This Affiliate Service Agreement (the “Agreement”) is made by and between Derek Ouellette (“Derek”) and you, as an Affiliate utilizing the Gospel Sneeze Academy service (“You”, “Your”, “Affiliate”).
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up to be an affiliate, you indicate Your acceptance of this Agreement and its terms and conditions.
The following agreement is summarized as follows:
- You place our ad banners or affiliate link anywhere on your site as you see fit, or within non-spam emails.
- We might change the service here and then
- You will be paid your commissions on the last day of each month.
- All statistics are collected and calculated by Derek and .
- Any page that contains your affiliate links, banners, or code must be written in English.
- You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your newsletters, in content of your website, or within other web related content.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.
Derek respects the privacy of his users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact firstname.lastname@example.org.
“Performance Marketing” occurs when individual web sites that generate their own traffic (“Affiliates”) partner with online Merchants (“Merchant”)’s and the Merchant pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use Derek to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.
“Merchant” means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use Derek facilitate relationships as well as gain tracking, reporting, and issuance of commission payment.
“Visitor” means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate’s Web site.
“sale commission” means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“lead commission” means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“click commission” means the Payout the Merchant sets and agrees to pay for a valid click from an Affiliate Partner’s site to the Merchant’s site that results in the Merchant’s Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time.
“Payout” means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.
“Commission” means the amount sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percetage of a total sale amount, or as a set bounty (flat rate) per action.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to a Merchant website via redirection at Derek. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant.
“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant’s may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
“Your Account” means a specific account within the Service, where Commissions are credited.
Derek has developed and operates a service (the “Service”) which allows Affiliates to participate in Performance Marketing programs. As an Affiliate of Derek you will be establishing arrangements with third party organizations, called Merchants. All Affiliate relationships established between You, the Affiliate, and Derek’s Merchants, will be conducted and managed through the Service.
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in acceptable locations.
- You place our merchants banners anywhere on your site as you see fit, or within non-spam emails.
- Adult, Hate, or other related sites are not allowed
- Any page that contains Derek’s links, banners, or code must be written in English.
- You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
You will receive a Commission for sending a Merchant authorized sales Your Links. In order to place Links, You must first be approved by a Merchant to become an Affiliate of that Merchant’s program. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued. You receive the Commission from Derek. Payments are made automatically on or around the last day of each month. In the event that a Merchant cancels their account, your commission for that Merchant will cease immediately. The VOID Commission will be immediately deducted from Your Account balance.
SERVICE AND SUPPORT
Derek will provide support for the Affiliate Service if needed.
Derek reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any related products and services.
CHANGES TO THE SERVICE
Derek reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Derek will notify You via e-mail at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
To sign up as an Affiliate of Derek and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age. Affiliate signups are by invitation only.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN the Affiliate program: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Derek with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Derek may rely on any data, notice, instruction or request furnished to Derek by You which is reasonably believed by Derek to be genuine and to have been sent or presented by a person reasonably believed by Derek to be authorized to act on Your behalf. You shall notify Derek by e-mail at email@example.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Derek and referral to the appropriate law enforcement agencies.
LIMITATION OF LIABILITY
Derek SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Derek SERVICE OR ANY INFORMATION PROVIDED ON Derek’s WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Derek OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Derek’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Derek, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Derek and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Derek agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Derek’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
Derek acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company. Derek agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of Derek, that becomes available to Derek from third parties without knowledge by Derek of any breach of fiduciary duty, or that Derek had in its possession prior to the date of this Agreement. Derek does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Derek reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Derek deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
Derek makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a website not owned by Derek does not mean that Derek endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or Derek may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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