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Internet Marketing Services Affiliate Program Management |
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Affiliate Agreement
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Sample Affiliate Program Agreement
1. Definitions
db Creations,
means the
dbCreations.net
orany of the family of dbCreations.net websites.
You and Your:
Means the individual or the legal entity whowishes to become a dbCreations.net Affiliate.
Site:
Means either dbCreations.net, one or all of the websitesmanaged by dbCreations.net or your website, as the case may be.
2. Registration Application
You shall complete the dbCreations.net Affiliate Program
Application
byproviding all requested information in a truthful and complete manner.
3. Application Examination
dbCreations.net shall examine your application in good faith and shallindicate to You by eMail whether your application has been acceptedor rejected.
4. Application Refusal
dbCreations.net may, at its own discretion, reject Your applicationif it believes that:
- Your Site is unsuitable for the Affiliate Program; or
- Your membership as an affiliate is not in the interests of dbCreations.net.
dbCreations.net will reject Your application if Your Site:
- Contains sexually explicit or obscene materials;
- Contains political or religious materials;
- Promotes violence, discrimination, illicitness or any other maliciousactivities;
- Causes or attempts to cause confusion in the public's mind with another site, business, product or service;
- Infringes or is likely to infringe any intellectual property right,title or interest; or
- Causes or is likely to cause damage to dbCreations.net's image, Site,products, services, customers, suppliers or other affiliates.
5. Application Approval
If dbCreations.net accepts Your application, you shall become a non-exclusivedbCreations.net affiliate.
Once your application is approved, we'll send you an e-Mail confirmationwith links to:
- HTML code containing Track-able Links to use on your site linkingto websites.
- dbCreations.net
URL address to monitor your web sites referralsand sales.
- dbCreations.net Logos and Banners to use on your web site
6. dbCreations.net Track-able Link Code
You may use the dbCreations.net Code on one or several pages of yourSite in conjunction with dbCreations.net
logos and banners.You shall be responsible for using the dbCreations.net Code properlyand in its entirety. You may not modify the dbCreations.net Code. Ifyou do, sales to Your visitors might not be registered in Your name,such that commissions would not be payable to you, without you havingany possible recourse against dbCreations.net. Only sales made to Yourvisitors having clicked on the dbCreations.net Link will provide youwith the opportunity to earn the commission set forth in this Agreement.
7. dbCreations.net Link
You shall post at least one visible track-able link on Your Site atall times. However, You may use as many links as You want on Your Site.
8. Order Process Responsibility
dbCreations.net shall have sole responsibility for the dbCreations.netwebsite product ordering process, which said process shall take placein a secure environment.
9. dbCreations.net Website Customers
When visitors arriving from your site via the dbCreations.net linkto buy dbCreations.net products, they shall be considered to be dbCreations.netcustomers and shall be bound by the dbCreations.net Purchase Agreement.
10. dbCreations Visit and Sale Registry
As a dbCreations.net affiliate, You shall have real-time access tothe registry of visits and sales resulting from the dbCreations.netLink on Your Site. The registry is managed and updated by db Creations.
11. Commission Payable by dbCreations.net
You shall be entitled to a commission equal to 15% of the pre-tax amountof any sale made to a visitor arriving from Your Site via the dbCreations.netLink. You shall not be entitled to any commission if your visitor accessesthe dbCreations.net Site without using the dbCreations.net Track-ablelink on Your Site. If dbCreations.net has to reimburse or credit anamount to your visitor, no commission shall be payable in respect ofthat amount. If the commission has already been paid, the amount thereofshall be deducted from the other commissions which are payable to you.
12. Commission Payment Frequency
Your commission shall be payable by check in US dollars, four timesa year, namely, on January 31, April 30, July 31 and October 31. Ifthe commission payable on any of these dates is less than US$100.00,dbCreations.net will carry over the amount of the commission untilthe total amount of the commission equals at least US$100.00, at whichtime dbCreations.net shall send You a check at the next earliest ofthe above-mentioned dates.
13. Affiliate's Site Responsibility
You shall remain solely responsible for Your Site and its development,operation, maintenance and content. Therefore, You expressly releasedbCreations.net from any liability in this regard and agree to do asfollows:
- Indemnify dbCreations.net from and against any damages suffered byit;
- Take up the defense of dbCreations.net if it is implied in, or madea party to, any legal proceedings instituted by a third party and alleginga fault in connection with the development, operation, maintenanceor content of Your Site; and
- Indemnify dbCreations.net and hold it harmless from and against theprincipal amount and interest of any monetary order which is issued,as well as from and against all legal costs and attorney's fees whichdbCreations.net may incur as a result thereof.
