Terms & conditions
Before you can proceed with registration, please accept the terms
and conditions below.
Please Read and Print for Future Reference
If you wish to participate in our Affiliate program, You MUST accept the
outlined Terms & Conditions Below. Additionally, by accessing and
utilizing any of the 1800aff’s Marketing Tools, or accepting of any
reward, bonus or commission whether contained in this agreement or else
where on our web site, you are deemed to have agreed to be bound by all
the terms and conditions set out in this agreement. For purposes of
clarity, the terms "we" and "us" refer to 1800aff and "you" and "Member"
refers to the other party to the contract formed by the acceptance of
these Terms and Conditions. The term "Merchant" is defined as any
company that has contracted 1800aff to promote their Site (s) and or
products. The contract provides you with the non-exclusive right to
direct users ("Visitors") from your site or sites to the Merchant's
websites, in return for the payment of commissions and referral bonuses
as specified below.
ENROLMENT
To enroll, please read this Agreement and then submit a complete 1800aff
Member Account application to us via our Web site. We will evaluate your
application and notify you whether your application was accepted. Your
application will be rejected if we determine, in our sole discretion,
that your site is unsuitable for any reason, including but not limited
to, sites that are under construction, aimed at children, promote
sexually explicit materials, promote violence, promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age, promote illegal activities, or violate intellectual
property rights.
MEMBER AGREEMENT
During the term of this arrangement (which shall commence when you
indicate your acceptance in the manner specified above, and shall end
when either you or we notify the other, by email, of the termination of
this Agreement), you shall display a banner or banners provided by
1800aff on your site (the "Member site") as a hyperlink to direct
Visitors from the Member Site to the Merchant's Sites, using distinct
URLs supplied by 1800aff exclusively for linking (the "Supplied
Banners").
The Merchant's banners shall be displayed at least as prominently as any
other sales link on the Member site, and if the Member displays or makes
accessible to Visitors descriptive information regarding any vendors
whose banners are displayed on the Member site, the Member shall,
subject to 1800aff' prior written approval of the content thereof,
include similar descriptive information regarding the Merchant's Site
(s).
The relationship specified in this Agreement is non-exclusive for both
parties; therefore, the Member shall be entitled to display the banners
of, and provide links to, sites of other companies through the Member
site, and 1800aff shall be entitled to make the Merchant's banners
available through online and other services than the Member site.
DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL
As a Member, you will have access through 1800aff' site to a variety of
graphic and textual links (each of these links sometimes being referred
to herein as "Links" or, individual, as a "Link".)
1800aff and the Merchant hereby grants to the Member the
non-exclusive, non-transferable, non-assignable (except as provided
below) rights, during the term of this Agreement, to use (which shall
include the right to copy, transmit, distribute, display and perform
both privately and publicly):
1800aff' and the Merchant's banners, name, site name, and other
related textual and graphic material are made available by 1800aff
and/or the Merchant to the Member for the express purpose of inclusion
on the Member's site from time to time (collectively, the "Merchant's
Material") and for the specific purposes authorized above. 1800aff and
the Merchant authorize the Member to advertise and promote their
respective promotional material. The copywriting of promotions may not
be modified nor misrepresented by the Member.
1800aff and the Merchant also authorizes the Member to refer, in the
Member's advertising and promotions, to the fact that the 1800aff and
Merchant's sites are accessible through the Member site, provided that
any such statement:
(a) does not include any trademarks, service marks, design marks,
symbols and/or other indicia of origin of 1800aff or the Merchant other
than 1800aff or the Merchant's Site (s) name and/or site names in a
non-distinctive typeface (specifically, not the typeface used in the
logo design of any of 1800aff' or the Merchant's mark);
(b) does not state, suggest, or imply, by the wording or prominence of
such statement or otherwise, that the Merchant sponsors, authorizes,
and/or is the source or origin of the Member site; and (c) does not
disparage 1800aff or the Merchant, its products, services, or members.
All use of the 1800aff or Merchant's Materials hereunder shall inure to
the benefit of the Merchant and shall not create any rights, title or
interest in them for the Member. No other use of the 1800aff or
Merchant's names, trademarks, service marks, design marks, symbols
and/or other indicia of origin or other designations confusingly similar
to any of the foregoing may be made by the Member for any purpose
without the prior written approval of 1800aff or the Merchant.
As between the Merchant and the Member, the Merchant owns, and shall
continue to own exclusively, all right title and interest (including
without limitation, all rights provided under the law of copyright and
trademark) in and to the Merchant's Materials and all names, trademarks,
service marks, design marks, symbols and/or other indicia of origin
therein throughout the world and in perpetuity, subject to the
permissions granted in this Agreement.
