Affiliate Program Agreement -- Terms of Service
By signing up as an affiliate with ASAP Inkjets, you agree to the following Terms of Service.
This agreement is by and between ASAP Inkjets and/or their assigns and all affiliates. Unless the context requires otherwise, ASAP Inkjets. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or affiliate."
Affiliate represents and warrants to ASAP Inkjets, that Affiliate has read and understands the Company Policies that are set forth on our web site and agree to the terms set forth therein.
ASAP Inkjets reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate's acceptance of income, shall constitute Affiliate's acceptance of any and all amendments.
You understand that ASAP Inkjets. and/or their assigns does not guarantee or predict any type of profit or response from said services. Affiliate agrees to hold ASAP Inkjets harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which ASAP Inkjets and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote ASAP Inkjets in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE ASAP Inkjets , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately and you may forfeit any oustanding commissions. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You will also forfeith any outstanding commissions. You may also be subject to fines and legal actions as a result of your bulk email promotion..
E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. All Affiliate payments will be made in U.S. dollars. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. ASAP Inkjets reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction. If your account balance goes into the negative (such as for refunds where we will subtract your commission from your earned balance, but where you might have been paid for that commission in the past -- such as in the case of a refund made after the initial 30 days) we will have no choice but to send you an invoice for the amount that is to be reimbursed to us. We will expect this reimbursement to be paid immediately, or we will have no choice to terminate your affiliate account.
J. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the affiliate, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
K. ASAP Inkjets is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links.
L. ASAP Inkjets will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Company Web site. ASAP Inkjets will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate. ASAP Inkjets is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interphere with, disrupt or diminish tracking or service.
M. Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the ASAP Inkjets. ASAP Inkjets products and services, and Affiliate agrees to hold ASAP Inkjets harmless from same.
N. Affiliate agrees that this offering is made from the ASAP Inkjets Company location and shall be governed by the laws of the State of California where ASAP Inkjets is located, in the U.S.A..
O. ASAP Inkjets obligations and Affiliate remedies are solely and exclusively as described and limited in this agreement. ASAP Inkjets liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products,services or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall ASAP Inkjets be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate.
P. ASAP Inkjets reserves all rights not expressly granted here.