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Wednesday, 16 September 2009 04:55

Terms of Service

Internet Niche Lab ("Internet Niche Lab" or "we" or "us") uses this Website to operate an Member marketing network over the Internet (the "Net"). The word "our" is a possessive pronoun referring to Internet Niche Lab.

While certain areas of this Website may be accessed and viewed by members of the public, not all visitors to this Website may use our network. The Internet Niche Lab network is available for use only by persons or entities that join the network as either a "Member"/"Advertiser" or a "Member"/"Publisher".

Only persons or entities that operate Websites through which they conduct a business are eligible to become members. Members must be corporations or other legal entities or adults (at least of the legal age to be able to enter into agreements in the jurisdiction in which they reside) that also operate Websites which they use to conduct a business or generate revenues. In order to become a Member, a person or entity must apply for membership and have the application accepted by Internet Niche Lab.

We do not gather information about or from visitors to or users of this Website solely as a result of such visits or usage, other than from (i) persons or entities whom we allow to join a network as a Member pursuant to an "online" agreement that the Member can review on the Member registration page on this Website and agree to by clicking on a button on that page (a "Member Agreement") and (ii) persons or entities whom we allow to join a network as a Member pursuant to an "online" agreement that the Member can review on the Member registration page on this Website and agree to by clicking on a button on that page (a "Member Agreement").

Since our network is membership-based, members must enter into an agreement with Internet Niche Lab in order to join and use our network, and because we do not gather information from visitors to our Website who are not members with effective agreements, we do not have a generally applicable "privacy policy" that applies to all users of this Website. Instead, each of our agreements with members contains terms that set forth the obligations of Internet Niche Lab with respect to the use and disclosure of the information that we gather from our members. In some cases, those terms reflect negotiations that occur between Internet Niche Lab and the Member; therefore, the terms are not necessarily the same for every individual member of our network who uses this Website.

Information About members

We use "template" form of agreement to enroll members. That template changes from time to time and, in some cases, may incorporate network policies that we publish on this Website.

Internet Niche Lab's rights and obligations with respect to the disclosure and use of the information we gather about any Member are governed by the Member Agreement, which the Member agrees to when signing up.

In order to join our network as an Member, a person or entity has to apply for membership by completing an "online" application on this Website. The online application requires personally identifiable information about the applicant. The application form may be viewed by clicking on the Member registration page of this Website. Besides the information that we gather by means of the online application, we may obtain a great deal of personally identifiable information about a Member through a variety of online or offline means. That information includes the Member's contact information, as well as information about the business conducted by the Member on its Website related to the use of our network, including information about the online marketing strategies and plans and the kinds and volumes of transactions conducted through our network generally and with specific members.

Internet Niche Lab's rights and obligations with respect to the disclosure and use of the information we gather about any Member are governed by the Member Agreement that we enter into with that Member. Usually, that Member Agreement is an "online" form that, as a condition to joining our network, we require each Member to accept by clicking on a button on the Member registration page of our Website used for the particular Website. In a few special cases, the Member Agreement may be a paper document that is manually signed and physically delivered.

We post on the Member registration pages of this Website our "template" form of agreement by which we enroll Members. That template changes from time to time and may incorporate policies that we also publish on this Website. Each prospective Member is encouraged, and has the opportunity, to review the template and any incorporated policies, including their terms that define the respective obligations of Internet Niche Lab and the Member regarding use and disclosure of confidential information and privacy.

All applications for membership as an Member are subject to Internet Niche Lab's acceptance. If we do not accept an application, then we may (but have no obligation to) retain the information that the applicant provided in the online application, but we will not disclose it to third parties except as follows:

  • We may disclose it to government agencies or officials or other third parties if we believe such disclosure to be required or compelled under applicable law or regulations or legal process.
  • We may disclose it to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on our part to independently confirm that such agencies or officials are legally entitled to such disclosure.
  • In the event that Internet Niche Lab sells or transfers ownership, operation or control of its Network or engages any sub agreement or agent to operate the Network or provide any service related to the Network, Internet Niche Lab reserves the right to transfer or disclose all of its data to the buyer, sub agreement or agent.