MAINTAINING THE LINKS
You agree to fully cooperate with us in order to establish and maintain
the Links between Your Site and the 1800aff Site or the Merchant's Site
(s). The maintenance and updating of Your Site will be your
responsibility. The graphics and/or text associated with the Links to
the 1800aff Site or the Merchant's Sites will be updated periodically
and it will be necessary for you to update the content of Your Site
accordingly on a regular basis. Please be aware that we have the right
to monitor Your Site at any time to determine if you are following the
terms and conditions of this Agreement and to notify you of any changes
to Your Site that we feel should be made.
COMMUNICATION TO MEMBERS
By signing up to 1800aff you agree to receive a variety of material
from 1800aff. If you choose to opt out of our communications 1800aff and
its Merchants will not be responsible for any damages that may occur
from members opting out of our communications.
ANTI SPAM POLICY
Spam definition: Spam is the sending of an electronic message, email or
posting to multiple recipients who have not specifically requested the
message and furthermore the message does not comply with the federal
"CAN-SPAM Act of 2003"; regardless of its content.
In accordance with the recent “CAN-SPAM Act of 2003” legislation,
1800aff strictly prohibits members from sending unsolicited mass emails
or spam, whether via email, Usenet or any other form. Any member using
spamming techniques for soliciting referrals will be in automatic breach
of this agreement and will be immediately terminated and legally pursued
for any resulting damages.
You may not send out an electronic message on behalf of 1800aff or any
of its partners or merchants without prior written consent.
You may not make any claims of endorsements by 1800aff or any of its
partners or merchants without their prior consent.
In addition if you choose to send bulk or unsolicited emails you are
obligated to provide your potential electronic message recipients with
the following:
(i) A Clear and conspicuous notice that the email is an advertisement or
solicitation.
(ii) A Clear and conspicuous notice of the option to “unsubscribe” to
further commercial email.
(ii) Unsubscribe request must be handled within 10 days of receipt.
(iv) A valid email and physical postal address of the sender.
(v) Header information that is not materially false or misleading.
GOOD FAITH
You will not knowingly benefit from known or suspected traffic not
generated using accepted Internet marketing practices whether or not it
causes 1800aff or the Merchant harm. Should fraudulent activity,
knowingly or otherwise, arise from a person directed to Merchant's site
via your link, we retain the right to retract the commissions paid to
you at any time. Our decision in this regard will be final and no
correspondence will be entered into. We reserve the right to retain all
amounts due to you under this Agreement if we have reasonable cause to
believe that such traffic has been caused with your knowledge.
COMMISSION AND REFERRAL BONUS
1800aff will pay your monthly commission according to the scheme and
conditions specified in each of the offers you chose to promote.
We hereby retain the right to convert the commission scheme by which
you shall be paid according to the changes of our Merchant’s offers, or
as we shall see fit.
Where you earn your commission in accordance with the revenue share
schemes 1800aff will apply its negative balance carry-over policy (the
"Policy"). In accordance with the rules of the Policy the following two
rules shall apply: (i) in reaching the total commission amount owed to
you in a calendar month 1800aff shall calculate all commissions, both
positive and negative, generated by your visitors; and (ii) in the event
that at the conclusion of a calendar month the commission generated by
your visitors is a negative amount we shall apply such negative amount
to the commission calculation of the subsequent calendar months until
such time as the negative balance has been fully set-off against future
positive commission amounts generated.
All commissions shall be paid to you on a monthly basis, within
approximately 30 days following the end of each month. Payments of
commissions shall be made directly to you as per your preferred payment
method elected by you as part of your application process. In the event
that you provide 1800aff with incorrect or incomplete details in
relation to your preferred payment method and 1800aff is not able to
transfer the commissions to you, 1800aff reserves the right to subtract
from the commissions due to you an amount of money to reflect the
required investigation and additional work created by your having
provided incorrect or incomplete details. 1800aff shall be entitled to
set-off from the amount of commission to be paid to you any associated
costs related to the transfer of such commission. In the event that the
commission to be paid to you in any calendar month is less than $50 (the
"Minimum Amount"), 1800aff shall not be obligated to make the payment
until such time as the commission is equal to or greater than the
Minimum Amount.
1800aff retains the right to review all commissions for possible
Fraud, where such Fraud may be on the part of your visitor or on your
part. During the period of time in which 1800aff shall review
commissions for possible Fraud, where such review period shall not to
exceed 180 days, 1800aff shall have the right to withhold any commission
accrued in your favor until such time as the review has been concluded.
