Ezine Ad Team Program Affiliate Terms and Conditions
1. "Ezine Ad Team" refers to Weber Media Design also
doing business as Ezine Ad Team based
in Wisconsin, USA.
2. The Affiliate is a person or an entity that has registered
with the Ezine Ad Team Affiliate Program. The term "Affiliate" does not imply any
formal association with Ezine Ad Team .
3. By this agreement, the Affiliate is granted a non-exclusive,
revocable right to market and advertise the Ezine Ad Team Affiliate program and
the following products or services: Ezine Ad Team Advertising, hereinafter referred
to as "Ads".
Participation in Program:
1. To enroll in the Ezine Ad Team Affiliate program,
the Affiliate must fill out the registration form with current, complete, and accurate
information. If there is a need to update this information, the Affiliate should
update their information located in the secure control panel located at http://EzineAdTeam/ControlPanel.aspx
(login required).
2. Providing false information in the registration form
will result in immediate termination from the program and will forfeit all outstanding
Affiliate Sales Commissions.
3. Ezine Ad Team reserves, at its sole discretion,
the right to refuse to anyone participation in the Affiliate Program at any time.
Ezine Ad Team also reserves the right to refuse Affiliates from certain countries
that have a track record of originating credit card fraud.
4. Upon registration, the Affiliate must accept the Terms
of Service stated herein, and the Ezine Ad Team Anti-Spam Policy.
5. The Affiliate can purchase Ezine Ad Team products
through their own referral link and will receive Affiliate Sales Commissions from
those purchases.
6. Any attempt to artificially inflate Affiliate Sales
Commissions will result in immediate termination of this agreement and will forfeit
all outstanding Affiliate Sales Commissions.
7. In particular, the Affiliate cannot register to the
Ezine Ad Team Affiliate Program as a sub-affiliate of themselves.
Obligations of Ezine Ad Team:
1. Ezine Ad Team agrees: to pay Affiliate Sales Commissions
on sales of Ezine Ad Team products referred directly by the Affiliate.
2. to grant the Affiliate access to their Affiliate account
- login and password protected area where the Affiliate can look up their affiliate
URLs, information about referred sales and commissions.
3. at its sole discretion and choice, to grant the Affiliate
access to materials containing Ezine Ad Team products, logos, and / or other promotion
materials ( hereinafter referred to as "marketing materials"). It does not imply
any obligation to deliver such materials to the Affiliate
Affiliate Obligations:
1. The Affiliate agrees: to receive commercial information
about the Affiliate program and Ezine Ad Team Products.
2. that participation in the Affiliate Program is at
their sole risk.
3. that trademarks and other materials, in particular,
but not limited to, the marketing materials, are the property of Ezine Ad Team and
may be used by the Affiliate for promotion of Ezine Ad Team products and services
in relation to the Affiliate Program only according to the instructions of Ezine
Ad Team. The instructions are placed on the Affiliate Panel.
4. to be responsible for all taxes and other similar
levies applicable to the Affiliate Sales Commissions pursuant to any law or regulation.
The Affiliate shall report Affiliate Sales Commissions to their tax authorities
as required by applicable law.
5. to provide Ezine Ad Team, with current, full and accurate
details or documents within two (2) days from the initial request, should Ezine
Ad Team be responsible for provision of such documents or details under any tax
law or regulation. In particular, if an Affiliate is a U.S. citizen, resident, or
organization, Ezine Ad Team shall require a tax ID, or Social Security number in
case of individuals, a tax registration name, and a tax classification.
6. The Affiliate shall market and advertise the Affiliate
Program and/or Products diligently and in goodwill, and shall develop, operate and
maintain their website and referral links, at their sole cost, expense, and risk.
7. The Affiliate shall be solely responsible for all
materials that appear on their site. The Affiliate should strictly adhere to all
applicable laws and regulations in conducting theis business, and more specifically
in marketing and advertising the Ezine Ad Team Products. Note that these trademarks
and other materials provided by Ezine Ad Team at the Affiliate panel are the subject
of copyrights of Ezine Ad Team and the Affiliate is authorized to use these materials
only in such a way it is advised within the instructions. Should the Affiliate want
to use these trademarks and/ or other materials otherwise than stated in the instructions,
they are required to receive a prior permission from Ezine Ad Team in written. In
the event the Affiliate used these trademarks and other materials violating the
provisions above, Ezine Ad Team shall, with no limitations to its rights arising
out of the copyrights laws and laws protecting trademarks, send a warning message
and call the Affiliate to stop the unauthorized use of the trademarks and other
materials of Ezine Ad Team and, at its sole discretion, terminate the Agreement
immediately.
