Clarification of Answer by
kriswrite-ga
on
31 Mar 2004 13:22 PST
Hi hsb~
I'm sorry for the confusion. As I stated earlier, I had understood
that you wanted all the information on the two pages you included in
your question considered--not linking pages, too (a much larger job!).
The following should now cover your needs.
A quick disclaimer about the Agreement. It is pretty standard, with
the familiar, pat phrases of most contracts. However, I am not a
lawyer, and my handling of this contract is not a substitute for the
advise or representation of a lawyer.
Regards,
kriswrite
APPLICATION FORM
Username*
Password*
Password Hint*
First Name*
Last Name*
Company/Organization
Make Check Payable To*
Email*
Tax ID or Social Security Number*
Address*
City*
Sate*
ZIP*
Country*
Phone*
Fax
Site URL*
Site Title*
Comments
I agree to the terms and conditions of this Program*
*Required
FAQ
What do I do to get started?
First, read the Affiliate Agreement. Then complete and submit our
online Application Form. We will contact you once your form is
received.
Does it cost me anything to be an Affiliate?
No. There are no fees involved.
How does the QRSTdating Affiliate Program work?
When visitors from your site clink your Affiliate link and purchase
services at our site, you receive a commission. When your web viewers
initially subscribe to QRSTdating, you?ll earn a 40% commission! Every
time they renew?no matter how many years they continue to
subscribe--you?ll receive 20%. And if you send another website owner
our way, and they become an Affiliate, you?ll earn 10% on *their*
commissions!
Is there a cap on what I can earn?
No. Depending on your web site visitor?s habits, you may earn a few
dollars?or much more!
I'm outside the U.S. Can I still be an Affiliate?
Yes.
If I have more than one website, can I sign them all up?
You may place the link or banner we specify on as many of your own
websites as you like. All referral fees will be paid to you in one
check. If you like, we can track the sales on each website separately,
however; just contact us at (address here).
If I don?t have a website, can I participate?
No, you must have a website to be an Affiliate.
How do I know if my website qualifies for the Program?
Just fill out an application, and we?ll let you know. Most websites
qualify; see the Agreement for more information.
May I have more than one link to your site?
You may place as many links to us on your web site as you like.
How do I change my account information?
Go to (address here).
How do I keep track of my earnings?
Go to (address here). This information is updated periodically.
How often will I get paid?
We?ll send you a check every month you earn $50 or more.
How will cancellations or other customer problems affect my earnings?
If a customer cancels their service, or doesn?t pay, etc., we will
reflect that loss on your account.
Do I have to worry about processing orders?
No, we take care of that.
How do you know which orders came from my site?
You will be given an Affiliate ID, and all links from your site to
ours will be contain this code. This enables us to see exactly which
customers originated from your site.
AFFILIATE AGREEMENT
(NOTE: You really should have a lawyer look at this and comment on it.)
This document is the complete agreement; it contains all the terms and
conditions that apply to an individual?s or entity?s participation in
the QRSTdating Affiliate Program (hereafter, the ?Program?).
Throughout this agreement, the words ?we,? ?us,? and ?our? refer to
QRSTdating, and its associated properties. ?You? and ?your? refer to
the Affiliate applicant. ?Site? refers to a website, either
QRSTdating?s website or the applicant?s. "Affiliate" refers to any
individual or entity participating in our Affiliate Program.
ENROLLEMENT
To become an Affiliate for QRSTdating, you must first submit a
completed XXX Affiliate application. Your application will be
considered in good faith, and we will contact you about it?s rejection
or acceptance. Applications may be rejected if we believe for any
reason whatsoever that your site is unsuitable. Unsuitable sites may
include, but aren?t limited to, sites promoting illegal activities,
promoting violence, promoting discrimination, or breaching
intellectual property rights. You may reapply if your initial
application is rejected. If your site is accepted into the Program,
but we find (at any time) that it is unsuitable for any reason
whatsoever, we may terminate this Agreement.
