This Agreement contains the terms and conditions that apply to your participation as an Affiliate in the Popyeah Affiliate Program and to the establishment of links from your affiliate Web site to our Web site, www.popyeah.com.

If you use our banners or our interface or you use any of our examples it means that you read, accepted and agreed with terms of this Affiliate Agreement.

You will be solely responsible for the development, operation, and maintenance of your site, for all materials that appear on your site and ensuring that the link works correctly. You are solely responsible for ensuring warranting that materials posted on your site are not defamatory, obscene, profane or pornographic or in any way violate any applicable law. To the extent permitted by applicable law, we disclaim all liability for these matters. You will indemnify, hold harmless and, at our request, defend us from and against any claims, damages, and expenses (including, without limitation, reasonable attorneys fees) relating to your obligations in terms of this clause.

You agree that your site will not, in any way, copy or resemble the look and feel of our site, nor will you create the impression that your site is our site or is a part of our site, nor will you frame any page on the Popyeah site being viewed by a user of your site.

You also agree that your site will not contain any content from our site or any materials that are proprietary to Ganymede, except with our prior permission.

The term of this Agreement will end when terminated by either party. Either you or Ganymede may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.

We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. We may change our policies and operating procedures at any time.

The parties of this Agreement 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.

Trademarks and Logos

WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO USE THE POPYEAH TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO US BUT ONLY IN THE FORMS THAT WE PROVIDE FOR THE SOLE PURPOSE OF LINKING YOUR SITE TO OUR SITE. GANYMEDE RESERVES ALL RIGHTS IN OR TO ITS TRADEMARKS AND SERVICEMARKS WHICH MAY BE USED BY AFFILIATE IN ACCORDANCE WITH THIS AGREEMENT.

Limitation of Liability

GANYMEDE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Sole Remedy

IF ANY ASPECT OF THE PROGRAM IS OR BECOMES UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.