Terms and conditions
AffiliatesGetPaid.com Affiliate Program Terms & Conditions AgreementThis Agreement, made and entered by and between AffiliatesGetPaid.com ("AffiliatesGetPaid.com " "we" or "our"), and you, the affiliate ("you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the AffiliatesGetPaid.com affiliate program.
1. Enrollment in the Program
You will submit a complete Affiliate Program application through AffiliatesGetPaid.com in which you agree to abide by these terms and conditions. After we carefully review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with our mission.
We do not accept any libelous or defamatory sites, hacking sites, software copying/piracy, illegal, hate, or racial hate sites, adult, pornographic, coupon, discount or sites that link to adult oriented material whatsoever at discretion. If your site is accepted, AffiliatesGetPaid.com may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program.
2. Promotion of AffiliatesGetPaid.com
Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
Affiliate Agrees To:
• Place rizerxl, quick extender pro or any offered future program products links on your site.
• Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
• Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
• Indemnify, defend, and hold AffiliatesGetPaid.com, its property, employees, product merchant offering and all entities including employees and operating officers harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
3. Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
4. 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 AffiliatesGetPaid.com, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and AffiliatesGetPaid.com program will not exceed the total commissions paid or payable to you under this Agreement. You agree to indemnify and hold AffiliatesGetPaid.com (which include rizer xl, quick extender pro etc.) and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including attorney fees and expenses) arising out of this Affiliate Agreement or the AffiliatesGetPaid.com Affiliate Network.
5. Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program. You may not alter, modify, or change the Links in any way. We may revoke your license anytime by giving you written notice.
6. Disclaimers
We make no express or implied warranties or representations with respect to the AffiliatesGetPaid.com affiliate program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of 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.
7. Termination
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your AffiliatesGetPaid.com Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and AffiliatesGetPaid.com, quick extender pro, rizer xl, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
8. Modifications
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
9. Independent Contractors
You 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.
10. Representations and Warranties
You hereby represent and warrant to us as follows:
1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
2. The development, operation, and contents of your site do not infringe upon the copyright, trademark of AffiliatesGetPaid.com or any other right of any person or entity.
11. Independent Investigation
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 your desirability of participating in the our Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
12. Paid Search
You may not (i) bid on our trademarks, brand names or any variations or misspellings, (ii) use our trademarks or brand names in the Display URL, or (iii) redirect to any of our sites that we offer.
You may not use our logo, names, identifying marks or of those products we offer through the AffiliatesGetPaid.com Affiliate Program to promote discounted prices for the products and redirect traffic back to our site, either paid or non-paid.
13. Privacy and your website
There must be a direct link from your website to the merchant website you are promoting. You may not in any way mislead the visitor through such activities as copying or creating the impression that your website is those we promote through AffiliatesGetPaid.com or AffiliatesGetPaid.com. You may not use any device, program, robot, Iframes or hidden frames to cause a transaction to be made. Your website will post a privacy policy that complies with all applicable laws and regulations and your site will not collect or retain personally identifiable information of Innovatech, rizer xl or quick extender pro.
14. Email Compliance
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 and all rules and regulations thereunder in its distribution of email that contains messaging regarding our affiliate campaign. More specifically, email that meets this criteria:
• May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate;
• Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;
• Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate;
• Must provide a valid physical postal address of Affiliate;
• Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
• May not contain materially false or materially misleading header information, or deceptive subject heading;
• May not contain sexually oriented material.
Affiliate may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means; from a third party Website in violation of that third party's posted privacy policy, or (2) that was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.
15. Reservation of Rights
We may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. We also reserve the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.