Ochanoko-net:Affiliate Partner Agreement

1. GENERAL
This Ochanoko-net Affiliate Partner Agreement ("Agreement") determines the connection between an operator of a website ("Partner", "you" "your" of "Partner's Site"), which displays an advertisement using Ochanoko-net Affiliate Programs ("Program") provided by Ochanoko-net ("OCNK" and , "we", "us", "our") and OCNK.
2. PROGRAM
  1. In this Program, Partner puts an advertisement which links to Ochanoko-net website on Partner Site and if a person who visits Partner Site (Visitor) clicks the advertisement, a commission prescribed in the following article.
  2. Partner can review data, including types of compensation we provide and commission amounts on the Operation Screen provided by OCNK ("Operation Screen").
3. COMMISSION
A commission prescribed in Article 5 is generated only when a person visits Ochanoko-net clicking an advertisement on Partner Site, registers with us, and then becomes a paid member after the free trial period. In the following cases, however, commission is not paid.
4. ACHIEVEMENT CONFIRMATION
  1. The Achievement means, of all possible referrals, only referrals which recorded in our server. If a referral fails to be recorded for some reason, such as natural disasters or other extraordinary circumstances, the referral is confirmed at our judgment based on our data or the data declared by Partner. Partner may not protest this judgment and request disclosure of the reason.
  2. Achievement Confirmation procedure means that we determine whether to approve each referral.
  3. Approved Achievement means, of all possible referrals, a referral which is approved through our Achievement Confirmation procedure and generates commission.
  4. Standards of Achievement Confirmation is determined by OCNK. Partner may not protest our judgment and request disclosure of the standards of Achievement Confirmation.
5. PAYMENT OF COMMISSION
  1. OCNK pays commission for each Approved Achievement for the amount displayed in the Ochanoko-net website to Partner
  2. If the commission for the current month is less than USD50.00, it will be carried over to the next month.
  3. OCNK closes our books on the 25th of each month and arranges for payment to bank account which Partner designates 2 months later, on the 15th. We ask that Partner incurs the bank charge. If your bank is closed on the 15th, you receive your commission on in your bank account on the bank's next business day.
  4. If Ochanoko-net user is late in paying, OCNK may withhold our payment to Partner. If Ochanoko-net user does not pay service fees to us, OCNK may withhold or stop payment to Partner.
  5. If Partner fails to notice necessary information in accordance with this Agreement or violates this Agreement, OCNK may stop payment to Partner.
6. OBSERVATION
  1. OCNK observes whether Partner uses this Program in accordance with this Agreement at our discretion.
  2. If OCNK judges from observation that Partner acts wrong or is likely to act wrong , OCNK reserves the right to refuse all or a part of payment to the Partner.　OCNK also reserves the right to terminate the Partner with no prior notice, to claim damages and even to lodge a criminal complaint if we judge that the case is malicious. Partner may not protest this treatment.
7. INTERRUPTION, SUSPENSION AND CHANGE OF SERVICE
  1. OCNK may tempoarirly suspend this Program for periodic or emergency system maintenance and repair which OCNK deems to need to perform.
  2. The OCNK determines that interruption or suspension of operation of the Ochanoko-net Service has become necessary
  3. OCNK may change this Program with no prior notice to Partner, provided, however, that the OCNK shall provide subsequent notice to Partners in writing or using a method it deems appropriate.
  4. You agree to OCNK may change this Program with no prior notice, and also agree that if commissions could result in a lower commission amount, You may not protest this determination and OCNK has no liability for any damage.
8.PARTNER'S OBLIGATION
  1. You may not engage in any conduct which could or do infringe the copyrights or other rights or any other illegal act in Partner's Site. In the event of any problems in Partner's Site, You must resolve such problem at your own liability and expense and hold OCNK, harmless from any damages.
  2. If You are detrimental to receive this Program, or if You finds any other problem, you must notify OCNK. OCNK has no liability for damages arising from your failure to do so.
  3. You are responsible for management of your ID/password. You may not misuse ID/password and have third persons know or us ID/password.
  4. You may maintain and update the information you provided to us when registering with this Program, so that such information remains current, complete and accurate. OCNK has no liability for damages arising from your failure to do so.
9. PROHIBITIONS
  1. You may not describe words to compel Visitor to click an advertisement to generate commission, to lead Visitor to click it in our unintended methods, to infringe our fame or trust, or to explain details of this Program, or to reveal commission amount.