You represents that all information submitted to us is true and
complete and that you will maintain and update all contact and other
information for accuracy. QRSTdating reserves the right to terminate
this agreement if the information provided is not accurate or
maintained in a timely manner, as we solely decide.
QRSTdating may, at its discretion, contact you from time to time by
phone, email, or other means.
RIGHTS GRANTED
We grant you non-transferable, non-exclusive, worldwide, royalty-free
license for the duration of this Agreement, for the purpose of make
possible referrals from your site to our site. This right may be
revoked at any time, at our discretion.
You may offer links from your site to our homepage (address here),
using only graphics or guidelines that we provide.
You may offer select boxes on your site that let your site visitors
navigate directly to QRSTdating on our homepage (QRSTdating), using
graphics and guidelines that we provide.
These links to our site must follow our guidelines and use artwork
specified by us. A unique Affiliate ID will be given to you, which
will enable us to track traffic originating from your site. Your
Affiliate ID will also enable us to calculate your referral fee(s).
Referral fees will be paid to you only for sales on our site, which
originate with traffic from your site via links in our specified
format. You are entirely responsible for any and all activities that
occur regarding the use of your password and access to your account.
You acknowledged that by participating in the QRSTdating Affiliate
Program and placing our links within your site, we may acquire
information from or about your visitors, or communications between
your site and its visitors. Your participation in the Affiliates
Program constitutes your unconditional consent to and authorization
for our access to, storage, receipt, use, and disclosure of any and
all such information, consistent with the policies and procedures put
forth in our Privacy Policy.
Except for the license granted under this Section, you do not have any
rights under this Agreement in any intellectual property, including
(without limitation), intellectual property in link formats,
guidelines, technical specifications, graphics or artwork, or with
respect to trademarks, logos, the QRSTdating domain name, and any
other intellectual property of QRSTdating.
ORDERS
We will process orders placed by visitors who follow links, in the
format we specify, from your site to ours. We reserve the right to
reject orders that do no comply with any requirements whatsoever that
we may establish. We are responsible for all aspects of possessing
orders. We will prepare order forms; process payments, cancellations,
and returns; and handle customer service, among other things. We will
track sales made by visitors using links in the specific format we
require from your site to ours, and we will make available reports on
these activates, from time to time. You must ensure that links between
your site and ours are correctly formatted according to our
guidelines. We will not be liable for paying referrals on purchased
that are not correctly tracked and reported because the links on your
site are not correctly formatted.
REFFERAL FEES
We will pay you Referral Fees on specified sales to third parties, as
laid out below. The sale must be from a visitor who follows a link in
the specific format we require from your site to our site
(QRSTdating.com), and make a purchase. Payment will only be made after
order and payment have been processed. We will not pay referral fees
on items that are added to a visitor?s order after the customer has
re-entered our site (other than through a link in the specific format
we require from your site), even f the customer previously followed
such a link, or for services that are purchased through any device (an
?Internet Access Appliance?) that offers Internet access but does not
present our site, or permit users to access or interact with our site,
in the same manner as a desktop costumer.
You may not make purchases for your own resale or commercial use on
our site during sessions initiated through the links on your site.
This includes orders for or on behalf of customers, or orders for your
friends, relatives, or associates. Such purchases may result in the
withholding of referral fees, at our discretion, or the termination of
this Agreement.
Services that are entitled to referral fees under the rules set forth
above are hereafter referred to as ?Qualifying Services.?
You may not directly or indirectly offer any person or entity any
consideration or incentive (including payment of money or rebates, or
offering of discounts or other benefits) for using links in the
specific format that your site must use to link to our site. You may
not post any links in the format we specify on any web site or other
platform that is accessible through any Internet Access Appliance. You
may not read, record, redirect, intercept, interpret, or fill in the
contents of any electronic form or other materials submitted to us by
any person or entity. You may not redirect, modify, suppress, or
substitute any button, link, or other interactive feature on our site.
