affiliate agreement
CLONEFISH AFFILIATE PROGRAM AGREEMENT
This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the phpformclass.com Affiliates Program (the "Program"). As accepted in this Agreement, "we" means phpformclass.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Clonefish's site or to the site that you will link to our site.
1.Enrollment in the Program
In enrolling in the Program you must first submit a complete Program application via our site. You are immediately accepted to the Program but we reserve the right to cancel your application at our discretion if we feel your site is unsuitable (as described in section 10) for the Program.
If we reject your application, you are encouraged to reapply to the Program at any time after your site has been modified.
2.Links on Your Site
The following methods may be used to link your site to phpformclass.com:
· General Link: You may provide a general link on your site to our home page, which will be provided by phpformclass.com.
· Direct Links: You are able to select one or more feature pages or reference pages to list on your site.
· Banners and images: Any banner or image created by our site for the purpose of linking to phpformclass.com. Banners or Images created by yourself must be approved by phpformclass.com.
3.Order Processing
We will process product orders placed by customers who follow special links from your site to the phpformclass.com site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, and process payments, cancellations, and returns. In addition to this, we will handle customer service. We will track sales made to customers who purchase products using special links from your site to ours. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted; proper coding on the affiliate's site is the responsibility solely of the affiliate.
4.Referral Fees
We will pay you a 30% referral fee on all product sales. For a product sale to generate a referral fee, the customer must first follow a special link (specified by phpformclass.com) from your site to the phpformclass.com site. After going through this link, the customer must purchase a product(s), accept delivery, and make the full payment to us. After a visitor accesses our site through yours, a "cookie" will be set which will identify that user when they access the phpformclass.com site regardless of whether they came back through your site or not. The cookie will persist for 100 days with your affiliate ID number, unless a) another site overwrites the cookie with its own affiliate ID number, b) the cookie somehow expires or is erased due to changes made on the user's computer.
Notwithstanding the foregoing, phpformclass.com reserves the right to offer other referral fees for sales made in conjunction with online promotions or coupons.
5.Fee Payment
The referral fees will be paid by Kagi. See the Kagi agreement for the payment details.
6.Policies and Pricing
Customers purchasing products through this Program will be deemed customers of phpformclass.com exclusively. All phpformclass.com rules, policies, and operating procedures regarding customer orders, customer service, and product sales will apply to these customers. phpformclass.com reserves the right to change its policies and operating procedures at any time, without prior notification to your site. We will determine the prices to be charged for products sold under this Program according to our own pricing policies. Since product price and availability may change from time to time, it is recommended that you do not include price information in your product descriptions.
7.Identifying yourself as an Affiliate
We will provide your site with a graphic image that identifies your site as a Program participant. You must either display this logo or the phrase "In affiliation with phpformclass.com." on your site.
8.Limited License
We grant you a nonexclusive, revocable right to use the graphic and message described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the icon or any of our images in any way without phpformclass.com consent. We reserve all rights to the graphics our trade names and trademarks, and all other intellectual property.
9.Responsibilities of Your Site
You are responsible for:
· creating and posting product descriptions on your site and linking those descriptions to our catalog. phpformclass.com will provide these links.
· ensuring the accuracy and appropriateness of materials posted on your site in association to phpformclass.com.
· ensuring that materials posted on your site do not violate or infringe upon the rights of any third party such copyrights, trademarks, privacy, or other personal or proprietary rights.
· ensuring that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
You must ensure that your site will not:
· Promote violence
· Promote pornographic materials
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Violate intellectual and artistic property right
· Promote illegal activities
· use forms of indiscriminate advertising or spamming to promote yourself or your site.
In addition, you may not purchase, register, or bid any keywords, search terms or other identifiers that include the word "Clonefish" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
10.Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your application and will end upon being terminated by either party. Either party, with or without cause, may terminate this Agreement by giving the other party written notice of termination. This agreement will terminate five (5) days after written notice by either party.
11.Modification
phpformclass.com reserves the right to modify any of the terms or conditions contained in this Agreement, at any time, by posting a change notice or a new agreement on our site. Modifications may be changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. 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.
12.Relationship of Parties
This Agreement does not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between your site and phpformclass.com. You have no authority to make or accept any offers or representations on our behalf. You are unable to make any claims that reasonably would contradict anything in this Section.
13.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 this Agreement.
14.Disclaimers
phpformclass.com makes no warranties with respect to the Program or any products sold 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). phpformclass.com makes no guarantee that the operation of our site will be uninterrupted or error-free. In such an instance we will not be liable for the consequences of any interruptions or errors.
16.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.
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