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| Sharpest Quote Affiliate Agreement |
In this Agreement, "We", "Us" and "Our" means Sharpest Quote
"Our Site" means the web site located at http://nz.sharpestquote.com
This Agreement contains all of the terms and conditions between us and the individual or organization (the "Affiliate") participating in our Affiliate Program (the "Program"). In this Agreement "you" means the Affiliate participating in the Program. "Your Site" means the web site upon which you establish the Links to Our Site as part of this Program. The "Products?or “Services" means the products and services that we may introduce from time to time in the future and offer through the Program.
Enrolment in the Affiliate Program: To begin the enrolment process, you must submit a properly completed Registration Form via Our Site. Upon submission you will automatically be enrolled on a provisional basis and can begin using our Affiliate services. We will evaluate your application in good faith and will notify you as soon as possible if we decide to reject your application. We may reject your application if we determine, in our sole discretion, that Your Site is unsuitable for the Program. You understand that we reserve the right to conclude that Your Site is unsuitable in accordance with our standards. You also understand that if we accept your application, such acceptance shall not imply that Your Site does not meet one or more of the criteria that would have permitted us to reject your application.
Linking: We will make available a variety of linking banners for our Services to enable you to select a graphic option that best suits Your Site. Such graphics include various banners that have a hyperlink, which includes your unique Affiliate ID. Once you have selected one or more suitable banners, you will copy and paste the appropriate HTML source code into the desired position on any page within your website. These links identify that the visitor has come from you and enable us to trace the activity of the visitor and pay you commission. We may modify the content of banners from time to time.
Our Responsibilities: Over and beyond our Services, we will be responsible for providing all information necessary to allow you to make appropriate links from Your Site to Our Site. We will be solely responsible for processing every application for our Services placed by a customer following a hyperlink from Your Site, for tracking the number and amount of sales generated by the hyperlink from Your Site and for providing information to you regarding sales. Also, we will be responsible for payment processing, cancellations, returns and related customer service for our Services.
Your Responsibilities: You are solely responsible for ensuring that the content of Your Site, and your products and services that you offer from Your Site, comply with all applicable copyright and other laws. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so.
Commissions:
(a) When a customer visits Our Site from Your Site their computer receives our cookies. The cookie contains an id that uniquely identifies you. We track your referrals; if the customer returns at a later time, their browser shows us these cookies and you will be credited for the Commission subject to the clauses in this section.
(b) We pay a commission percentage, including GST if any (see end of agreement for current commission percentage), based on purchases by a customer following a hyperlink from Your Site.
We will continue to pay you sales commission for as long as you "own" the visitor enabling you to profit when they subsequently purchase from us. Ownership starts the moment they click on one of your coded links and finishes when one of three things happen:
1. A period of time elapses (see cookie duration at end of agreement) since the last time the visitor clicks on one of your coded links.
2. You cease to be an affiliate. (e.g. You terminate the affiliate agreement.)
3. If a visitor follows a coded link from another affiliate’s website, and makes a purchase, the visitor is “owned?by the new affiliate.
(c) Commissions will be paid to Affiliates within 30 days after the end of each month: provided that, in respect of such month, Commissions owing to the Affiliate exceed the payment threshold (see end of agreement for payment threshold). If Commissions for a particular month are less than the threshold, such Commissions will be carried over to and paid with any required Commission payment for the next month. If a customer obtains a refund for a product that generated commission for you, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent monthly payment due from us, we will send you an invoice for this commission.
(d) We will do all the billing and collections for the Affiliate Services offered in this agreement.
(e) All Commissions are subject to adjustment for returned fees, fraudulent credit card use and all other similar cases.
(f) We retain the right to delay the payment of a Commission, at our sole discretion, if we suspect that one or more of the third party purchases may be fraudulent. All delayed payments will be carried forward to the next month.
(g) We retain the right, at our sole discretion, to suspend payment of all Commissions for a breach of this Agreement.
Policies and Pricing: Customers purchasing services from us through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time. For additional information regarding our rules, policies, and operating procedures please see the terms and conditions pages on our site.
Affiliate Management Center: You will use your pre-selected Password and your email address to enter our Affiliate Management Center (located on our site). From this page you will be able to log in to your account and view your clickthrough, sales and payment reports, obtain banners and links and edit your details.
Promotion Restrictions: Certain forms of advertising are always prohibited by us. For example, advertising commonly referred to, as "spamming" is unacceptable and could cause damage to our brand name. You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote our Affiliate Services so long as the recipients are already customers or subscribers of your services, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote our Affiliate Services so long as the newsgroup specifically welcomes commercial messages. You must always clearly represent yourself and Your Site as independent from us. IF IT COMES TO OUR ATTENTION THAT YOU ARE SPAMMING, WE WILL CONSIDER THAT CAUSE FOR IMMEDIATE TERMINATION OF THIS AGREEMENT, YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM AND FORFEITURE OF ALL COMMISSIONS.
Licenses and Use of our Logos and Trademarks: (a) We grant you a non-exclusive, non-transferable, revocable right (i) to access Our Site through the hyperlinks solely in accordance with the terms of this agreement and (ii) solely in connection with such hyperlinks, to use our logos, trade names, trademarks and similar identifying material relating to us (collectively, the "Licensed Materials"), for the sole purpose of establishing a hyperlink to Our Site so users of Your Site can subscribe to our Services. You may not alter, modify or change the Licensed Materials in any way. (b) Other than establishing a hyperlink from Your Site to Our Site, you shall not make any use of any Licensed or Proprietary Materials without first obtaining our prior written consent. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed and Proprietary Materials. We, in our sole discretion, may revoke your license at any time, by giving you written notice.
Modification: We may modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Although, it is the responsibility of the Affiliate to monitor all pertinent agreements for changes, we will make every effort to notify you of any material change. Modifications may include, but are not limited to, changes in the scope of available Affiliate Services, Commissions, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement as provided in this Agreement. Your continued participation in the Program following the posting of a new Agreement on Our Site will constitute binding acceptance of the change.
Relationship of Parties: You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us. 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 this Article.
Representations and Warranties: Except as otherwise stated in Agreement, we make no express or implied warranties or representations with respect to the Program or any of our Services sold through the Program (including, without limitation, warranties of fitness, merchantability or non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). In addition, we make no representation that the operation of Our Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
Terms: Both parties can terminate this agreement with a 30 days notice. Either party can terminate the agreement immediately for material breach of this contract by the other party. We will continue providing all Affiliate Services to all customers referred by the Affiliate upon the termination of this agreement.
Compliance with this Agreement: We reserve the express right under our sole discretion to monitor Your Site and your promotional activities at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.
Venue: This Agreement shall be construed in accordance with the laws of New Zealand.
Standard Commission Percentage: 30.00%
Payment Threshold: $100
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