the days of handshakes are over, and you must protect yourself. I know this first hand for a fact. Sixteen (16) years in the business of dealing with legal matters tells me everyone doing any business should have this in their system just as they have spell check and a thesaurus."
company name AFFILIATE TERMS AND CONDITIONS The purpose of this Agreement hereafter referred to as the Agreement is to set forth company names Affiliate Terms and Conditions. Terms and Conditions This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of company name and the establishment of links from your affiliate web site to our web site web site domain URL. As used in this Agreement we us. our or Company means company name and you or your means the Affiliate and Product means any and all items offered for sale by us on the company name web site. THIS IS LEGAL AGREEMENT BETWEEN YOU AND company name. BY CLICKING THE AGREE BUTTON ON THE AFFILIATE APPLICATION YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. 1. Enrollment in the Affiliate Program. To begin the enrollment process you will submit completed Affiliate Application via our web site. Once your application has been approved you will receive your affiliate code and password to allow you to start marketing the Company products. We may reject your application if we determine in our sole discretion that your site is unsuitable as an Affiliate for any reason including but not limited to if your site incorporates images or content that is in any way unlawful harmful threatening defamatory obscene; harassing or racially ethically or otherwise objectionable; such as sites that facilitate illegal activity; depict sexually explicit images; promote violence; promote discrimination based on race sex religion nationality disability sexual orientation or age; promote illegal activities or incorporate any materials that infringe or assist others to infringe on any copyright trademark or other intellectual property rights collectively Content Restrictions 2. Using Our Links on Your Site. Link means hyperlink to the Company web site that is copied and pasted from your individual password protected affiliate administration area on our site. If the HTML code is altered in any way after copying from that web page we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
As an affiliate site Affiliate Site we will make available to you banners button links to our web site and or text links to our web site containing Company logo and words identifying Company. In using the links you agree that you will take full responsibility in maintaining all such links. All Affiliate Sites shall display such graphic images prominently throughout your site as you see fit and with our consent. You shall not alter modify or expand the links in any way without our written consent. Each link connecting users of your web site to our web site will in no way alter the look feel or functionality of our web site. We have the right in our sole discretion to monitor your web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. Affiliate should place the appropriate copyright and trademark notices. You are allowed to use the prices of the Company products on your web site but you are responsible for keeping your information on pricing up to date as Company from time to time will post specials discounts or change product pricing in their sole discretion. 3. Order Processing. We will be responsible for providing all information necessary to allow you to make appropriate links from your web site to our web site. However all links must be approved by Company. We will process orders placed by customers who follow the links from your web site to the Company web site. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish. We will be solely responsible for all aspects of order processing and fulfillment including order entry payment processing shipping and handling cancellations returns and related customer service. We will track the volume and amount of sales generated by your web site and will make unaudited reports available for your review through your affiliate account on our web site. The form content and frequency of the reports may vary from time to time to our discretion. To permit accurate tracking reporting and fee accrual you must ensure that the links between your web site and our web site are properly formatted. It is your sole responsibility to ensure that the links that you have placed on your web site are always working properly. 4. Commissions. Commissions Commission Rate on trackable online sales are paid on net sales i. e. the net is the remaining amount after any of these deductions. sales tax duty shipping handling credit card fees and similar charges and not including any portion of payment made through the redemption of gift certificates coupons or credits. The Commission Rate is subject to change at any time or from time to time in our sole and absolute discretion. You will be notified of any change in the Commission Rate. Commissions will also be reduced for amounts due to credit card fraud bad debts cancellations charge backs and credits for returned goods. commission will be paid only if the visitor to our web site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our web site cannot be tracked by our system.