8. The Affiliate represents and warrants to Ezine Ad
Team that this Agreement has been duly and validly executed and constitutes a legal
obligation, enforceable with the terms of this Affiliate Agreement.
9. The Affiliate shall not send unsolicited e-mail and
shall not send e-mail nor any other communication to a recipient if the recipient
has not expressed their prior consent.
10. The Affiliate shall acknowledge and clearly identify
and respect that all proprietary information, trademarks, copyrights and all other
similar rights in and arising out of the Ezine Ad Team Products are, and shall continue
to be, the exclusive property of Ezine Ad Team.
11. Ezine Ad Team shall have the right to approve or decline
the graphics, logos, banners and other materials used by the Affiliate in relation
to the referral link to the Ezine Ad Team Products and to make suggestions related
to this issue to the Affiliate.
12. The Affiliate agrees to conform to the suggestions
made up to them by Ezine Ad Team, in particular the Affiliate is obliged to make
changes to their website and other marketing materials used to promote Ezine Ad
Team Products.
13. The Affiliate is not allowed to associate any marketing
materials with pornography, adult rated material, child pornography, bigotry, racism,
hatred, profanity, mail fraud, or any material which may be insulting to another
person or company.
14. The Affiliate agrees that their participation in
the Affiliate Program is subject to all applicable national, international, state,
and local laws and any and all applicable regulations, including these Terms of
Service.
15. Furthermore, the Affiliate agrees that they shall
not (i) associate any content made available on the Affiliate Panel, in particular,
the marketing materials or (ii) offer to provide any goods or services, or (iii)
engage in business practices that:
1. are unlawful, threatening, abusive, harassing, defamatory,
obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's
privacy, tortuous, or otherwise violate Ezine Ad Team's rules or policies
2. victimize, harass, degrade, or intimidate an individual
or group of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability
3. associate any content broadcasted through the Service
with pornography, adult related material, child pornography, bigotry, racism, hatred,
profanity, mail fraud, or any material which may be insulting to another person
or company
4. infringe on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party, including, but not
limited to, unauthorized copying and posting pictures, logos, software, articles,
musical works and videos
5. contain harmful content, including, without limitation,
software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any
other files, software programs, or technology that is designed or intended to disrupt,
damage, surreptitiously intercept or expropriate services or any system, program,
data or personal information, or limit the functioning of any software, hardware,
or equipment or to damage or obtain unauthorized access to any data or other information
of any third party.
6. impersonate any person or entity, including any of
our employees or representatives.
7. violate any law, statute, ordinance, or regulation
including, without limitation, those governing consumer protection, Internet tobacco
sales, unfair competition, antidiscrimination or false advertising.
8. offer or disseminate fraudulent goods, services, schemes,
or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or
engage in any unfair deceptive act or practice.
9. are associated with any form of gambling or lottery
type services.
10. are associated with any form of adult, sexually oriented,
or obscene materials or services, including without limitation, any material clearly
designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos,
X-rated movies, pornographic materials, etc.), any materials which require individuals
to be eighteen (18) or older to view or purchase those materials, escort services,
and adult websites.
11. are associated with the sale of:
i. any controlled drug that requires a prescription from
a licensed practitioner; or
ii. any over-the-counter drug, or
iii.
nonprescription drugs
12. are associated with illegal telecommunications or
cable television equipment, such as access cards, access card programmers and unloopers,
cable descramblers or filters.
13. are associated with weapons of any kind and related
items, including firearms, firearm parts and magazines, ammunition, BB and pellet
guns, tear gas, stun guns, switchblade knives and martial arts weapons.
14. market for:
i. nicotine, nicotine products, products imitating nicotine
products, symbols relating to smoking or nicotine
ii. alcohol of any kind
iii. drugs of any kind, products relating to drugs, symbols
relating to drugs, the use of drugs of any kind iv. medical
services, medical aid, medical assistance, medicines
v. video lotteries, cylindrical games, card games, dicing,
and automated games.
