| 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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