Affiliate and Net Sales Percentage 1 Insert 1st tier Commission Policy or Structure Here 2 Insert 2nd tier Commission Policy or Structure Here The above fee schedule is subject to change without notice. Our cookies are non expiring so repeat visitors that do not come directly from your web site will still count toward your commissions if the cookie is not otherwise removed by the user. For sale to generate commission the customer must follow the link from your web site to our web site purchase the Product or Products in question using our online ordering system accept delivery of the item at the shipping destination and remit full payment to us. 5. Commission Payment. Commissions on sales are paid on net sales actually collected from customers. Orders are not eligible for commission due to credit card fraud bad debts cancellations charge backs and credits for returned Products. If commission has been paid the commission will be deducted from future commissions. Commissions will be paid days after the order is fulfilled. All commissions are paid at the end of any given month. The Commission base is subject to change at any time or from time to time in our sole and absolute discretion. You will be notified of any change in the Commission base. All commissions payments are made through PayPal. com unless special arrangements are made for affiliates who do not have access to PayPal. com.
You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program. Company shall not withhold any taxes of any kind from your commission checks. Company is not responsible for resending lost or missing payments past days from payment date. 6. Reports of Sales. You will be given password and have the ability to enter password protected web site to receive your sales statistics on daily basis. 7. Policies and Pricing. Customers who buy Product through the Affiliate Program will be deemed to be customers of Company. Accordingly all Company rules policies and operating procedures concerning customer orders customer service and sales will apply to those customers. We may change our policies and operating procedures at any time. For example we will determine the prices to be charged for Product sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect items that you already have listed on your web site you will be responsible for maintaining the correct current prices on your web site at all times. We will use commercially reasonable efforts to present accurate information but we cannot guarantee the availability or price of any particular Product. 8. Non Exclusive Limited License and Use of Company Logos and Trademarks.
We grant you non exclusive non transferable revocable right to access our web site through links solely in accordance with the terms of this Agreement and solely in connection with such links to use our logos trade names trademarks and similar identifying material collectively Marks solely for the purpose of selling Product on your web site for Company. You may not alter modify or change the Company logos trademarks or any other text content provided to you through the Company affiliate section. The use of any of the logos trademarks or text content are only extended to members in good standing in the Company Affiliate Program. If you see logos trademarked items or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your web site you may not use them without prior written permission. Permission is not to be construed as Company giving you any legal ownership or rights to these logos trademarks or text content. Companys own use of any logos trademarks or text content in the display or marketing of Company products does not automatically make it acceptable for affiliates to assume usage of same materials is considered acceptable use of such materials for promotion of Company products. Affiliates should assume that ONLY materials directly made available from Company to Affiliate for the purpose of selling product for Company shall be acceptable to use. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement. Additionally we reserve the right to secure the highest position in pay per click and pay per position search engines and advertising sites by submitting bid for URLs or other search terms considered as trademarks sales marks service marks registered trademarks or registered URLs or any variations or abbreviations of same of Company. At no time shall you submit bids or use other methods that would cause listings for your site to rank higher than Company rankings for trademarks sales marks service marks registered trademarks or registered URLs or any variations or abbreviations of same of Company. 9. Publicity Email and Spam Policies. You shall not create publish distribute or permit any written material that makes reference to Company without first submitting such material to us and receiving our written consent. Be careful about your advertising methods using email. Company will not tolerate any forms of Spam. We will hear both sides of Spam complaint but we will remove one affiliate before we risk all affiliates losing email privileges. In the event an affiliate is charged with spamming practices Company shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate.
