Affiliate Agreement
Terms & Conditions
This page describes the terms and conditions which govern your participation in the Uniquechecks.com Affiliate Program.
I agree to the Terms &
Conditions of the Unique Checks Affiliate Program.
"Affiliate", "You" and "Your" refer to you the applicant. "We", "Our" and "Us" refer to Uniquechecks.com. "Referring Web Site" refers to the web site from which you link to our web site.
Referral Web Site:
Affiliate may provide a link from a Referring Web Site to our web
site and earn referral fees. Affiliate may remove said link from
a Referring Web Site and re-link to our web site at any time without
prior approval. Affiliate may not display our name or link in any
way that may defame us or mislead the customer.
Affiliate may not link to our web site from a Referring Web Site
which engages in or promotes SPAM, pornographic material, violence,
discrimination based on race, gender, religion, nationality, disability,
sexual orientation, or age.
The Affiliate must ensure that materials posted on your site do
not violate or infringe upon the rights of any third party and are
not libelous or otherwise illegal.
If the Affiliate specifies a price point for our products in its
marketing and advertising, it shall ensure that it is updated regularly
to reflect all price changes.
We shall have the right, but not the obligation, to monitor the
Affiliate’s Referring Web Site at any time and from time to
time determine if it is in compliance with the terms and conditions
of this Agreement.
The Affiliate shall indemnify and hold us harmless to all claims,
damages and expenses relating to the development, operation, maintenance
and contents of the Affiliate’s site.
No SPAM:
Promoting our services via unsolicited e-mail is strictly prohibited, and the Affiliate must agree to not reference us in any way, shape or form, in any e-mail that the Affiliate sends in which the recipient has not specifically asked to receive it. Affiliates in violation of this policy will forfeit their commissions and be removed from the Unique Checks Affiliate Program.
SPYWARE and other Parasites:
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Referring Web Site and/or its partner sites) is subject to punitive actions by Us, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance.
Qualifying Services:
All products sold by us to customers originating from the Affiliate's Referring Web Site or Referral URL, qualify to earn the Affiliate referral fees. The Affiliate will not receive referral fees if the Affiliate places an order on behalf of a Customer. In order to receive referral fees, the Customer must place the order him/herself.
Prices:
Prices of our products may be changed at any time, solely at our discretion, by posting the revised prices on our web site. The Affiliate acknowledges that changes in the prices of our products will change the referral fees earned by the Affiliate (price changes however, will not change the commission rate).
Payment:
Affiliates will only be credited for purchases made by first-time
customers via the Internet, and NOT purchases made by re-order customers.
Affiliates will be issued one commission payment check for
each month that they are due payment. If this commission check
is not cashed or claimed within 90 days of being issued, the check
is deemed void and no replacement check will be provided. Affiliates
who do not claim their commission check, as outlined above, will
have in effect agreed to forfeit their commission for that month.
Referral Fee Payments:
We will mail a referral fee payment in US dollars for the applicable
referral fees on or before the last day of each calendar month
for the previous month’s referral fees, as long as the amount
due to the Affiliate is more than or equal to US $25. If the amount
due to Affiliate is less than US $25, the amount will be carried
forward to the next month. Referral fee overpayments may be deducted
from future payments or shall be reimbursed by the Affiliate. An
online statement of customer purchase activity is available to the
Affiliate at all times.
Returns and Cancellations:
If purchased products are cancelled by the Affiliate’s customer,
or if we have to issue a refund to the Affiliate’s customer
for any reason, the corresponding referral fee(s) will be deducted
from the Affiliate’s current or next monthly referral fee
payment. If the aforementioned referral fee(s) is more than the
amount due to the Affiliate, the Affiliate will be billed for the
balance amount.
Tax Reporting:
The Affiliate shall be responsible for all taxes and other similar
levies applicable to the referral fees pursuant to any law or regulation.
The Affiliate shall refer the referral fees to its taxation authorities
as required by law.
Our Policy:
Every customer who purchases a Qualifying Product is deemed to be
our customer. We will be in direct contact with the customer for
the purpose of fulfilling the customer’s order. The Affiliate
shall refer all questions, requests and queries regarding our services
to us. The Affiliate does not have the authority to make or accept
any offer on our behalf.
You and Unique Checks are independent contractors and nothing
in this agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between
the parties. You will have no authority to make or accept any offers
or representations on our behalf. You will not make any statement,
whether on your site or otherwise, that reasonably would contradict
anything in these terms and conditions.
Promotion of Unique Checks Affiliate Program:
We will make available to you a variety of graphic and textual links,
which you may display as often and in as many areas on your site
as you wish (subject to the terms and conditions herein). You agree
to display on your site, only graphical links that have been provided
by us. All banners must feature the Unique Checks brand name. You
will substitute such links provided by us from time to time throughout
the term of this Agreement. You will display links prominently in
relevant sections of your site. You can display textual links provided
by us or created by you in the manner outlined herein. Sample copies
of text links are available by e-mailing affiliatemanager@UniqueChecks-affiliates.com.
The Affiliate shall not author or issue any announcements or press
releases to the media without sending a copy to affiliatemanager@UniqueChecks-affiliates.com
for review. You may only use such material if and when you receive
our written consent.
You hereby agree that your site will not contain any content of
our site or any materials that are proprietary to Uniquechecks.com,
except with our prior permission or materials which are obtained
by you via the Unique Checks Affiliate site in accordance with the
provisions hereof or the policies or instructions thereon.
You agree that your domain name does not and will not contain
the following words: “UNIQUE CHECKS ”.
Note: Our two tier affiliate program is in place to reward our affiliate partners for referring new affiliates to our program. Therefore, you are not eligible to be a member of your own second tier.
Service Interruption and Tracking:
We will make every effort to ensure that our web site is operational
and to track the Affiliate’s referred customers. However,
certain unavoidable technical difficulties may occasionally cause
temporary service and tracking interruptions. The Affiliate agrees
that we are not liable in any way for such interruptions.
References/Testimonials:
The Affiliate agrees to cooperate with us in the development of
testimonies and other such marketing material. The Affiliate grants
us unlimited rights to reference the Affiliate in any and all marketing
materials, without further compensation.
Modification:
We may modify any of the terms and conditions contained in this
Affiliate Agreement at any time at our sole discretion. You will
be notified by e-mail and a change notice will be posted on our
affiliate site. Modifications may include, but are not limited to,
changes in the scope of available commissions, commission schedules,
payment procedures and Affiliate Program rules. If any modification
is unacceptable to you, your only recourse is to terminate this
agreement. Your continued participation in the Unique Checks Affiliate
Program following our posting of a change notice or new agreement
on our site will constitute a binding acceptance of the change.
Term and Termination:
We have the right to terminate the Agreement at any time, either
due to breach of its terms or otherwise, by notifying the Affiliate
through e-mail. The Affiliate may terminate the Agreement at any
time by notifying us through e-mail. If the Agreement has not been
terminated due to breach of its terms, the final referral fee payment
to the Affiliate will be made to the Affiliate within a reasonable
period of time. If the Agreement has been terminated because of
breach of terms by the Affiliate, the Affiliate will automatically
forfeit any referral fees then receivable or receivable in the future.
I
agree to the above Terms & Conditions of the Unique Checks
Affiliate Program. |