You may not place any orders or subscription requests, or participate
in transactions of any other kind on our site on behalf of any third
party. You may not authorize, assist, or encourage any other person or
entity to do so. You may not take any action that could reasonably
cause any customer confusion about our relationship with you, or how
any functions (e.g. search, order, etc.) are occurring and where. You
may not post or serve advertisements or promotional materials around
or in conjunction with the display of our site (e.g. ?framing,? or
pop-ups), or assist, encourage, or authorize another party to do so.
If we determine, for any reason whatsoever, that you have engaged in
any of these activities, we may (without limiting any other rights or
remedies available to us) withhold any and all referral fees otherwise
due to you under this Agreement and/or terminate this Agreement.
No fees will be paid until you have completed and returned a W-9 form
from the IRS. When complete, send to: (email address here)
Non-resident aliens must complete and return an affidavit stating that
the business you are engaged in is not connected with any trade or
business in the United States of America. You will also fill out IRS
form 1099, complete with U.S. social security number or taxpayer
identification number; you will provided the same information on any
IRS forms necessary for fees to be paid with regard to this Program.
You are entirely responsible for all tax obligations, foreign or
domestic, due to all bona fide taxing authorities from fees paid to
you in this Program.
PAY SCHEDULE
You will earn referral fees based on Qualifying Revenues according to
the referral fee schedule established by us. ?Qualifying Revenues? are
those which result from sales of Qualifying Services, excluding taxes,
service charges, credit card processing fees, cancellations, and bad
debt.
We will pay you referral fees at the end of each month, whenever they
total $50 or more. Payment will be made within approximately 30 days
for fees earned on Qualifying Services that were dispatched during
that month, less any tax that we are required to withhold by law. If
the fees payable to you are less than $50, we will hold them until the
total amount due is at least $50, until this Agreement is terminated.
Customer cancellations will be deducted accordingly from your next
payment. If there is no subsequent payment, we will send you an
invoice for the amount.
POLICIES
Customers who purchase services through the Program will be customers
of QRSTdating. All QRSTdating rules, policies, and operating
procedures concerning costumer order, service, and sales will apply to
these customers. We may change our policies and procedures at any
time. We will determine the prices to be charged for services under
this Program; prices may vary from time to time.
IDENTIFYING YOURSELF
You may not issue any press release about or with respect to this
Agreement or your participation in this Program without prior written
consent from us, which may be granted or denied, at our discretion.
Doing otherwise may result in termination from the Program. You may
email QRSTdating if you wish to apply for written consent. You may not
misrepresent or embellish the relationship between us, or imply any
relationship or affiliation between us or any other person or entity
except as expressly permitted by this Agreement. (This includes
implying or expressing that we sponsor, endorse, support, or
contribute to any charity or other cause.) We will make available a
graphic image that identifies your site as a Program participant, to
be placed on your site along with the words QRSTdating Affiliate. We
may modify the text or graphic from time to time.
LIMITED LICENSE
We grant you a nonexclusive, revocable right to use the graphic image
and text described above, and any other text or graphics which we
grant you permission to use, solely for the purpose of identifying
your site as a Program participant. You may not modify the graphic or
text in any way. We reserve all of our rights in the graphic and text,
our trade names and trademarks, and all other intellectual property
rights. You agree to follow our Trademark Guidelines, which may change
from time to time. We may revoke these rights by giving you written
notice at any time.
YOUR SITE
You are solely responsible for the development, operation, and
maintenance of your site, and for all materials that appear on it. You
are solely responsible for creating and posting links to QRSTdating in
the format we require; the technical operation of your site and all
the equipment required to do so; the accuracy, legality, and
appropriateness of materials on your site; among other things.
