To begin the
enrollment process, you will submit a complete Affiliate Application
form. We will evaluate your application in good faith and
will notify you of your acceptance or rejection, usually within
24 hours. (you can re-apply at any time).We may reject your
application if we determine, in our sole discretion, that
your site is unsuitable for the Program. Unsuitable sites
include, for example, sites that:
- promote sexually
explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age
- promote illegal activities or violate intellectual property
rights
- or from applicants who we prefer not to be associated with
We grant you
a non-exclusive, revocable right to use our present banners
and other such images for which we grant express permission,
for the purpose of identifying your site as a program participant
and linking to our site. You may not modify the banners or
any of our images in any way without our express permission.
We reserve
all of our rights to our trade names and trademarks and all
other intellectual property rights.
SPAM
(unsolicited email)
We will not
tolerate the sending of unsolicited bulk emails which promote,
or make reference to [Your Company], or any of its associated
companies, Partners, or employees. Other prohibited forms
of advertising include postings to non-commercial newsgroups
and cross-posting to multiple newsgroups at once. In addition,
Affiliates may not advertise in any way that effectively conceals
or misrepresents their identity, their domain name or their
return email address.
Any Affiliate
who, in our opinion, breaches this ruling will have their
Affiliate status cancelled immediately and any and all outstanding
commissions WILL BE FORFEITED.
Stay
Safe, Don't SPAM.
We will NOT
revoke affiliate status to avoid payment of owed or future
commissions.
UNPROFESSIONAL
CONDUCT
[Your Company]
and its associated companies operate with the strictest codes
of professional conduct. Any Affiliate who brings [Your Company]
or its associates into disrepute, or who promotes any form
of slander, racism, or unfair business practices, will have
their Affiliate status cancelled and any outstanding commissions
WILL be forfeited.
We reserve
the right to reject any affiliate application if in our opinion,
that person or company violates established laws or commonly
held standards of decency.
An affiliate
who ignores warnings to cease and desist any activities we
deem negligent, inappropriate, or harmful to [Your Company]
and or other affiliates will be terminated.
ORDER
PROCESSING
We will be
solely responsible for processing every order for our products.
Customers will use our secure online ordering process. Order
forms, payment processing, shipping, cancellations, returns,
and related customer service are our responsibility.
All of our
rules, operating procedures and policies regarding customer
orders and accounts will apply to orders we receive through
special links on your site. We reserve the right to reject
any order that does not comply with our rules, operating procedures
and policies.
Every customer
who buys a product through this program is deemed to be a
customer of ours. You do not have the authority to make or
accept any offer on our behalf. All our policies regarding
customer orders, including product availability, pricing and
problem resolution, will apply to these customers. We are
not responsible for any representations made by you which
contradict our policies.(See "Policies/Contact"
link at bottom)
** You CAN
order our products for your OWN PERSONAL USE through YOUR
affiliate link! (This, in effect, gives you a 10% "discount"!)
TRACKING
OF SALES
We will be
solely responsible for tracking sales we make to customers
who follow links from your website. We use AffiliateShop.
Statements
of your sales activity will be available to you in "realtime"
with a special URL that we assign to you. Accessible 24 hours
per day and 7 days per week. You may access these stats via
a password and username we assign.
Only two entities
may access your stats and affiliate information. That would
be you, and us ([Your Company]).
LINKS
We will provide
you with a unique identifying URL for you to link to. Each
sale or referral that is generated from this URL will be attributed
to you. You will have access to your own private section to
check your stats in Real Time. Your links to the unique URL
can be text links or banner links, or a combination of the
two, at your sole discretion. If you choose banner links,
you must use our banners. We will provide you with a URL of
all our banners, from which you can freely choose. You may
add as many links to [Your Company], or remove such links,
at anytime and without prior approval from us.
** Inactive
affiliates will be removed from participation in the Program.
Inactive means little or no "click-throughs" via
your banner/text links, as monitored via our affiliate program
administrative panel, for a period of sixty (60) days. And/or,
non-placement of affiliate banners/text ads. We will contact
you after thirty (30) days of "inactivity". Efforts
will be made to help and encourage your participation in the
Program.
We will provide
you with instructions on how to properly format the links.
You are responsible for ensuring the links are formatted correctly.
