This Agreement governs participation in Singme’s Affiliate Program. As used in this Agreement, "we" (and "us" and "our") means Singme! and "you" (and "your") means the Affiliate. "Site" means a World Wide Web site and, depending on the context, refers either to our site at http://www.Singme.com or to your site.

Once you are accepted into the Program, you will be able to participate in the Program subject to the Terms and Conditions of this agreement. You should also note that if you are accepted to participate in the Program and your Site is thereafter determined (in our sole discretion) to be unsuitable based on our criteria (please see below), we may terminate this Agreement.

1. You hereby represent and warrant that you are of legal age of consent in all applicable jurisdictions, or at least 18 years of age.
   
   
2. You have to fill up and submit the online application form. All applications will be evaluated and approved applicants will be notified by email. We may reject your application after initial approval if we determine (in our sole discretion) that your Site is unsuitable for the Affiliates Program.

   Unsuitable sites include, but are not limited to, those that:

   • Infringe trademark rights of yours or any third party or otherwise violate the rights of any third party
   • Contain sexually explicit materials
   • Contain hate/violent/offensive content
   • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
   • Promote illegal activities or otherwise violate any applicable laws, including those targeting “spyware”, “adware” or SPAM
   • Contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines
   • Do not clearly state an online privacy policy to its visitors
   • Otherwise are considered offensive or inappropriate at Singme’s sole discretion

   Rejected applicants may reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined at our sole discretion to be unsuitable for the Program, we may terminate this Agreement.

3. By becoming a Singme! Affiliate, you will be permitted to display links, banners and tracking URL's and/or Singme! products with an affiliate ID number, on your web site. You will then have an opportunity to earn a commission on any customer purchasing our products that followed your links.
   
   
4. Subject to the other terms of this Agreement, you will earn 15% of "Qualifying Revenues" (defined below) from sales of all "Qualifying Products" (defined below) units sold during sessions initiated through "tagged" links on your site.

   "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Product units, excluding costs for shipping, handling, taxes, service charges, credit card processing fees, returns and bad debt.

   A "Singme! Qualifying Product" is a "Qualifying Product" that appears in our general catalogue and is sold and fulfilled by us or on our behalf.

   "Eligible Earnings" are any Base Commission Fees you may earn in any calendar month based on "Qualifying Revenues" from the sale in that calendar month of Qualifying Products.

5. The commission will be credited only when the payment for the service is cleared. If the customer requests a refund at a later time, or if the credit card company later reverses the charge due to fraudulent or illegal use of the card, the original commission credited will be deducted from future commissions. You understand and agree to the payment procedure and schedule of commissions as outlined on our FAQ pages.
   
   
6. Singme! may use digital right management technology to protect its and its licensor's intellectual properties. You agree to not alter, extract, remove or tamper in any way with the DRM in files you download from this website.
   
   
7. Customers referred by you to Singme! are yours for “life.” “Life” is defined as the life of the Website/Service. Once you send a customer to us, we take every precaution to ensure any future sales from that customer will be credited to you.
   
   
8. Your commission will be paid when it exceeds $100 on a monthly basis, and such payment will be issued as a check by registered mail to your address, via wire transfers or by other electronic payments systems.

   If you will be paid by check, we will not be responsible for your inability to cash the check or a loss of the amount due to exchange rates. We will also not accept responsibility for clearing the check at your financial institution. It is your responsibility to find a way to cash your check.

   If you choose to be paid by wire transfer, you shall bear all wire transfer charges, which shall be deducted from your commissions. We are not responsible for any other fees or charges that your depository bank may impose.

   All amounts will be paid in United States Dollars. We are not responsible for changes or losses due to fluctuation in exchange rates.

   If you wish to be paid in a currency other than US Dollars, payment will be made in the currency requested on a best effort basis.

9. Any tax liability on the amount of commissions received will be your responsibility. We do not employ you nor are you entitled to any benefits normally found in an employer/employee relationship. You are required to claim the commissions earned from us on your tax return.
   
   
10. The term "affiliate" does not imply any formal association with Singme! and the Affiliate does not have any explicit right to our products, logos or trademarks, patent or intellectual property rights. You may not alter, modify or change any materials provided to you by Singme! for the purpose of participation in this program.
    
    
11. You are not permitted to represent Singme! in any way other than displaying a banner on your web site, including our links, referring our products to legitimate business contacts, or using any of the tools we provide to advertise our products. You must represent our products in a positive and professional manner.

    The graphic image and text we provide you in connection with this Agreement is owned by us and you are hereby given a limited, nonexclusive, and revocable license to use the graphics and text. You may not modify or alter them in any way.

12. You shall not send out any emails, directly or indirectly, that Singme! advertise or promote Singme!, its products, services, web sites or Offers without Singme’s prior express written consent.