15. call on minors directly to purchase Ezine Ad Team
Products
16. encourage minors to influence their parents or other
persons with an aim of impelling them to buy Ezine Ad Team Products
17. take advantage of minors' trust upon their parents,
teachers or other persons
18. unreasonably show minors in dangerous situations,
or
19. use the Service to affect to subconscious of a recipient.
Referral links/Cookies:
1. Upon registration, Ezine Ad Team assigns the Affiliate
referral links which redirect to an Ezine Ad Team website.
2. The referral links contain a unique affiliate login
assigned to the Affiliate. This information is saved on the computer of the visitor,
who enters the Ezine Ad Team website thru the referral link, in the form of a cookie.
3. The Affiliate Sales Commissions are tracked through
the use of cookies. In some cases, it will not be possible to track traffic from
the Affiliate's site to an Ezine Ad Team website, because the visitor is using cookie-blocking
software. Ezine Ad Team is only responsible for paying commissions on sales that
can be tracked back to the Affiliate using the technology in use by Ezine Ad Team.
4. Furthermore, Ezine Ad Team uses a "first Affiliate
owns the visitor for 72 Hours" system, under which a particular Internet user is
assigned to the first Affiliate whose referral link he or she clicked on to visit
an Ezine Ad Team website. For instance, the user visits Affiliate A; then enters
Ezine Ad Team website but does not make a purchase; then later visits Affiliate
B within 72 hours; enters Ezine Ad Team website and makes a purchase. In this case,
the buyer is assigned to Affiliate A, and the commission is paid to Affiliate A.
If user visits Affiliate B and enters the Ezine Ad Team website after the 72 hours,
the commission would be paid to Affiliate B.
Affiliate Sales Commissions:
1. The Affiliate shall receive a sales commission for
each sale made up by a customer referred by the Affiliate. It means that the Affiliate
will receive the sales commission upon accepted payment if only the customer was
referred thru the referral link and the Customer's software allowed Ezine Ad Team
to save a referral cookie.
2. Commissions are calculated as a percentage of the
amount paid by the customer referred by the Affiliate. The standard commission rates
are provided on the Affiliate Panel. In most cases, the standard rate amounts to
50% from sales emanating from the Affiliate referring an Ezine Ad Team product to
others, unless otherwise stated or negotiated between the Affiliate and Ezine Ad
Team
3. Ezine Ad Team reserves the right to discount the price
of the products for chosen customers. As commissions reflect a percentage, not a
particular sum, it is possible that the commission on the sale of the same product
may be different every month.
4. The commissions are calculated upon order completion.
The Affiliate is entitled and has a right to check the sales commissions due on
their Affiliates panel.
5. Based on internal risk analysis, Ezine Ad Team reserves
the right to withhold first time payments, and any other payments originating from
an account where there is suspected fraud activity, for a period of up to 3 months.
6. Affiliate checks are mailed via regular mail to the
address provided upon registration, upon request if your account is $5.00 or more.
7. Ezine Ad Team reserves the right to change the rate
of commission and product prices at any time. Any Affiliate Sales Commissions accrued
after such a change will be at the new rate.
Refunds/Chargebacks/Fraud:
1. Any customer refunds or credit card chargebacks owed
by Ezine Ad Team to the referred customer will result in the appropriate commission
(hereinafter referred to as "deducted commission") amount being deducted from the
Affiliate's account balance. If the commission from that sale has already been paid
to the Affiliate, the amount will be deducted from the next monthly payment. If
the commission owed to the Affiliate in the next month will not be sufficient to
satisfy the deducted commission, the Affiliate will be invoiced for the payment
of the remaining debt immediately. Ezine Ad Team reserves itself the right to terminate,
at its sole discretion, the Agreement immediately in the event of not receiving
the remaining debt instantly after the invoice.
2. Any fraudulent activity that can be traced directly
to the Affiliate's actions will cause immediate termination, forfeiture of any commissions
earned, and legal prosecution if possible. Ezine Ad Team reserves the right to decline
sales from any country should it have any reason to believe the order may be fraudulent.
