| This Agreement contains the entire terms
and conditions for participation in the AmeriPayment.com
Affiliate Program. As used in this Agreement, "we"
means AmeriPayment.com , and "The Affiliate"
means the applicant. "Site" means a World Wide
Web site and, depending on the context, refers either
to Merchant Accounts Express's site or to the site that
The Affiliate will link to our site. |
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1. Enrollment in
the Program
To begin the enrollment process, The Affiliate will submit
a complete Affiliate Program application via our site.
We will give careful consideration to The affiliate application
and will send The Affiliate an email with our decision.
We reserve the right to remove The Affiliate from the
program at any time without prior notice if it comes to
our attention that, in our sole discretion, The affiliate
site is unsuitable for the program. Unsuitable sites include,
but not limited to those that: contain nudity or pornographic
material, promote violence, promote discrimination, promote
the use of bulk e-mail or spam, promote illegal activities,
or violate intellectual property rights. |
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2. Links on The
affiliate Site
The Affiliate will be given instructions to link to our
site in a way that identifies the Affiliate site and gives
The Affiliate credit for every sale that originates from
the Affiliate site. We will provide The Affiliate with
links and banners to use in linking to our site. When
the customer clicks on the link located on The Affiliates
site they will be taken to our site, and then asked to
"apply" from there. |
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3. Commissions
We will pay The Affiliate $50 to $100 commission for every
customer referred by The Affiliate who purchases a new
credit card terminal, software, or an Internet Payment
Gateway. Commissions are paid twice a month. The Affiliate
are not allowed to receive a commission by referring the
affiliate or by referring The affiliate through another
affiliate. We reserve the right not to pay out commissions
on any referral on which we suspect this has occurred.
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4. Promotion
The Affiliate are free to promote the link to AmeriPayment.com in all the ways possible excluding inappropriate
Internet marketing techniques. Such includes sending unsolicited
email, inappropriately posting in newsgroups or discussion
forums and participating in any other format of spam.
Violations will result in immediate termination of this
Affiliate Agreement. |
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5. Limited License
We grant The Affiliate a limited, non-exclusive, non-transferable
license, during the term of this Agreement, to use text
and images, owned by AmeriPayment.com for the sole
purpose of marketing, advertising and promoting AmeriPayment.com 's site. The Affiliate may not alter or modify
the link or banner, or any of our images in any way without
our permission. We reserve all of our rights in the icon,
the message, any other images, our trade names and trademarks,
and all other intellectual property rights. The license
herein granted shall automatically and immediately cease
upon the termination of this Agreement. |
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6. Term of the Agreement
The term of this Agreement will begin upon our acceptance
of The affiliate Program application and will end when
terminated by either party. Either The Affiliate or we
may terminate this Agreement at any time, with or without
cause, by giving the other party written or email notice
of termination. The Affiliate are only eligible to earn
commissions on sales occurring during the term. |
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7. Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion,
by posting a change notice or a new agreement on our site.
Modifications may include, for example, changes in the
scope of available commissions, commission schedules,
payment procedures and Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO THE AFFILIATE, THE AFFILIATE ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF
A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE
BINDING ACCEPTANCE OF THE CHANGE. |
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8. Relationship
of Parties
The Affiliate are an independent contractor and nothing
in this agreement is intended to or will create any form
of partnership, joint venture, agency, franchise, sales
representative or employment relationship with us. |
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9. 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 referral fees paid or payable to The Affiliate under
this Agreement. |
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10. Disclaimers
We make no express or implied warranties or representations
with respect to the Affiliate Program or The affiliate
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. |
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11. Independent
Investigation
THE AFFILIATE ACKNOWLEDGE THAT THE AFFILIATE HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
THE AFFILIATE UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE
WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH THE
AFFILIATE WEB SITE. THE AFFILIATE HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE,
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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12. Miscellaneous
This Agreement will be governed by the laws of the United
States and the State of Florida, without reference to
rules governing choice of laws. Any action relating to
this Agreement must be brought in the federal or state
courts of general jurisdiction in the state of New Hampshire,
and The Affiliate irrevocably consent to the jurisdiction
of such courts. The Affiliate may not assign this Agreement,
by operation of law or otherwise, without our prior written
consent. Subject to that reharshion, this Agreement will
be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors and
assigns. Our failure to enforce The affiliate harsh 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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