Affiliate Agreement - 10mb.com

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Website Design and Marketing Affiliate Program Agreement

Updated: Feb 6, 2018

Thank you or reviewing our program.  To become an affiliate with our company, you must agree to all terms and conditions as spelled out in this agreement.  When you do any of the following things sign up via Affiliate form, log in at any time, agree to terms and conditions at any time, etc. you are agreeing to all terms and conditions as written below.

This www.10mb.com Affiliate Program Agreement (the “Agreement”) contains terms and conditions that govern your participation in www.10mb.com Affiliate Program (the “Program”), operated and owned by Global Soft Technologies.

By signing up and filling out the signup form either in hard copy or electronically, or by continuing to participate in the Program you acknowledge that you agree to be bound by this Agreement and all of its terms and conditions in full.  You represent and warrant that you are legally able to enter contracts (or you are authorized and lawfully able to bind yourself or the company or other legal entity which you represent to this Agreement) and that you are and will remain in compliance with this Agreement.  We”, “us”, or “our” means Global Soft Technologies or any of its affiliate companies. “You” or “your” means the applicant.

Affiliate Program Overview
The Program has been developed to allow you to promote and advertise Our website design services via Direct Sales & Marketing, Your Website, or via Other Approved Methods.  The objective of our program is to for You to gain leads that we in turn will work to sell and close billable website design business with. Once the website design and development work is completed and paid for in full, You will receive a commission on website design Services purchased by your referred individuals. You will only get paid once we have been paid in full.  “Our Site” means the Global Soft Technologies site, and the www.10mb.com site, as applicable. “Our Product” is website design and development services. Product may also include certain services referred to as “Our Services”. “Your Site” means any site(s) that you link to Our Site(s).

Enrollment in the Program and Affiliate Obligations
To begin the enrollment process, you should submit an affiliate application via our website www.10mb.com. All information associated with your affiliate account must be accurate, real, and verifiable. Affiliates can have only one affiliate account at a time. www.10mb.com reserve the right to validate your information at any time, including but not limited to verification of one or more official government or legal documents that confirm your identity (such as your current passport, national ID card, driver’s license or any other valid government-issued document). Failure to provide your identity information when requested is a violation of this Agreement and may result in your termination from the program and withholding any unpaid commissions. Just because we approve an application does not imply that we may not re-evaluate your application at a later time. We require that you identify how you plan to promote and market our services or the site(s) that you wish to advertise our products or services on. We reserve the right to reject or cancel your application, in our sole discretion, if we decide you and/or your website or/and your participation in our program is unsuitable. Unsuitable sites and marketing efforts are those that:

– Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
– Promote our products or services in a manner that contains any form of misleading, defamatory, illegal activities or any other content deemed offensive by us.
– Include non-working websites, blogs without content, or parked domains.
– Incorporate any materials which infringe any copyright, trademark or other intellectual property rights.
– Include ‘www.10mb.com’ or variations or misspellings in any domain.
– Contain software downloads that potentially enable diversions of commission from other affiliates in our program.
– Resemble our site or are designed in a manner which leads customers to believe you are us.

Unsuitable participation in the program includes:

– Spam. Spam is the use of electronic messaging systems to send any unsolicited bulk messages whether commercial or non-commercial in nature. The term ‘spam’ is applied to similar abuses in other media: junk faxes, mobile phone messaging spam, instant messaging spam, search engine spam, internet forum spam, social networks spam, spam in blogs, wiki spam, etc. If you run a newsletter, e-zine, or any kind of bulk messaging service or software, you must have evidence that people signed up to receive messages from you.

– Cookie stuffing techniques. You are not allowed to use cookie stuffing techniques that set the affiliate tracking cookies without the referred visitor’s knowledge or generate hidden forced clicks of your affiliate links (e.g. via iframe, image, popup, javascript, flash-based cooking stuffing, etc.).

– Improper Advertising Methods. You may use Google AdWords and other PPC campaigns. You may NOT bid for ‘www.10mb.com’ or variations or misspellings in PPC programs such as Google AdWords. You may not use forwarding or masking your domain name when directing your domain name’s visitors to our site.

– Unauthorized Use of Coupon Codes and Discounts. We do not permit an unauthorized distribution, sale, or assignment of our discounts, coupons or promotional codes. For example, you are not allowed to post any coupons, promotional codes or discounts on your Site or third-party sites with the sole purpose of promoting our products via the pages optimized to rank high in search engines for coupon-related keywords. In particular, coupon-related keywords include ‘www.10mb.com’ or variations or misspellings alongside or in conjunction with such terms as: ‘coupon’, ‘coupons’, ‘discount’, ‘promo’, ‘promo code’, ‘promotional code’, etc. Whether your marketing techniques are classified as Unauthorized Use of Coupon Codes and Discounts shall be determined by us in our sole discretion.

