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AFFILIATE AGREEMENT -- Electronic Download Delivery Confirmation™This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the EDDCS.com Affiliate Program (the 'Program'). As used in this Agreement, 'we' means EDDCS.com, a service of Get It All.Net!, 'you' means the applicant, and 'services' means delivery confirmation account services offered by EDDCS.com. 'Site' means a World Wide Web site and, depending on the context, refers either to EDDCS.com's site or to the site that you will link to our site.ENROLLMENT IN THE PROGRAM To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith 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 the Program. Unsuitable sites include, but are not limited to, sites that:
You may not alter product images, descriptions and pricing. We provide access to HTML links. You must use the code provided in your affiliate account to create your links in order to meet the criteria in the operating agreement. If you would like to use links not created by EDDCS, or you would like to modify the links, they must contain the words "digital delivery confirmation". Your affiliate account may also provide additional linking methods, such as banners. You may not alter ad banners, logos or other content available through your affiliate account without written permission from EDDCS.com. When a vistor clicks on your affiliate link and arrives at the EDDCS.com site, a cookie is set in the visitors browser that identifies the visitor as coming from your unique link. Cookies are valid for 30 days from the time of the visitors first visit to EDDCS.com. Sign-up credit will be given to you within this 30 day period when the visitor subscribes to the EDDCS.com service. REFERRAL FEES Subject to the terms and conditions of this Agreement, you will be paid referral fees for each unique user referred from your site or advertisement through the EDDCS.com link on your site who successfully registers and continues a subscription service beyond any free trial periods on the EDDCS.com site. If it is later determined by EDDCS.com that the user is not a unique individual who has not previously registered an account on the EDDCS.com site, EDDCS.com retains the right to withhold any payments to your account resulting from that individual's account registrations. FEE SCHEDULE Your fees will be equal to $1.00 for each non-duplicate, new EDDCS.com subscription account that continues EDDCS service beyond any free trial periods. In addition, you will receive $0.50 for each EDDCS.com account that you brought to the service for each month that the account renews it's subscription service. FEE PAYMENT Subject to the terms and conditions of this Agreement, you will be paid the referral fees directly through PayPal, the payment processor of our affiliate program. Any questions you have about the payments payable to you through this program should be directed solely to the EDDCS customer service department. Payments are made once per month when your account balance exceeds $50.00. POLICIES AND PRICING Customers who register accounts with EDDCS.com through this Program will be deemed to be customers of EDDCS.com. Accordingly, all EDDCS.com rules, policies and operating procedures concerning delivery confirmation service, including EDDCS.com's standard Registration Agreement and Dispute Policy will apply to those customers. We may change our policies and operating procedures at any time by changing this, or any related or non-related policy documents. For additional information regarding EDDCS.com's Registration Agreement and Dispute Policy, please see the terms and conditions and FAQ pages on EDDCS.com. LIMITED LICENSE We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Mark and such other EDDCS.com logos and text for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the Mark, the message, or any of our images or trademarks in any way. We reserve all of our rights in the Mark, the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided here you agree that you have no rights, title or interest in or to the Mark, the message or other images, trademark or tradenames provided to you by EDDCS.com and all uses of such materials by you will inure to the benefit of EDDCS.com. You agree not to apply for registration of any of the EDDCS.com trademarks, servicemarks or tradenames (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of EDDCS.com or its trademarks. We may revoke your license at any time by giving you written notice via email or through the postal service. 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. For example, you will be solely responsible for:
TERMS OF THE AGREEMENTS The terms of this Agreement will begin upon our acceptance of your Program application 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 or emailed notice of termination. You are only eligible to earn referral fees on account registrations occurring during the term of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site is not suitable for the Program, we may unilaterally end the status of your site as an Affiliate. MODIFICATION We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. RELATIONSHIP OF PARTIES You and we 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 site or otherwise, that reasonably would contradict anything in this Section. 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 THE PROGRAM OR THE REGISTRATION OF ACCOUNTS BY CUSTOMERS REFERRED TO US BY YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER TO THIS AGREEMENT. DISCLAIMERS WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT 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 OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, reasonable attorneys' fees) relating to any warranties or representations made by you with respect to the Program or any services made available through the Program or through the EDDCS.com site. These obligations will survive any termination of this Agreement. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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. MISCELLANEOUS This Agreement will be governed by the laws of the United States and the State of Oregon, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal courts or state courts located in Oregon, 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, inure 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. |