If we accept an application for membership in our network as a Member, we do retain the information that the applicant provided in the online application. We may also obtain other information about our Members during the course of their usage of our network, including, but not limited to, information about the volumes of business they conduct through the Network with members or others. We may, but are not obligated to, retain the information that we obtain about any Member after that Member leaves the Network.

We may use and disclose the information we have or acquire about any Member as provided in the Member Agreement, which such Member enters into with Internet Niche Lab. The template form of Member Agreement gives Internet Niche Lab broad discretion in using and sharing the information that Members provide to us, including the right to furnish any or all of that information to members or other third parties. Internet Niche Lab is not responsible or liable for any use or disclosure by any Member or other third party of information about any Member that we furnish.

Ordinarily, each Member who participates in the Member marketing program of a Member has to separately join that program. A Member may require an Member applying to or participating in its program to provide information to the Member. Any Member's use of Member data, however obtained, is governed by that Member's own agreement, if any, with that Member and by its own privacy policies, if any. Internet Niche Lab is not responsible or liable for any use or disclosure of any such information by the Member or any third party. If the Member provides Internet Niche Lab with any data about any Member, then that Member is solely responsible for ensuring that its provision to us is consistent with that Member's own privacy policy, own agreement with such Member, applicable legal requirements of other obligations or commitments of such Member to such Member. To the maximum extent permitted by applicable law, Internet Niche Lab expressly disclaims any obligation or liability to any Member with regard to any use, storage, processing or disclosure of any data about that Member that Internet Niche Lab obtains from any Member or any third party.

Data about Customers of Members

In providing our services, Internet Niche Lab does not deal directly with the customers of members or Members. We enable members and Members to create links between their own Websites. A visitor who clicks on a Member's banner or other promotion on an Member's Website is redirected, through our Website, to the Member's Website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Member to compensation from the Member. As a result of such redirection through our Website, our technology automatically records the IP (Internet Protocol) "address" of the browser used by the visitor, but that address simply identifies the browser used, and does not permit identification of the individual using the browser. In addition, during such redirection, we may place a "cookie" on the hard drive of the visitor's computer through his or her Internet browser. Cookies are alphanumeric identifiers that enable the systems used by the Website operator who places the cookie to recognize the visitor's browser. In connection with certain features of our services to members, we use cookies in order to determine whether and when a "cookied" Internet browser is used to return to the Member's site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or click-throughs to a website, but do not permit us to determine the identity of any user of that browser or gather any other personally identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number. We may use additional cookies in the future.

In order to provide reports to a Member in its Member program conducted through our network, we need basic data about the kinds and volumes of Internet user activities that occur as a result of the links created through the network, but we do not need data that identifies or permits the identification of any customers or Website visitors of a Member. We do not intentionally obtain any personally identifiable data about any of such customers or visitors through our technology or services, unless the Member elects to furnish it to us or authorizes us to obtain that data. Our rights and obligations with regard to that information, therefore, are solely defined by our agreement with that Member and are solely to that Member, and we do not, through these policies or otherwise, make any promise or undertake any obligation directly to any user of any Member's Website with regard to any use or disclosure of that information. Each Member is solely responsible for establishing its own privacy policy, communicating that policy to the users of its Website and ensuring that any access to, processing, storage and use by Internet Niche Lab, in accordance with the applicable Member Agreement, of any data about those users is consistent with that Member's own privacy policy, applicable legal requirements of other obligations or commitments to such users. To the maximum extent permitted by applicable law, Internet Niche Lab expressly disclaims any obligation or liability to any user of any Member's Website of any nature, including with regard to any data about that user that Internet Niche Lab obtains, processes, stores, uses or discloses.

Changes to Our Privacy Policy

To the maximum extent permitted by applicable law, Internet Niche Lab reserves the right to change or replace this Privacy Policy at any time and from time to time without prior notice to or the consent of any person. Any changes or replacement will be posted at this site.

Questions and Comments About Our Privacy Policy

Persons already enrolled as members in our Network who have questions or comments about this Privacy Policy or the relevant provisions of their Member Agreement should contact their Member Program Manager. Prospective members should also contact their Internet Niche Lab Member Program Manager to discuss any such questions or comments.

Existing or prospective Members and others who have questions or comments about this Privacy Policy may contact us by email.

 

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