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Affiliate Agreement

By 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:

  • Use of unsolicited email/spam to promote our service or program
  • Inappropriate advertisements (False claims, misleading hyperlinks)
  • Advertising on sites containing/promoting illegal activities 
  • Violation of intellectual property rights.
Nitrostats reserves the right to cancel any affiliate's account if they promote Nitrostats using unsolicited commercial email (UCE/SPAM), off topic or unsolicited news group posts, or engage in any form of unsolicited advertisement with the intention of promoting Nitrostats

If you use 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 or I terminate your account 'without cause' 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 submitting a support request 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 an email notification to the company. Queries can be raised by submitting a support request here or by mail to:

P & D Marketing, LLC
c/o NitroAffiliates.com
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 Support

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.

1.7)  Abuse:  By joining the affiliate program, you agree that you will not refer yourself (sign up as your sub affiliate). You also agree that you will not attempt to defraud Nitrostats in any way. In the event that an affiliate abuses Nitrostats's affiliate program, Nitrostats will cancel that affiliate's account, and all of that affiliate's referrals will be lost to that affiliate. In addition to this, Nitrostats may seek legal action against such individuals if the abuse warrants such action.

2) Commission Payments: We will pay commisions based on the figures shown at http://www.nitroaffiliates.com/products.html  Commissions are not paid on registrations made by an affiliate tracked through their own link. If this occurs, commission will be reversed to the affiliate who originally referred them to NitroStats. 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 own tax liabilities in relation to this payment.

The minimum payment level is $20 for US and Canadian affiliates, and $30 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 $20 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) INDEMNIFICATION:

You agree to indemnify and hold harmless Nitrostats.com and its officers and representatives from any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Nitrostats.com or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Nitrostats.com. You expressly agree that use of the website and/or any and all services is at your sole risk. This obligation shall survive any termination of your relationship with Nitrostats.com

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES PROVIDED TO YOU BY NITROSTATS.COM IS AT YOUR SOLE RISK. NEITHER NITROSTATS.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.

6)  DISCLAIMER OF WARRANTIES

Nitrostats.com makes no guarantees of any kind regarding the use or the results derived from any and all services Nitrostats.com offers (the "Services"), in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind, either expressed or implied. Nitrostats.com will not be held responsible for any losses, damages, or costs that you and/or your business may suffer when using the website or any and all services Nitrostats.com provides.

NITROSTATS.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NITROSTATS.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS.

 

7) 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.

8) 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

We look forward to doing business with you and hope that you find our services valuable.

 

 

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