10. Responsibility for Your Site. You will be solely responsible for the development operation and maintenance of your web site and for all materials that appear on your web site. We shall have no responsibility for the development operation and maintenance of your web site and for all materials that appear on your web site. You hereby represent and warrant to us that materials posted on your web site do not violate or infringe upon the rights of any third party including for example copyrights trademarks privacy or other personal or proprietary rights and that materials posted on your web site are not libelous or otherwise illegal. You must have express permission to use copyrighted material owned by another party or other proprietary material. We will not be responsible if you use copyrighted material from another party or other proprietary material in violation of the law. 11. Term of the Agreement. The term of this Agreement will begin when your affiliate application has been received by Company through the Company web site and you have accepted the Terms and Conditions in this Agreement. This Agreement will end when terminated by either party. The Agreement may be terminated by Company or the affiliate for any reason upon thirty days prior email or written notice or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Company banners images content trademarks etc. on your web site or provide hyperlinks to the Company web site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your web site becomes subject to the Content Restrictions set forth in Section you are not eligible to receive any commission payments even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason you are eligible to earn commission only on sales occurring during the term of the Agreement and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for reasonable time to ensure that the correct amount is paid. 12. Modification. We may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Notice of any change by email to your address on our records or the posting on our web site of change notice or new agreement is considered sufficient notice for notifying you of modification to the terms and conditions of this Agreement. Modifications may include but are not limited to changes in the scope of available commission fees commission schedules payment procedures and Affiliate Program rules. All such modifications shall take effect hours after we serve notice as provided above unless we indicate otherwise. 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 change notice or new agreement on our web site will constitute binding acceptance of the change.
This policy is intended to be used as starting services policy template for online use. Edit as needed for each specific web site and integrate the text into the web site HTML code and reformat as needed. company name DISCLAIMER FOR INTERACTIVE SERVICES company name maintains the interactive portion of their Web Site web site domain URL as service free of charge. By using any interactive services provided herein you are agreeing to comply with and be bound by the terms conditions and notices relating to its use. 1. As condition of your use of this Web Site and the interactive services contained therein you represent and warrant to company name that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms conditions and notices. 2. This Web Site contains one or more of the following interactive services. bulletin boards chat areas news groups forums social networks communities and or other message or communication facilities. You agree to use such services only to send and receive messages and material that are proper and related to the particular service area group forum community or other message or communication facility. In addition to any other terms or conditions of use of any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities you agree that when using one you will not. Publish post upload distribute or disseminate any inappropriate profane derogatory defamatory infringing improper obscene indecent or unlawful topic name material or information.
Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents. Upload files that contain viruses corrupted files or any other similar software or programs that may damage the operation of anothers computer. Advertise any goods or services for any commercial purpose. Offer to sell any goods or services for any commercial purpose. Conduct or forward chain letters or pyramid schemes. Download for distribution in any manner any file posted by another user of forum that you know or reasonably should know cannot be legally distributed in such manner. Defame abuse harass stalk threaten or otherwise violate the legal rights such as rights of privacy and publicity of others. Falsify or delete any author attributions legal or other proper notices proprietary designations labels of the origin source of software or other material contained in file that is uploaded.
Restrict or inhibit any other user from using and enjoying any of the bulletin board services chat areas news groups forums communities and or other message or communication facilities. 3. company name has no obligation to monitor the bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities. However company name reserves the right at all times to disclose any information deemed by company name necessary to satisfy any applicable law regulation legal process or governmental request. company name reserves the right at all times to edit refuse to post or remove any information or materials in whole or in part. 4. You acknowledge that communications to or with bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities are not private communications therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. company name does not control or endorse the content messages or information found in any bulletin board services chat areas news groups forums social networks communities and or other message or communication facilities and specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators forum managers or hosts none are authorized company name spokespersons and their views do not necessarily reflect those of company name. 5. The information products and services included on this Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. company name may make improvements and or changes in this Web Site at any time. Advice received via this Web Site should not be relied upon for personal legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 6. company name makes no representations about the suitability reliability timeliness and accuracy of the information products and services contained on this Web Site for any purpose. All such information products and services are provided as is without warranty of any kind.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. Binding Effect. This Agreement shall be binding upon all who use company names services property and other assets mentioned in this agreement with respect to this Web Site and associated content and it supersedes all prior or contemporaneous communications and proposals whether electronic oral or written with respect to this Web Site. printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies products people characters and or data mentioned herein are not intended to represent any real individual company product or event. Any rights not expressly granted herein are reserved.