Disclaimer of warranties, limitation of liabilities:
1. In
no event shall Ezine Ad Team be liable for special, incidental, consequential or
punitive damages, including, without limitation, any damages resulting from loss
of profits, loss of business or loss of goodwill arising out of or in connection
with this agreement or any of the products, whether or not such party has been advised
of the possibility of such damages. Ezine Ad Team shall not be liable for any damages
if, for any reason whatsoever, its website fails or is non-operational.
2. Should the fulfillment of any obligation of Ezine
Ad Team arising out of this Agreement, whether Ezine Ad Team or its Employee, or
its independent sub-contractor, be prevented or hindered directly or indirectly
by fire, the elements or civil commotion, strikes or lock-outs, shortage of labor,
breakdown or partial failure of machinery, short, temporarily and accidental suspension
of providing the services in relation to this Agreement or Ezine Ad Team websites
and Ezine Ad Team Products, or delay on the part of any independent sub-contractor
or supplier as a result of circumstances which neither Ezine Ad Team nor the Affiliate
could foresee or suspect, or acts, orders or regulations of the Government, or any
other cause whatsoever beyond the reasonable control of Ezine Ad Team, then the
time for fulfillment any obligations of Ezine Ad Team arising out of this Agreement
shall be extended for a reasonable period having regard to the effect of the delaying
cause.
3. Ezine Ad Team will not be responsible if a referred
purchase goes unregistered for any reason.
4. Ezine Ad Team will not be responsible for any intermediary
charges, transaction fees and other costs or expenses accrued by the Affiliate.
5. Any correspondence relating to the non-receipt of
a commission check, loss of a commission check, or inability to cash the commission
check, must be initiated by an Affiliate within a reasonable time to arrange alternative
payment method.
Termination of contract :
1. Ezine Ad Team reserves the right to refuse or restrict
access to the Ezine Ad Team Affiliate Program to anyone at any time and for any
reason.
2. Ezine Ad Team reserves the right to terminate the
contract with the Affiliate immediately and without notice and forfeit all affiliate
commissions if the Affiliate is involved with any of the following:
1. promoting Ezine Ad Team products in any relation with
information or for any purpose which is scandalous, obscene, defamatory or immoral,
or uses the Ezine Ad Team products in relation or for any other purpose which is
prohibited by law,
2. sending unsolicited email or engage in any other communication
to a recipient if the recipient has requested that it discontinue such communication,
3. misrepresenting Ezine Ad Team, or any of Ezine
Ad Team products in any way,
4. using or permitting or accepting the use of any name,
or trademark, or service mark, that belongs to Ezine Ad Team, or any promotional
material or any content provided by Ezine Ad Team on the Affiliates Panel, Ezine
Ad Team Website or in relation to the Ezine Ad Team Products, themselves or by any
third party in a manner that would lead a reasonable person to believe that the
name or trademark or service mark or content is a property of the Affiliate or such
a third party,
5. violating any obligation stated in the Section 3 of
these Terms of Service.
6. providing false, invalid, incomplete, inaccurate information
referredto in Section 1 of these Terms of Service and/or not updating them if necessary
will result in immediate termination from the program and will forfeit all outstanding
Affiliate Sales Commissions.
Final provisions
1. The validity and enforceability of any legal and enforceable
provisions hereof. The illegality, invalidity or unenforceability of any provision
of these Terms of Service shall not affect the legality, validity and enforceability
of any other provisions hereof.
2. It is also understood and agreed by the parties that
if any provision of this Agreement is prohibited or is unenforceable under the law
of any government having jurisdiction,
(i) such invalid or unenforceable provision
will be modified to the extent necessary to render it valid and enforceable without
altering its intent, or
(ii) if such modification is not possible, these Terms of
Service will be construed as if such invalid or unenforceable provision had never
been contained in these Terms of Service.
3. Ezine Ad Team reserves the right to modify, add or
delete any documents, information, graphics or other content appearing on or in
connection with the Ezine Ad Team.com website, or websites of any Ezine Ad Team
Products, including these Terms of Service, at any time without prior notice. The
Affiliate agrees that their continued use of the Service after such update will
constitute their acceptance of and agreement to be bound by the updated Terms of
Service.