– Affiliate Account Ownership Transfer. You may not transfer ownership or sell your affiliate account to another party without the prior written approval from www.10mb.com. We reserve the right, at any time, to review your placement and approve the use of your links, graphical banners, widgets, marketing flyers, or other affiliate linking tools, and require that you change the placement or use to comply with the guidelines provided to you. You are solely responsible for your site and marketing efforts, including its design, development, operation, and maintenance and all materials that appear on or within it. Any violations of the terms surrounding participation in the program shall constitute a material breach of this Agreement, and may result in your termination from the program and withholding any unpaid commissions.

– Contacting any individual or business that is registered on the DO NOT CALL LIST, or placing calls to anyone who does not want you contacting them.  You must check to validate that all calls made fall in line with the Do Not Call mandates and requirements.

– Marketing via mobile devices in any way is prohibited from our program.  You may NOT use mobile marketing as a means to promote our services.

Acceptable Advertising Methods
As an affiliate, you earn commission by generating leads that in turn are converted into sales of our website design and development services. You generate the sales by encouraging your web users or people within your network to request a meeting with a www.10mb.com direct sales team member for a website design and development services and then having them purchase website design/development services from our www.10mb.com. After you have been accepted into the program you may display website design ads on your site or market directly to companies. You are solely responsible for the placement, content, and style of each link that you place on your site or use in promoting our website design services, and for ensuring that any links comply with our program requirements Any website design link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales or clicks to our site. Incentivized commissions and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given by us.

You may advertise or market our products or services via:

– Marketing flyers that you can handout.  www.10mb.com will provide this to you digitally to enable you to make copies for handing out
– Through your organization of business group (chamber, club, etc.)
– Store front signage and displays that your customers will see while shopping at your retail location
– Text links, widgets, graphical banners, or other affiliate linking tools on your site;
– Text links, graphical banners, or other affiliate linking tools in solicited messages via electronic messaging systems or other media;
– Via e-mail campaign just as long as all Can Spam laws are utilized and implemented in your program

All other methods not mentioned here, must be pre-approved in writing
You may not advertise or market our products or services via:
– Via any type of mobile marketing (mobile phones/sms/text messaging)
– Via telemarketing to anyone on a Do Not Call list
– Via any other marketing/advertising format that does comply with this agreement.

Referral Processing
We will process leads placed by customers who reference your Affiliate ID after coming from your site to our website, landing pages, etc. We reserve the right, in our sole discretion, to reject leads that do not comply with certain requirements that we may establish from time to time. All aspects of selling the leads, order processing, and website project fulfillment, cancellation, processing, refunds, and payment processing will be our responsibility. We will track the sales generated by you and will make this information available to you through monthly reporting.  To permit accurate tracking, reporting, and commission accrual, you must ensure that the Affiliate ID are reported with the lead.  It is our sole decision to collect leads and attempt to sell them. You are not allowed to offer any payment method other than that offered by www.10mb.com. You are also not allowed to accept payments for our products and services by any other payment methods than those offered by www.10mb.com. You may not integrate any of your scripts into order processing. You may not pass the personal and billing information specified by the clients on the payment page to any of your scripts and you may not save these data. You may not pass the modified information to the payment gateways. Any violations of the terms surrounding order processing shall constitute a material breach of this Agreement, and may result in your termination from the program and withholding any unpaid commissions.

Referral Fees Schedule
For a website design sale to be eligible to earn a referral fee (commission), the customer information must be submitted to www.10mb.com. This must be done, or via lead submission form on the www.10mb.com website once you log in.  Referred lead must purchase our website design services within 90 days following the initial lead submission.  You will earn referral fees per referral fee schedules established by us and shown below.

Affiliate referral fees are payable to you in the case you generate website design sales derived from customers referred directly by you.

Project/Site Referral Fee (tier 1):

30% for directly referring a website services lead that is then closed by www.10mb.com for a sale and pay in full or via payments by the Buyer.

Commission is earned for products/services (including configurable options) only. Commission is not earned on:

Domain names
Product Addons
Upgrade Orders (however any recurring commissions will increase with the new renewal price)
Manually created invoices

Master Affiliate is by invite only. Referral fees are payable to you in the case you generate products and/or services sales derived from other affiliates referred by you and the referrals those affiliates (sub-affiliates) make. A referred affiliate (sub-affiliate) is an individual, a company or any legal entity that enrolls in the program after being referred to it by another affiliate (supervisor). www.10mb.com has the exclusive right to accept or deny all referred affiliates and can cancel/remove from the program any affiliate or Master Affiliate with a 24 hour written notice.  

Project/Site Referral Fee (tier 2): (TBA)

5% when an Affiliate that you officially bring into the program directly refers a website design lead that is then closed by www.10mb.com for a sale and is paid for in full by the Buyer.

You are not allowed to apply for the program and register yourself as a sub-affiliate. If such an action is attempted then we have the right to terminate your affiliate membership, terminate all associated affiliate accounts, and withhold any unpaid commissions. The same applies to being a supervisor of an affiliate account owned by an individual or an entity you have or may have some sort of control. The referral fee value set in Referral Fees Schedules will be decreased by the discount value if any discount was applied to the order. No referral fee will be credited to your account for sales made with discount over referral fee value from full cost.

