Nitro Marketing Affiliate AgreementBy filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. You are only eligible to earn referral fees on sales occurring during the term. Cause for terminations include:
If you are reported as using spam to promote the service you will be notified that your account is under review and you will have the opportunity to provide evidence that you are in fact using legitimate opt-in email. If you are found to have used spamming or unsolicited email your account will be terminated and you will forfeit all outstanding referral fees. As long as you are not in violation of the agreement, if you elect to terminate your own account then you will have the opportunity to cash-out. i.e. any and all commissions outstanding during the agreements term will be paid. 1.1) Privacy: To protect your privacy at any time an affiliate may opt-out of receiving any promotional messages from the company i.e. newsletters and sales promotions. You can unsubscribe from affiliate communications at any time by sending an email request to cancelaffiliate@nitromarketing.com indicating you do not want to receive the affiliate newsletter or commission notifications. 1.2) Mediation: Any problems or discrepancies over due commissions will be dealt with within 7 days of a support notification to the company. Queries can be raised via online form here or by mail to:P & D Marketing, LLC c/o NitroMarketing 2807 Allen St. #668 Dallas, TX 75024 1.3) Tracking: Visitors are tracked using affiliate tracking software hosted on our server. This software utilizes cookies set at a 1 year return period. When a person clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database 1.4) Reporting: Affiliates will be able to access sales through their affiliate administration panel. Access details will be supplied upon acceptance of your application. Statistics are available subject to server performance in real time providing clickthru's, sales, commissions due and conversion rates. Historical data on a monthly basis of past performance is also available. 1.5) International Affiliates: International affiliates are welcome to join the program. All payments made will be in US dollars on a monthly basis. International affiliates who would prefer a higher minimum check payment to reduce their bank costs are welcome to discuss reviewed limits by contacting affiliates@namestick.com 1.6) Predatory Advertising: We agree not to use predatory advertising methods designed to generate traffic from sites they have not contracted with for the online promotion of our products, services and affiliate program. Affiliate agrees not to use any predatory advertising methods in the promotion of our products, services or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission. Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for affiliates immediate termination. 2) Commission Payments: We will pay a 25% commission per sale. Some products, currently NitroListBuilder.com, we will pay a 20% commission per sale. Commissions are not paid on purchases made by an affiliate tracked through their own link. If this occurs commission will be reversed to the affiliate who originally referred them to the NitroMarketing site. Payments will be made every 30 days sent in the form of a check payable in US dollars to the 'Payee' as described in the affiliate application form. You are held responsible for your ow n tax liabilities in relation to this payment.The minimum payment level is $25 for US and Canadian affiliates, and $50 for all other international affiliates. Accounts owing under this amount will be carried forward to the next sales period until commissions have accumulated to the threshold. Commissions against sales that are rejected upon credit card authorization or otherwise refunded or charged back will be deducted from your following commission payment. 3) 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 on this site, all affiliates who have not opted out of receiving email notifications will also receive an email notification. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. Any changes or modifications made will be in 'good faith', the agreement will not be altered to purposely avoid paying affiliates due commissions. Any substantive changes ie. change of commissions will be made with at least 14 days notice by email and onsite update of agreement. Notification of all changes will also be broadcast in an email message to all affiliates providing you have not opted out of receiving further communications from us. 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. 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 the Program, 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. 5) 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. 6) Miscellaneous: This Agreement will be governed by the laws of the Texas, without reference to rules governing choice of laws. 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 be 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
|