This
Agreement contains the complete terms and conditions that apply to your participation
as an affiliate in the TrafficBooster Affiliate Program where you place links from
your Website to the TrafficBooster website.
By clicking on the JOIN NOW button you are stating that you have read and understood
the terms of the Affiliate Program herein, and agree to be legally bound by
the terms.
1. Enrollment in the Program
To begin the enrollment process, you will submit a completed Affiliate Program
registration form from this website. We will evaluate your website and will
notify you of your acceptance or rejection. We may reject your application if
we determine (at our sole discretion) that your site is unsuitable for our Affiliate
Program for any reason including, but not limited to, violence promoted at your
site, sexually explicit materials, discrimination based on race, sex, religion,
nationally, disability, age, sexual orientation, promote illegal activities,
or incorporates materials that infringe or assist others to infringe on copyright,
trademark or other intellectual property rights.
If we reject your application, you may reapply to our Affiliate Program at any
time. Also note that if we accept your application and your site is thereafter
determined (at our sole discretion) to be unsuitable for our Affiliate Program,
we may terminate this Agreement.
2. Links on Your Site
You will receive the link code to our site immediatly, giving you the opportunity
to start without waiting our approval of your site.
3. Order Processing and Reporting
Services contracted and products purchased by customers who follow links from
your site to our site will be processed and tracked. We are responsible for
order processing and fulfillment including, but not limited to, preparing Website
design estimates, processing payments, returns and handling customer service.
Sales initiated by customers tracked from your site to our site will be recorded
in sales reports available to you via a monthly email report.
4. Commission Amount
The Commission Amount is as per Schedule for each new client. 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 Amount.
5. Commission Payment
Commissions will be paid on a monthly basis, approximately 20 days following
the end of each calendar month. A PayPal payment or Wire Transfer will be send
for the commissions earned on our services and sales.
Wire Transferring Costs will be deducted from your account. No costs are deducted
from PayPal payments except those costs charged by PayPal themselve. If the
commissions total less then $100 for that month we will hold those commissions
to be paid the following month, only if those commission reach a total of $100
or more. Net Sales will be reduced for amounts due to credit card fraud, bad
debts, cancellations and credits. A commission will only be paid if the visitor
to our 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 site cannot be tracked
by our system.
6. Policies and Pricing
Customers who buy products and services through our Affiliate Program will be
deemed to be customers of TrafficBooster. Accordingly, all TrafficBooster rules, policies,
and operating procedures concerning customer service and product 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 products
and services sold under our Affiliate Program in accordance with our own pricing
policies.
7. Limited License
We grant you a non-exclusive, revocable right to use the graphic image and text
and such other images for which we grant express permission, solely for the
purpose of identifying your site as a TrafficBooster Affiliate Program participant
and to assist in generating product and service sales. You may not modify the
graphic image or text, or any other of our images, in any way. We reserve all
of our rights in the graphic image and text, any other images, our trade names
and trademarks, and all other intellectual property rights. We may revoke your
license at any time by giving you written notice.
8. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance
of your site and for all materials that appear on your site. We shall have no
responsibility for the development, operation and maintenance of your site and
for all materials that appear on your site. You hereby represent and warrant
to us that materials posted on your 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
site are not libelous or otherwise illegal. You must have express permission
to use another party's copyrighted or other proprietary material. We will not
be responsible if you use another party's copyrighted or other proprietary material
in violation of the law.
We disclaim all liability for these matters. Further, you will indemnify and
hold us harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your TrafficBooster
Affiliate Program registration and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination. Notice by e-mail, to
your address on our records, is considered sufficient notice for to terminate
this Agreement. Upon the termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all links to our site,
and all banners and TrafficBooster trademarks, and all other materials provided
by or on behalf of us to you pursuant hereto or in connection with our Affiliate
Program. You are only eligible to earn referral fees on sales of our services
and products (as per schedule) occurring during the term, and commissions earned
through the date of termination will remain payable only if the related services
are completed and paid in full. We may withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
10. 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 change notice or a new agreement
on our Website or by e-mail to your address in our records. Modifications may
include, but not limited to, changes in the scope of available commission fees,
commission schedules, payment procedures, and Affiliate Program rules. If any
modification is unacceptable to you, your only recourse is to terminate this
Agreement. Your continued participation in our Affiliate Program, following
our posting of a change notice or new agreement on our Website, will constitute
binding acceptance of the change.
11. Relationship of Parties
You and TrafficBooster are independent contractors, and nothing in this Agreement
will create any partnership, 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 Website or otherwise, that reasonably would contradict
anything in this Section.
12. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any
loss of revenue, profits, or data) arising in connection with this Agreement
or our Affiliate Program, even if we have been advised of the possibility of
such damages. Further, our aggregate liability arising with respect to this
Agreement and our Affiliate Program will not exceed the total referral fees
paid or payable to you under this Agreement.
13. Disclaimers
We make no express or implied warranties or representations with respect to
our Affiliate Program or any products sold through our Affiliate Program (including,
without limitation, warranties of fitness, merchantability, noninfringement,
or any implied warranties arising out of a course of performance, dealing, or
trade usage). In addition, we make no representation that the operation of our
site will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
14. Indemnification.
You hereby agree to indemnify, defend and hold harmless TrafficBooster, its members,
managers, shareholders, officers, directors, employees, agents, affiliates,
successors and assigns, from and against any and all claims, demands, losses,
liabilities, damages or expenses (including attorneys' fees and costs) of any
nature whatsoever incurred or suffered by us (collectively the "Losses"), in
so far as such Losses (or actions in respect thereof) arise out of, are related
to, or are based on (i) any claim or threatened claim that our use of the Affiliate
Program Trademarks infringes on the rights of any third party; (ii) the breach
of any representation or warranty made by you herein; or (iii) or any claim
related to your site.
15. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid or enforceable, then
such provision shall be deemed to be written, construed, and enforced as so
limited.
16. Miscellaneous
This Agreement will be governed by the laws of Cyprus , without reference to
rules governing choice of laws. Any action relating to this Agreement must be
brought in the courts located in Nicosia, Cyprus, and you irrevocably consent
to the jurisdiction of such courts. You may not assign this Agreement, by operation
of law or otherwise, without our prior written consent. Subject to that restriction,
this Agreement will be binding on, work to the benefit of, and enforceable against
the parties and their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement will not constitute
a waiver of our right to subsequently enforce such provision or any other provision
of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN
THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Promotions
17. SPAM
WILL RESULT TO YOUR ACCOUNT TERMINATION. It is the full responsibility of AFFILIATE
to market TrafficBooster Products in a legal, ethical and honest fashion and AFFILIATE
agrees that TrafficBooster will be held harmless from any and all actions of AFFILIATE
and AFFILIATE marketing and promotional programs. Affiliate shall at all times
comply with all local and Federal spam, fax broadcast and telemarketing laws.
Any affiliate advertisement that does not comply with applicable local, state
or federal laws is strictly forbidden and shall be expressly defined as unauthorized
use of TrafficBooster Network's trademarks, marks and names. Should action be brought
against TrafficBooster for such activity by Affiliate, Affiliate agrees to bear all
costs and penalties associated with such activity including, but not limited
to TrafficBooster's legal costs for any alleged infraction of these laws. TrafficBooster reserves
the right to amend all pricing plans, commissions or conditions relative to
this agreement TrafficBooster reserves the right to terminate any affiliate with or
without cause at the sole discretion of TrafficBooster with or without notice. By joining
the TrafficBooster affiliate program, affiliate is tendering his/her personal guarantee
of these terms and conditions.
18.Affiliate
further agrees and warrants that it will comply with all local, state and federal
laws (including, but not limited to, the "CAN-SPAM" Act, effective
January 1, 2004) regarding the sending of e-mails.
19. You
may promote your TrafficBooster affiliate site in any way you deem fit, however you
MUST NOT reference the TrafficBooster website in any unsolicited emails (AKA: SPAM).
You may reference your url in text ads, safelist or ezine mailings, and so on.
Do not reference http://www.trafficbooster.org in any
mass email (spam). If you choose to do "mass newsgroup" posting -
you must be sure that the sites you post to specifically allow promotions. DO
NOT "mass post" to newsgroups you are not sure of. If you reference
TrafficBooster in a manner that incurs spam reports, we will investigate
and deal with each issue individually.
20. SPAM
REPORTS: Spam reports received and determined as
such will be liable for $100 US fine PER incident report, PLUS $50 per hour
of server down time that results. You may also be charged for any legal fees
we incur. It doesn't matter what country you live - we WILL prosecute this to
the fullest extent in your country, your account will be immediately banned,
and you will lose ALL earnings due to you. NO EXCEPTIONS.
DO NOT SPAM!
21. You
must be 18 years of age or older according to the legal age in your country
or state to participate in our affiliate and get paid programs.
YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER
REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR
OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND
ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS
SET FORTH IN THIS AGREEMENT.