Commission structure is subject to change at our discretion. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to withhold commissions and terminate affiliate accounts for affiliates that repeatedly refer customers that ask for refunds.  We reserve the right to change payout levels by raising them or lowering them with a 30-day notice in writing or via our website.

Referral Fees Payment
Affiliates are paid a commission, based on values set in Referral Fees Schedule. Commissions will be paid within 30 days after the work has been paid for in full or via monthly payments received unless we need to verify some your details or suspect any illegal activity coming from the applicant.

We may also postpone the payment until the applicant is not responding to the usual means of contact stated in applicant’s personal profile.
We may block the money request if applicant does not explain his/her promotional activities and proves their legitimacy.
If the sum of commissions exceeds the minimum transfer amount of 100 USD for payments via PayPal or check.  Commissions will be paid within 5 business days after your request.
Payments are preferred to be made via paypal at no charge.
Payments made via check carry a $15.00 processing fee that will be taken out of your commissions prior to them being issued to you.
If the sum of commissions exceeds the minimum transfer amount of 500 USD for payments via eTransfer or Wire Transfer. We also give you an option to use your commissions as a credit for purchasing products or services.
If you have not earned any www.10mb.com referral fees (as set in Referral Fees Schedule) or haven’t been active within your account within 12 months period prior to any given month, then on the first day of that month we may choose to close your account, and terminate this Agreement and withhold any unpaid commissions.

Independent Contractor Status (Non-Employee Status)
In no way is an Affiliate/Master Affiliate an employee of www.10mb.com.  Affiliates/Master Affiliates are solely Independent Contractors
In no way is an Affiliate/Master Affiliate an inside sales person for www.10mb.com.
Affiliates/Master Affiliates are responsible for all of their own business cost and taxes liabilities.
Affiliate/Master Affiliate are never paid any form of a base salary, they are strictly commission based.
The relationship of www.10mb.com and affiliate/master affiliate established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) constitute the parties as employer/employee, partners, joint ventures, co-owners, etc. or (ii) allow affiliate/master affiliate to create or assume any obligation on behalf of www.10mb.com for any purpose whatsoever. All financial and other obligations associated with affiliate/master affiliates business is the sole responsibility of Affiliate/Master Affiliate.

Press & Media Release
As an affiliate, you agree to allow www.10mb.com to use your likeness to promote our affiliate program.  From time to time, we may request that you provide us photos, quotes, video, etc. to be used to promote the www.10mb.com affiliate program.  You agree to allow us to use your likeness, your program results, quotes, photos, videos, etc., in the press, on our websites, in marketing material, etc. in order to promote our affiliate program.  By becoming an affiliate you consent to give www.10mb.com the right to use said items as promotional materials in any way we see fit just as long as it is for business purposes only.

Term of Agreement
The term of this Agreement will begin upon our approval of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all affiliate links to our site and any other promotional materials that we provided to you as to an affiliate. “Cause” means any of the following: you are in material breach of this Agreement; we believe that we may face potential claims or liability in connection with your participation in the program; we believe that our brand or reputation may be tarnished by you or in connection with your participation in the program; we have terminated the program as we generally make it available to participants. Any violation of Section 2, 3, 4, 5 or 6 will be deemed a material breach of this Agreement. You are eligible to earn referral fees only for website design sales that occur during the term of Agreement. Referral fees earned through the date of termination will remain payable only if the related sales are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid (e.g., to account for any order cancellations or returns). If the sum of unpaid commissions exceeds the minimum transfer amount of 100 USD you are eligible to receive the final payment via PayPal, Wire Transfer or Check as set in Section 6 (Referral Fees Payment), otherwise you are given an option to use your commission as a credit for purchasing products provided by our company (as set in Section 6).

Modification
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a new agreement on our site will constitute binding acceptance of the change.

Limitation of Liability
We have no liability whatsoever for your use of any information or other content available from or though our site, or our site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims.

Disclaimer
Products, information, services, and other content available from or through the site and through our affiliate program are provided ‘as-is’, ‘as available’, and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any product or information available from or through our site, or our site itself will be merchantable or fit for a particular purpose, that any product or information available from or through our site, or our site itself will be uninterrupted or error-free, that defects will be corrected, that there are no viruses or other harmful components, that the security methods employed will be sufficient, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the products or information, or against infringement. All ‘information’ and products provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through our site shall create any warranty, representation or guarantee not expressly stated in this Agreement.

Force Majeure
performance by either party hereunder, other than an obligation to pay money, shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason to the extent that the failure to perform is beyond the control of the non-performing party.

Laws & Legal Jurisdiction
Products, information and other content available from or through the site are provided ‘as-is’, ‘as available’, and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable.

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia without regard to such state's principles of conflicts of law.  The legal jurisdiction for this agreement shall reside in Province of British Columbia.
©2018 Global Soft Technologies
Global Soft Technologies
Kelowna, BC, Canada
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