We and our Affiliates disclaim all liability for these matters. You
will indemnify and hold us and our Affiliates harmless from all
claims, damages, and expenses (including legal fees, without
limitation), relating to the development, operation, maintenance, and
contents of your site.
You will not use the word QRSTdating or any variation of the name in
your domain or IP identity. You will not use any device that causes
QRSTdating?s website to record a fraudulent ?click through,? referral,
or order from your site to ours. You will not prevent or preclude any
visitor?s ability to return to QRSTdating.com.
TERM OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your
Program 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. You are only
eligible to earn referral fees on sales of Qualifying Services
occurring during the term. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid and no
orders are cancelled. Upon termination of this Agreement, you must
immediately cease use of, and remove from your site, all links to our
site and all QRSTdating trademarks, trade names, logos, and all other
material by or on behalf of us in connection with the Program.
MODIFICATION
We may modify any of the terms and conditions in this Agreement at any
time and at our discretion, by posting a change notice or a new
agreement on our site. If any modification is unacceptable to you,
your only recourse is to terminate this agreement. Your continued
participation in the Program following the posting of a change notice
or new agreement on our site will constitute binding acceptance of the
change.
RELATIONSHIP
You and we are independent contractors and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties or our
Affiliates. You have no authority to make or accept any offers or
representations, warranties or guarantees on our Affiliates? behalf.
LIMITATION OF LIABILITY
We will not be liable for special, indirect, or consequential damages
arising in connection with this Agreement or the Program, even if we
have been told of the possibility of such damages. Our aggregate
liability arising from this Agreement and the Program will not exceed
the total referral fees paid or payable to you under this Agreement at
the time that the event leading to the liability arises.
Nothing in this Agreement will operate to exclude any liability for
death or personal injury arising as a result of negligence from either
party, its employee4s, agent, or authorized representatives.
DISCLAIMER
The QRSTdating Affiliate Program, including all services provided in
connection with this Program, as offered ?as is,? with no warranties.
All express, implied, and statutory warranties, including the
warranties or merchantability, fitness for purpose, and
non-infringement of proprietary rights, are disclaimed to the fullest
extent permitted by law. QRSTdating disclaims any warranties for the
security, reliability, timeliness, and performance of the Program, to
the fullest extend permitted by law, including the services provided
in connection with the Program.
You understand and agree that any material downloaded or otherwise
obtained through this Program is done at your own risk and discretion,
and that you will be solely responsible for any damaged to your
computer system or data loss that results.
FORCE MAJEURE
Under no circumstances will QRSTdating be liable for any failure in
performance under this Agreement resulting directly or indirectly from
acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, network hardware or software failures,
computer equipment failures, telecommunication equipment failures, any
other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor
or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or
fluctuations in heat, light, or air conditioning.
DISCLAIMERS
We make no express or implied warranties or representations with
respect to the Program or any services sold through the Program
(including, without limitation, warranties of fitness,
merchantability, non-infringement). We make no representation that the
operation of our site will be uninterrupted or error-free. We are not
liable for the consequences of any interruptions or errors.
INVESTIGATION
You acknowledged that you have read this Agreement and agree to all
its terms and conditions. You understand that we or any of our
Affiliates may solicit customer referrals (directly or indirectly, at
any time) on terms that may differ from those contained in this
Agreement. You understand that we may operate web sites similar to or
complete with your web site. You have independently evaluated the
desirability of participating in this Program and are not relaying on
any representation, guarantee, or statement other than as set forth in
the Agreement.
AUTHORITY TO PARTICIPATE
By registering for the Program and accepting these Terms and
Conditions, you represent that you are of legal age of consent in all
areas where such law abides. In addition, you represents that you are
able to legally enter into this contract and will be bound lawfully by
the Terms and Conditions herein upon acceptance.
MISC.
This Agreement will be governed by the laws of (state name here),
United States of America, without reference to rules governing choice
of laws. You consent, irrevocably, to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. This Agreement will be binding on,
inure to the benefit of and 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.
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