.

10. Disclaimer and Limitation of Liability

10.1 Turborev disclaims all warranties, conditions, representations, indemnities and guarantees with respect to any matter, whether express or implied (including without limitation any warranty of profitability, satisfactory quality, merchantability, fitness for any particular purpose, title and non-infringement).

10.2 Notwithstanding any other provision of this Agreement, Turborev additionally disclaims all obligations and liabilities on the part of Turborev and those for whom it is in law responsible for any damages, including, but not limited to, indirect, special, and consequential damages, attorneys' and experts' fees, and court costs (even if Turborev has been advised of the possibility of such damages, fees or costs), arising out of or in connection with this Agreement.

10.3 In no circumstance will Turborev be liable to the Publisher for any consequential, indirect, special, punitive or incidental damages or lost profits of the Publisher or the Publisher's successors or assigns (including without limitation claims for loss of goodwill, use of or reliance on the services provided hereunder, stoppage of other work or impairment of other assets) arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Without limiting the foregoing, Turborev will not be liable for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, actions or inaction of Publisher or third parties, Publisher's equipment or software and/or any third party equipment or any other condition affecting production or delivery in any manner beyond the control of Turborev.

11. Termination

11.1 Turborev may terminate this Agreement, at any time, on six (6) hours Notice to the Publisher. The Publisher may terminate this Agreement, at any time, on forty-eight (48) hours Notice to Turborev.

11.2 Notwithstanding termination of this Agreement for any reason, the Publisher covenants and agrees that it will continue to be bound by the terms and conditions set out in Sections 5, 7 and 8 of this Agreement.

12. General

12.1 The Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the Province of British Columbia. The Publisher agrees to the exclusive jurisdiction of the Supreme Court of British Columbia with respect to any dispute arising as a direct or indirect consequence of this Agreement.

12.2 Turborev may assign this Agreement without the Publisher's prior consent. The Publisher may not assign this Agreement without the express written consent of Turborev, which consent may be unreasonably and arbitrarily withheld.

12.3 From time to time, Turborev may amend, supplement or replace this Agreement or the Turborev Policies in part or in whole, on Notice to the Publisher of not less than five (5) business days. If within five (5) days following Notice of such amendment, supplement or replacement the Publisher has not terminated this Agreement, the Publisher will be deemed to have consented to the same.

12.4 Any notice or other communication ("Notice") permitted or required by this Agreement will be in writing and given by personal delivery or transmitted by facsimile or electronic mail to the receiving party at the address noted on the first page of this Agreement. Any such Notice will be deemed to have been received on the date on which it was transmitted by facsimile or delivered.

12.5 No term or condition of this Agreement will be deemed waived and no breach excused, unless such waiver or consent excusing the breach is in writing and signed by both parties.

12.6 In the event that any term, covenant or condition of this Agreement is declared indefinite, invalid, illegal or unenforceable by a court having jurisdiction then this Agreement with respect to the remaining terms, covenants or conditions will continue in force.

12.7 This Agreement will inure to the benefit of and be binding upon the respective successors, heirs and assigns of both Turborev and the Publisher.

12.8 This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement, supersedes any previous or contemporaneous representations, negotiations, understandings, and agreements, oral or written.
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