Any incidence of Fraud on your part constitutes a breach of this
Agreement, and 1800aff retains full authority to terminate this
Agreement immediately in the event of such breach. Further, in the event
that 1800aff deems that fraud has occurred, either on your part or on
the part of your visitor you shall not be entitled to receive any
commissions which have accrued to your benefit at such time whether such
commissions were generated through fraud or otherwise. 1800aff retains
the right to set-off from future commissions payable to you any amounts
already received by you which can be shown to have been generated by
Fraud. You are urged to provide accurate details in regard to the manner
and information relating to your preferred method of receiving
commissions and 1800aff shall not be held liable for your delayed
receipt of commissions due to your provision of inaccurate details.
For the purpose of this Agreement and by way of example only the term
"Fraud" shall include, but shall not be limited to, actual or attempted
(i) bonus abuse on the part of your visitors, (ii) the encouragement by
you or a third party of bonus abuse on the part of your visitors, (iii)
a chargeback executed by your visitor in relation to their initial
deposit or purchase, (iv) collusion on the part of your visitor with any
other visitor on the Sites, (v) the opening of an account in breach of
the terms of this Agreement, (vi) the offering or providing by you or
any third party of any unauthorized incentives (financial or otherwise)
to potential buyers or clients and (vii) any other act by you or by your
visitor which is reasonably understood to have been committed in bad
faith against 1800aff regardless of whether or not such action has
resulted in any type of harm or damage to 1800aff.
CONFIDENTIAL INFORMATION
As used herein, "Confidential Information" shall mean all oral or
written information, of whatever kind and in whatever form, relating to
past, present or future products, software, research, development,
inventions, processes, techniques, designs or other technical
information and data, and marketing plans (including such information of
third parties that a party hereto is obligated to hold as confidential),
provided that such information has been reasonably identified as or
could be reasonably considered to be proprietary or confidential, that
either party:
(a) may have received prior to the date of this Agreement, whether
directly from the other or indirectly from third parties; or (b) may
receive hereunder from the other.
Each party agrees that, with respect to its receipt of Confidential
Information of the other party, it shall:
(i) use the same care and discretion to prevent disclosure of such
Confidential Information as it uses with similar Confidential
Information of its own that it does not desire to disclose, but in no
event with less than a reasonable degree of care;
(ii) accept such Confidential Information and use such Confidential
Information only for the purposes permitted hereunder; and
(iii) restrict disclosure of Confidential Information solely to those of
its employees and agents who have a need to know and are obligated not
to disclose such Confidential Information to any third parties.
The foregoing restrictions shall not apply to information that:
(a) is or hereafter becomes part of the public domain through no
wrongful act, fault, or negligence on the part of the recipient;
(b) the recipient can reasonably demonstrate is already in its
possession and not subject to an existing agreement of confidentiality;
(c) is received from a third party without restriction and without
breach of this Agreement;
(d) was independently developed by the recipient as evidenced by its
records; and
(e) the recipient is required to disclose pursuant to a valid order of a
court or other governmental body; provided, however, that the recipient
shall first have given notice to the disclosing party and shall give the
disclosing party a reasonable opportunity to interpose an objection or
obtain a protective order requiring that the Confidential Information so
disclosed be used only for the purposes for which the order was issued.
The termination of this section 4 shall survive the termination of this
Agreement.
LIABILITY
The Member acknowledges that 1800aff does not advocate or endorse the
purchase or the use of any services offered by the Merchant through the
Merchant's sites or through its software, nor does it guarantee the
quality, fitness, or results of any such service or compliance with any
law or regulation. The Merchant represents and warrants that:
(a) The Merchant has the right to enter into this Agreement and to grant
the rights and licenses granted herein; and
(b) The Merchant's software, and the reproduction, distribution,
transmission, public performance and public display of the Merchant's
Material in connection with the Member site, do not:
(i) invade the right of privacy or publicity of any third person; or
(ii) contain any libelous, obscene, indecent or otherwise unlawful
material.
The Member represents and warrants that:
a. the Member has the right to enter into this Agreement;
b. the Member site does not, and the reproduction, distribution,
transmission, public performance and public display of the Member
Materials as permitted herein, do not:
(i) invade the right of privacy or publicity of any third person,
(ii) contain any libelous, obscene, indecent or otherwise unlawful
material, or
(iii) infringe any patent, copyright or trademark right in any
jurisdiction; and
c. the Member has received no notice of such invasion, violation or
infringement of rights.