This will ensure accurate tracking of sales for credit to
your account. Every effort will be made to ensure that our
site is functional and available for customers referred to
our site through your "affiliate link".
We have NO
responsibilities with regard to your site. [Your Company]
shall have no liability for any indirect, incidental, special
or consequential damages or any loss of revenue or profits
arising under or with respect to this agreement or the program.
In addition, [Your Company]'s aggregate liability arising
under or with respect to this agreement or the program shall
in no event exceed total referral fees paid or payable to
the affiliate under this agreement.
COMMISSION
AND PAYMENT
We will pay
you 10% of any and all purchases made by a customer referred
by your "affilite link" through our banners or text
links (Not including any applicable sales tax and shipping
charge).
Minimum amount
for payment is fifty dollars ($50). Any amount under this
will be held in your account until the minimum for pay out
is reached. (this is ongoing)
Payment will
be made in the form of a bank check from us (MaxPatch Services),
paid in US dollars. Checks will be mailed within ten days
of the first of the month for the prior month's sales. For
example, commissions for sales made during May will be sent
out on or before the 10th of June. We are not responsible
for paying interest to Affiliates for accrued but not yet
delivered Commission payments.
Payment will
be made out to you and mailed, via U.S. postal mail, to the
address you provide at sign-up. (you will be able to modify
your address and contact info via your private affiliate area)
Any "refunds"
to a customer, referred through your "affiliate link",
will be deducted from your "credited" commission/s.
(The majority of customers gladly accept replacemnt of products.)
Charge backs (None to date!), if any, will be deducted from
your "credited" commissions.
TERM
OF THE AGREEMENT
The term of
this agreement will begin upon our acceptance of your affiliate
program application and your placement of our banner or textual
link on your site and will end when terminated by either party.
Either you or we may terminate this agreement at any time,
by giving the other party written notice of termination. This
will be in the form of "email". You can only earn
refferal fees on sales occurring during the term. We will
never withhold any payment due. Payment of monies owed you
will be payable on the same schedule as stated above for commission
payment. Upon termination of this agreement, the former Affiliate
must remove all Affiliate links and graphics from its web
site, and refrain from publishing same in any manner whatsoever.
INCOME
TAX LIABILITY
You must understand
and agree that you are acting as an independent contractor
and as such will be responsible for your own Income Taxes
and any other tax liabilities that affect the sales of our
products in your state. By law, any commissions in excess
of five hundred ninty nine ($599) dollars must be reported
by us on a Federal Tax form (that's why we ask for your SSAN-social
security number on the sign-up page). You will be sent this
form and are required to sign and return to us before any
'further payment' to you can or will be made.
MODIFICATION
We may modify
any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a new agreement
on our site. Any modifications will ALSO be notified, by email,
to all participating affiliates. If any modification is unacceptable
to you, you may terminate this agreement. Your continued participation
in the program following notification of our new program will
constitute binding acceptance of the change.
RELATIONSHIP
OF PARTIES
You and We
are independent contractors, and nothing in this Agreement
will create any partnerhip, 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. You will not make
any statement, whether on your site or otherwise, that reasonably
would contradict anything written here.
CONFLICTS
AND DISPUTES
As with any
program, a conflict or dispute may occasionally arise due
to tracking, orders, commission calculation, performance issues
and appeals regarding "termination for cause". Below
is outlined who to contact and how to handle any such situation.
- If a concern
should arise, send an email stating your full name, your affiliate
ID, your address and state the specifics of your concern.
Include any dates or numbers that apply. We will investigate
immediately and will reply as soon as possible.
- Though we
will be more than willing to settle the dispute in as fair
a manner as possible we realize this situation may arise.
In this case we will be open to mediation or arbitration to
settle the matter.
- We have NOT
pre-selected a mediator or arbitrator. Should one be needed
we will select a non-biased, third party moderator.
CONTACT
INFORMATION:
E-mail: affiliates@yourcompany.com
, Phone:
mail: [Your Company Address]
PRIVACY
POLICY
It's pretty
simple... We ONLY use the information you submit to maintain
your account. That is, to make your commission payments and
to communicate changes in OUR product offerings. We will NOT
email you with any other company's products... period! We
WILL notify you of new banners and or text links to facilitate
promotion of [Your Company]. We Do Not Now nor Will We in
the future, Sell, Rent or otherwise make your personal information
available to anyone!