  2. You may not display a number of advertisements and in wrong way, click advertisements falsely, or engage in any conduct generating commissions so that You or a third persons can receive commissions. OCNK forbid any conduct that the we deem inappropriate.
  3. You may not accept third person's requests and engage in conduct such as order and registration by proxy that results in generating commissions.
  4. You may not modify or have a third person modify a HTML code to display an advertisement which OCNK provides, even after deregistration.
  5. You may not use a HTML code to display an advertisement which OCNK provides in websites other than You Site which OCNK approved, even after deregistration.
10. ASSIGNMENT
You may not transfer, lend or offer as collateral to any third party all or any part of your rights or obligations under this Agreement without the prior written consent of the Ochanoko-net Administrator.
11. INFORMATION MANAGEMENT
Regarding handling information which we gain providing this Program, OCNK abides by the Privacy Policy which is set separately.
12.　CONFIDENTIALITY
You may not inform third persons about all technical, job-related and other confidential matters, even after deregistration.
13. COPYRIGHT, ETC.
All copyrights and any other intellectual property relating to this Program belong to OCNK.
14. TERMINATION BY OCNK
  1. After notifying with no peremptory notice, OCNK may cancel the membership of any Partner with respect to which it determines any of the following are applicable. In such cases, the contract for advertising is also terminated. You may not protest this determination and OCNK has no liability for any loss or liability suffered by you and third persons resulting from this treatment.
    • (1)The actual or possible occurrence of natural disasters, force majeure or other extraordinary circumstances.
    • (2)Information reported or delivered to OCNK is false.
    • (3)Contents of Partner's Site that we deem inappropriate.
    • (4)Partner fails to notify OCNK about not fable information.
    • (5)We are unable to make contact you.
    • (6)Partner engages in activities prohibited by this Agreement
    • (7)Partner engages in faithless or untrustworthy activities and OCNK deems difficult to continue the contract.
    • (8)Partner is deemed not to sign in to the operation screen, Partner is deemed to deliver no advertisement, or an advertisement is deemed not to be clicked for over 1 year.
    • (9)OCNK determines that User is unacceptable as a Partner.
  2. When Partner is unregistered in accordance with the Article 2.1, OCNK will not pay commissions to Partner.
15. TERMINATION OF ADVERTISING
If either you or we offer termination of affiliation, the contact for advertising is terminated. Commissions are paid after they are calculated as per normal.
16. TERMINATION BY PARTNER
  1. You may cancel your registration at any time.
  2. Your registration deleted and contract for advertising is also terminated.
17. UNPAID COMMISSION
  1. In accordance with the Article 16, when you cancel your registration, your registration is deleted. You agree to resign a claim and not to receive payment of unpaid commissions, if the total amount of unpaid commissions is less than USD 50.00.
  2. OCNK will inform you if we cannot pay to a PayPal account which you designate. When your PayPal information is not updated after our notice, you are deemed to agree to resign a claim and not to receive payment of unpaid commissions.
18. LIMITATION OF LIABILITY
OCNK shall have no liability for any damages of Partner arising from this Program for any reason.
19.　INDEMNITY LIABILITY
  1. When you hurt or damage OCNK, you must indemnify us for loss.
  2. You are responsible for resolving any problem with third parties at your liability and if this causes loss to OCNK, you must indemnify us for loss.
20. COMMUNICATION
  1. We give any notice and information to Partner by posting on our home page and/or electronic mail.
  2. When we give notice to Partner by electronic mail, it is deemed to reach Partner on the day when we send out the electronic mail.
  3. You must update your information, in the event of change in your e-mail address. We deem our notice and information to be given to you by sending out notice and information, even if our notice and information do not reach you because of your failure to do so.
21. FORCE OF THIS AGREEMENT
This Agreement shall be effective as of the time when Partner agree to this agreement and applies for this Program.
22.JURISDICTION
Japanese law shall apply to this Agreement, its formation, validity, performance and the interpretation thereof. The court having jurisdiction over the location of OCNK shall be the District Court of Kobe, the court of initial exclusive consensual jurisdiction for disputes arising between Partner and OCNK.
23. MODIFICATIONS TO AGREEMENT
OCNK may amend this Agreement from time to time. Partner is deemed to approve the contents of such amendments, unless you offer deregistration within 2 weeks after we give notice by writing or using a method it deems appropriate. will be posted on the Ochanoko-net Service home page,
  • Original Version: June 15, 2004