AffiliateInABox.com
License Agreement
By creating a
AffiliateInABox.com Account, you (a AffiliateInABox.com
Partner) are
agreeing to the terms specified in this agreement. Violation of
any restrictions included
here may result in cancellation of your account, and possible
forfeit of affiliate
revenue.
Acceptable
Advertising Methods
As a AffiliateInABox.com affiliate member, you earn revenue by
generating sales of products
through affiliate programs offered within the
AffiliateInABox
affiliate console. You generate these by encouraging web users to
visit one or more links through the AffiliateInABox.com site. You may advertise
products via:
SPAMMING IS NOT
ALLOWED, INCLUDING BUT NOT LIMITED TO E-MAIL, NEWSGROUPS,
DISCUSSION FORUMS,
IRC CHAT ROOMS, MAILING LISTS
AND SO FORTH.
You
MUST NOT advertise any AffiliateInABox.com URL, or use the
AffiliateInABox.com name, or use
the name of a product in the AffiliateInABox website within any
email sent unsolicited to
users or in postings to News Groups or Mailing Lists.
Pornographic sites, sites dealing with Warez, or other sites
deemed inappropriate may have
their accounts terminated at any time.
You are solely responsible for compliance with, and will comply at
all
times with, all civil and criminal laws, rules and regulations
applicable to You and Your business (including without limitation
the
CAN-SPAM Act of 2003).
If you have any questions about whether a method of advertising is
allowed, send an e-mail
through the online AffiliateInABox.com contact form.
Getting Paid
Affiliates are paid through the respective affiliate programs that
they
have elected to participate in through the AffiliateInABox
console (such as the Clickbank.com affiliate
programs). The terms and conditions of these affiliate programs
must be
reviewed and accepted separately. Payment is handled through these
respective services, and is outlined in their
agreements.
AffiliateInABox.com reserves the right to change its commission
rates without notice, but the current affiliate commission rate
will be posted
on the AffiliateInABox.com website.
Non-Qualified Orders/Commissions
Depending on the affiliate programs you have elected to
participate in
through the AffiliateInABox console, orders placed by an
affiliate themselves
may not qualify for commission.
Additionally, there may be occassions where orders will be
refunded such as at the request of
consumers, or orders may be charged-back due to credit card fraud.
Affiliate commissions
may not be paid on these orders.
AffiliateInABox.com
Responsibilities
The respective affiliate programs that affiliates have elected to
participate in handle credit card processing and may also track
sales of software products along with the Affiliate generating
those sales, and are responsible for transfer of commission
payments from
product sales to the Affiliate partners.
AffiliateInABox.com
makes no promises or warranties to you that customers will
purchase
products from a particular seller, that links will be functional
at all
times, or that the AffiliateInABox.com
site or software will operate at all
times or without error. AffiliateInABox.com
PROVIDES ITS SERVICES TO YOU UNDER THIS AGREEMENT AS-IS, WITH ALL
FAULTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW,
AffiliateInABox.com
DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WHICH MAY ARISE UNDER LAW
OR EQUITY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
ACCURACY OF INFORMATION.
You agree that in no event will
AffiliateInABox.com be held liable for any special, incidental,
consequential, or punitive damages.
AffiliateInABox.COM
SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH
YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT
LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS), WHETHER
BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS
OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. THE LIMITATIONS UPON
DAMAGES AND CLAIMS SET FORTH IN THIS AGREEMENT IS INTENDED TO
APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE
BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
PROVIDED HEREIN.
You agree to indemnify and hold the AffiliateInABox.com harmless
for
any damages or costs incurred as a result of your violation of any
law, regardless of
whether they are actual, incidental, consequential, or punitive.
You assume full responsibility for your decision to use the
AffiliateInABox.com affiliated services.
You and Your successors and assigns shall indemnify, defend, and
hold harmless
AffiliateInABox, its corporate affiliates and subsidiaries and
each of their respective directors, officers, employees, agents
and subcontractors, and their respective successors and assigns from and
against and in respect of any and all third party claims,
demands, losses, costs, expenses (including, but not limited to, the cost
of obtaining an opinion of counsel in response to a notice of
potential infringement of the intellectual property rights of any other
person or organization), obligations, liabilities, damages,
recoveries and deficiencies, including interest, civil or criminal
penalties or fines, reasonable attorneys fees and costs, that an
indemnified party may incur or suffer, which arise, result from, or relate
to
(a) your failure to perform, violation or breach of any of your
representations, warranties, covenants and/or obligations under this
agreement; or
(b) an actual or alleged breach of any applicable civil or criminal laws
by
AffiliateInABox caused directly or indirectly by your actions or
inactions; or
(c) claims arising out of any other activities you perform,
services you provide, or products
you sell which are associated publicly in any manner with the
AffiliateInABox Affiliate Program or any of its sellers;
or
(e) the assertion of any infringement or other claims alleging that your
content violates the intellectual property rights of any
other person or organization (including those rights held by
AffiliateInABox or any Seller); or
(f) claims relating to the violation of any privacy policies You are
required to comply with under this Agreement; or
(g) the negligence or willful acts or omissions of you or your employees
or agents.
This Agreement shall be governed by and interpreted under the laws
of the
Province of Ontario, Canada.
Changes in Policy
AffiliateInABox reserve the right to change policies without prior
notice.
In addition, AffiliateInABox Accounts can be terminated for
cause at the discretion of
AffiliateInABox.com.