TERM AND TERMINATION
The term of this Agreement will begin when you download a banner and
link it to our site or the Merchant's Site (s) and will be continuous
unless and until either party notifies the other in writing that it
wishes to terminate the Agreement, in which case this Agreement may be
terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY
EITHER PARTY. For purposes of notification of termination, delivery via
e-mail is considered a written and immediate form of notification. Upon
termination:
You must remove the 1800aff or Merchant's banner/s from your site
and disable any links from your site to ours and theirs.
- All rights and licenses given to you in this Agreement shall
immediately terminate.
- You will be entitled only to those unpaid referral fees, if any,
earned by you on or prior to the date of termination. You will not
be entitled to referral fees occurring after the date of
termination.
- If you have failed to fulfill your obligations and
responsibilities, we will not pay you the referral fees otherwise
owing to you on termination.
- We may withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
- If we continue to permit activity (generation of revenue) from
customers after termination, this will not constitute a continuation
or renewal of this Agreement or a waiver of termination.
- You will return to us any confidential information, and all
copies of it in your possession, custody and control and will cease
all uses of any trade names, trademarks, service marks, logos and
other designations of our Merchants.
- You and we will be released from all obligations and liabilities
to each other occurring or arising after the date of such
termination, except with respect to those obligations which by their
nature are designed to survive termination, as set out in this
Agreement. Termination will not relieve you from any liability
arising from any breach of this Agreement which occurred prior to
termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE
DISCRETION) THAT YOUR SITE IS UNSUITABLE.
1800aff may from time to time review affiliates’ participation in the
program. 1800aff may choose to cancel an affiliate’s participation in
the program, at its absolute discretion, if it reasonably believes the
affiliate to have behaved in such a manner contrary to the terms or
intent of the program.
Unsuitable sites may include those that: are aimed at children, promote
sexually explicit materials, promote violence, promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age, promote illegal activities, or violate intellectual
property rights.
RISK ALLOCATION
Neither party will be liable to the other party (nor to any person
claiming rights derived from the other party's rights) for incidental,
indirect, consequential, special, punitive or exemplary damages of any
kind -- including lost revenue or profits, loss of business, or loss of
data -- arising out of this Agreement (including without limitation as a
result of any breach of any warranty or other term of this Agreement),
regardless of whether the party liable or allegedly liable was advised,
had other reason to know, or in fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that their
respective websites will perform in the manner expected or without
interruption, error, or defect, or that any revenue to either party will
result from the activities contemplated by this Agreement. Except as
expressly set forth in this agreement, neither party makes any
warranties of any kind, express or implied, including warranties of
merchantability or fitness for a particular purpose or warranties
against infringement of any intellectual property rights not
specifically enumerated.
ASSIGNMENT
Except as otherwise provided herein, neither 1800aff nor the Member may
assign this Agreement or any of its rights or delegate any of its duties
under this Agreement, without the prior written consent of the other.
Any purported assignment or delegation without such required consent
shall be null and void.
GOVERNING LAW
This Agreement, its interpretation, performance or any breach thereof,
shall be construed in accordance with, and all questions with respect
thereto shall be determined by, the internal substantive laws of Great
Britain.
SINGLE ACCOUNT
The Member agrees to operate a single Member site with the Merchant's
Site (s). If 1800aff should discover, using information it deems
appropriate in the circumstances, that the Member is operating more than
one Member account, this Agreement shall terminate and the Member will
forfeit all rights to commissions and referral bonuses. Several sites
may be registered to the one account; however, the placement of any site
banner on a new site, under the 1800aff Members Program, MUST be
reported by the Member and cleared by the 1800aff Support Team
beforehand, and failure to do so may result in the termination of the
Member's account. The Member will also forfeit all rights to commissions
and referral bonuses.
INDEPENDENT CONTRACTORS
1800aff and the Member are independent contractors under this Agreement,
and nothing herein shall be construed to create a partnership, joint
venture, or agency relationship between 1800aff and the Member. Neither
party has the authority to enter into Agreements of any kind on behalf
of the other party.
DISCLAIMER
It is the Member's responsibility to declare taxes from their Member's
profits, according to their country's regulations. An institutional bank
located in The Netherlands issues the Member's payments; therefore,
1800aff will not issue any forms relating to this matter.
WAIVER
No waiver of any breach of any provision of this Agreement shall
constitute a waiver of any prior, concurrent or subsequent breach of the
same or any other provisions hereof, and no waiver shall be effective
unless made in writing and signed by an authorized representative of the
waiving party.
MODIFICATIONS
1800aff may modify any of the Terms and Conditions set forth in this
Agreement by posting the modified Terms of Use at:
http://www.1800aff.com/terms.html or at another site it chooses, and
by notifying the Member of the modifications via email notice.
Modifications may include, for example, changes in the scope of
available referral fees, fee schedules, payment procedures and referral
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.
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