WebPasties Affiliate Agreement
This
agreement describes the entire terms and conditions for
participation in the WebPasties Affiliate Program. WebPasties is owned and operated by Bill Bercik. In this
agreement, WebPasties and Bill Bercik are collectively
referred to as WebPasties.
In
this agreement, the term "Affiliate" refers to you (the
applicant). Wherever the agreement refers to "you" or
"your", it means "the Affiliate";
"we" or "our" refers to WebPasties.
Affiliate
Site
WebPasties will create unique URL for you when you submit a complete
Affiliate Enrollment Form. This is the URL for your unique
Affiliate Site.
Commissions
You
will receive $5.00 as a commission from orders placed
through your Affiliate Site.
Payment
WebPasties will send a check for the applicable commissions within
approximately 15 days after the end of each calendar month.
However, if the referral fees payable to you for any calendar month
are less than $25, we will hold payment until the total amount due
is at least $25 or (if earlier) until this Agreement is
terminated. If the customer returns
any order that generated a referral fee, or if there are any
returned checks or charge backs, the amount will be deducted from
the next monthly payment. If there is no subsequent payment, the
Affiliate will be invoiced.
Affiliate
may select to receive payment via PayPal. If Affiliate selects the
PayPal option payments will
be made on the 15th of each month regardless of balance due.
Order
Fulfillment
WebPasties will be solely responsible for processing every order placed by a
customer on the Affiliate Site. WebPasties reserves the right
to reject any order that does not comply with our rules, operating
procedures and policies.
Customers
Customers
who purchase products and services through the Affiliate Program
will be deemed to be customers of WebPasties. Accordingly, all WebPasties rules, policies,
and operating procedures concerning customer orders and service
will apply to those customers. We may change our policies and
operating procedures at any time.
Prices
and availability of our products and services may vary from time
to time. WebPasties policies will always determine the
price paid by the customer.
Qualification
for Commissions
Affiliates
must have an active link from their website to their Affiliate
site to qualify for commissions.
Qualifying
Sites
WebPasties reserves the right not to accept any site into the Affiliate
Program based on site content. Sites that Do Not Qualify for the WebPasties Affiliate Program include sites which:
•
promote sexually explicit materials
•
promote violence
•
promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
•
promote illegal activities
•
violate intellectual property rights
Unsolicited
Commercial Email
WebPasties in no way participates in mass unsolicited emailing (i.e.
spamming), and all Affiliates are expected to adhere to this
policy as well. Violation of this policy will result in the
termination of this contract and immediate dismissal from the WebPasties Affiliate Program, with no refund.
Scumware
Scumware
is the use of Pop-up banners that hide banners that are displayed
on a site, placement of icons beside keywords found in text that
if clicked will take the visitor to someone else’s site, etc. WebPasties as a company promises it will not use such
predatory advertising methods. Further, affiliates using such
methods will have their account terminated.
Relationship
of Parties
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. 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 this statement.
Limitation
of Liability
We
will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection
with this Agreement or the Program, even if we have been advised
of the possibility of such damages. Further, our aggregate
liability arising with respect to this Agreement and the Program
will not exceed the total commissions paid or payable to you under
to this Agreement.
Disclaimers
We
make no express or implied warranties or representations with
respect to the Affiliate Program or your potential to earn income
from the Affiliate Program. In addition, we make no representation
that the operation of our site or the Affiliate Sites will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors. The laws of the
United States and the District of Columbia will govern this
Agreement, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the
federal or state courts located in Washington, DC, and you
irrevocably consent to the jurisdiction of such courts. You may
not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction,
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.
By
submitting the Affiliate Order form, you acknowledge that you have
read this agreement and agree to all its terms and conditions. You
have independently evaluated this program and are not relying on
any representation, guarantee or statement other than as set forth
in this agreement.