    You agree not to send any email or other form of electronic message or advertisement containing Singme’s or MRM Studios’ name, product or service, web site address, metatag or any other type of identifier to any recipient unless the recipient has directly consented to receive such communication from you or you have a pre-existing business relationship with the recipient. In addition, you agree to provide a recipient of such communication with the ability to “opt out” of further communications by calling a toll free number or by sending an “unsubscribe” email.

13. Singme’s banners and links affiliate system models is dependent on cookie technology being placed in the web surfer's computer. We will not be responsible for any cookie failure that may result in the user's clicks going unregistered. Some web-surfers have disabled cookies on their web browser (a very small percentage). There is no way for us to track a sale that came from a customer with disabled cookies.
    
    
14. It is your responsibility to make sure that Singme’s codes are properly placed on the affiliate site; Singme! is not responsible for ensuring that the codes are properly displayed and customized.
    
    
15. You must not use any unsolicited bulk email or off topic newsgroup postings to promote Singme! in any way as per your agreement to the terms of use of this program. All types of spamming (unsolicited commercial emails) is strictly prohibited! Violator's account will be immediately closed with no commissions paid and information about such person will be disclosed upon request.
    
    
16. We will periodically send out reports, newsletters, training tips, and sales information by email. You will agree to accept these newsletters and messages.
    
    
17. You may not "refer yourself" for any sales. That is, you cannot initiate a sale for yourself by using your Singme! ID. Any affiliate found doing this would be subject to immediate dismissal from the Affiliate Program.
    
    
18. Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information including, without limitation, the terms of this Agreement, Singme’s or MRM Studios’ business and financial information, its customer lists, and its pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.

    Singme! shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting Singme! site/s (”Customer Data”) which is collected by Singme!, including without limitation, customers who access Singme! sites through Qualifying Links, and you shall have no right to use any such Customer Data.

19. The term of this agreement will begin automatically upon your submitting of this registration form and your acceptance by us through email as an Affiliate and will end upon termination by either party. We reserve the right to review your site and terminate individual agreements at our own discretion. You will be notified by email and no explanation for the termination will necessarily be given. After termination by either party, you will be paid your existing commissions to date. Upon termination of this agreement you will cease all use of materials provided to you by Singme! including links, tracking URLs and banners and destroy or return them.
    
    
20. Each party represents to the other that it has the authority to enter Singme! Affiliate Program into this Agreement and sufficient rights to grant any licenses granted hereby.

    You represent that: (a) the contents of its Web site do not (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) contain defamatory or libelous material; (iv) contain lewd, pornographic or obscene material; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (b) that Affiliate has and complies with a privacy policy consistent with US federal and state laws and regulations, which is prominently displayed on its Web site.

    EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

21. You will be solely responsible for the development, operation and maintenance of your Site and all materials that appear on it, ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and that the materials posted on your Site are not libelous, offensive, or otherwise illegal. We specifically disclaim all liability for your Site. You will indemnify and hold MRM Studios Inc, the operator of the Singme! website, its subsidiaries, officers, and employees free and harmless from any and all claims, liabilities, damages costs and expenses relating to the development, operations and maintenance of your Site.
    
    
22. We reserve the right to change or modify the terms of this Agreement or terms and conditions of use of the Affiliate Program, at any time and with our sole discretion, by posting a change notice or a new agreement on our site and by sending you a written notice by mail or email. Modifications may include the prices of our products and services, commission amount, schedule or payment procedures or rules regarding participation in the program.
    
    
23. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day’s prior written notice of such termination to the other party. In addition, Singme! shall be entitled to terminate this Agreement immediately if you materially breach or violate any terms or conditions of this Agreement, or if Singme! determines, in its sole discretion, that there are technical or operational issues (e.g. interruptions caused by or shifts in online/Internet technology) that adversely affect compliance with this Agreement, or the orders/referrals were obtained fraudulently or through misrepresentation, in which case Singme! reserves the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation. However, all rights to payment, causes of action and any provisions, which by their terms are intended to survive termination, shall survive termination of this Agreement.
    
    
24. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
    
    
25. SINGME! DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SINGME! AFFILIATE PROGRAM. SINGME! DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT SECURITY METHODS EMPLOYED WILL BE SUFFICIENT OR REGARDING CORRECTNESS ACCURACY AND RELIABILITY.
    
    
26. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY LOSS OF PROFITS REVENUE, DATA OR SERVICE ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OUR SITE OR SERVICES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR WHETHER WE WERE ADVISED OF SUCH A POSSIBILITY IN ADVANCE. OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE PROGRAM, OUR PRODUCTS OR OUR SITES WILL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES OR COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
    
    
27. This Site/Service is owned and controlled by MRM Studios Inc. from its offices in the Philippines. You agree that this Agreement shall be interpreted in accordance with the laws of the Philippines. Any dispute relating to this Agreement shall be heard in any competent court in Makati City, Philippines.