14. Use License Granted by dbCreations.net
During the term of this Agreement, dbCreations.net shall grant to Youa non-transferable, non-exclusive, revocable licence to use the followingdbCreations.net logos and banners only in order to do the following:
- Indicate on Your Site that Your Site is a dbCreations.net affiliatesite; and
- Give Your visitors the opportunity to link to the dbCreations.netSite.
You may not modify the dbCreations.net logos and banners, in wholeor in part. You shall comply, at all times, with dbCreations.net intellectualproperty rights, titles and interests (trademarks and copyrights).You may not use the dbCreations.net logos or banners, nor the worddbCreations.net, in a manner which discredits dbCreations.net’sproducts or services, is false or unfair or reduces the value of itsproducts or services.
15. Use License Granted by the Affiliate
During the term of this Agreement, You shall grant to dbCreations.neta non-exclusive and irrevocable licence to use Your name, Site URLand logo, when applicable, in order to do the following:
- Add Your Site to the dbCreations.net on-line affiliate list; and
- Promote the dbCreations.net Affiliate Program.
16. Relationship Between You and dbCreations.net
Given that You and dbCreations.net are independent contractors, thisAgreement shall be binding upon You and dbCreations.net only for thepurposes set forth herein. Consequently, the provisions of this Agreementshall not, under any circumstances, be interpreted as creating anyassociation or partnership between You and dbCreations.net or as conferringany mandate from one party to the other. Moreover, neither You nordbCreations.net may bind the other in any manner whatsoever or in favorof anyone whomsoever, except in accordance with the provisions of thisAgreement.
17. Limitation of Liability
Under no circumstances will dbCreations.net, including its shareholders,directors, officers, executives, employees, associates, authors andsubcontractors, be held liable towards You or any third party for anyindirect, consequential, special, punitive or exemplary damages, including,without limitation, any loss of profits or other economic loss (resultingfrom a contractual or extra-contractual fault or from negligence) inconnection with this Agreement or the dbCreations.net Affiliate Program,even if dbCreations.net has been notified of the possibility of suchdamages.
18. Limitation of Warranty
dbCreations.net shall not provide You with any express or implied warrantywith respect to the following:
- The uninterrupted or error-free operation of its Site;
- The adequacy of the functions and capacity of the dbCreations.netproducts as regards the expectations and needs of Your visitors; or
- The consequences which result or may result from Your membershipin the dbCreations.net Affiliate Program, whether such consequencesare actual or threatened, financial or not, or positive or not.
You expressly waive all other express or legal warranties, including,without limitation, all legal warranties regarding latent defects,eviction, merchantability or fitness for a particular purpose, in connectionwith this Agreement or the dbCreations.net Affiliate Program.
19. Effective Date of the Agreement
This Agreement shall become effective on the date dbCreations.net sendsYou Your application acceptance by e-mail.
20. Term of Agreement
This Agreement shall have an indeterminate term.
21. Termination of the Agreement
Either You or
dbCreations.net
shallhave full discretion to terminate this Agreement at any time, by sendinga notice of termination by e-mail to the other party. In such a case,neither You nor
dbCreations.net
shallbe entitled to claim or be required to pay any compensation. In addition,You shall immediately stop using the following and remove it from YourSite:
- All dbCreations.net Codes
- All dbCreations.net Links
- All dbCreations.net logos or banners
- All trademarks owned by, or licensed to, dbCreations.net
- All other materials provided by dbCreations.net under the AffiliateProgram; and
- All references to Your status as a dbCreations.net affiliate
- In addition dbCreations.net may, at its own discretion, terminatethis Agreement if, in its opinion:
- All or part of the information provided on Your application formis false or inaccurate; or
- Your Site is no longer suitable for the Affiliate Program.
All unpaid commissions accrued during the term of this Agreement shallbe paid to You at the next earliest quarterly payment date, as setforth herein above.
22. Amendments to the Agreement
dbCreations.net may amend all or part of this Agreement at any time,including the commission rate and payment frequency. In such a case,dbCreations.net shall send You, by e-mail, a notice of amendment atleast ten days before the effective date thereof. The amended Agreementshall be effective as soon as it is posted on the dbCreations.net Siteas a replacement for this Agreement. If You disagree with the amendedAgreement, Your only recourse shall be to terminate this Agreementby so notifying dbCreations.net, by eMail with through the online contactform here;
Contact Us
,failing which, you shall be deemed to agree with all the provisionsof the amended Agreement.
23. Governing Law
This Agreement between You and dbCreations.net will be governed bythe laws of the State of New Hampshire without reference to conflictof law principles. All disputes arising out of or relating to thisAgreement shall be subject to the exclusive jurisdiction and venueof the state courts sitting in Hillsborough County, New Hampshire,and United Stated Federal District Court, District of New Hampshireand each party irrevocably consents to such exclusive jurisdictionand venue and waives any objection thereto.
24. Entire Agreement
This Agreement represents the entire understanding between You and
dbCreations.net
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