DEAL4IT.COM Affiliate Program
Terms and Conditions
IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY BEFORE AGREEING TO
PARTICIPATE IN THE DEAL4IT TECHNOLOGIES, INC. (DEAL4IT.COM) AFFILIATE PROGRAM (THE "AFFILIATE PROGRAM").
YOUR PARTICIPATION IN THE DEAL4IT.COM AFFILIATE PROGRAM IS CONDITIONAL UPON YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT. BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE ONLINE
APPLICATION, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH DEAL4IT.COM,
FORMALLY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS
CONTAINED IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE "ACCEPT" BUTTON AT THE BOTTOM OF THE ONLINE APPLICATION.
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1. Introduction
Defined terms in this Agreement include the following: (a) "you" or
"your" means you, the applicant applying to participate in the Program,
and upon our acceptance of your application, the Affiliate, (b) "we" or
"us" or "our" means DEAL4IT.COM. (c) "our web site" means the DEAL4IT.COM web site currently located at http://www.deal4it.com,
(d) "your web site" means the World Wide Web site from which you will link to our web site, (e)"Affiliate" means a party accepted as a member of the Program, (f)"User" means a customer who links from your web site to our web site,(g) "Commissionable Products" means select items offered for sale by DEAL4IT.COM that are eligible as part of this Program, (h) "Affiliate Site" means an Affiliate web site that has been accepted as an Affiliate of DEAL4IT.COM and (i) "Link" or "Links" means banner advertisements, buttons, links or text links that link to the DEAL4IT.COM web site.
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2. Program Enrollment
To begin the enrollment process in the Program, you must complete the
DEAL4IT.COM New Affiliate Application and accept the terms and conditions of the Agreement. Once you have accepted this Agreement, we will review your completed Affiliate Application and inform you whether or not you have been accepted as an Affiliate. We reserve the right to accept or reject Affiliates at our sole discretion. We may reject your application if we determine, at our sole discretion, that your web site
is inappropriate or objectionable. Web sites that are objectionable or
inappropriate include sites that:
Promote violence, are libelous, disparaging or defamatory. Promote illegal activities Promote discrimination based on age, disability, nationality, race, religion, sex or sexual orientation. Contain little or no original content (such as sites that are 'under construction'). Contain images that are sexually explicit, obscene, harmful or harassing. Contain otherwise objectionable material. Incorporate materials that infringe upon third party copyright,trademark or other intellectual property rights are not accessible at the time of our application review.
If we reject your application, you may not participate in the Program
at this time, although you may re-apply to be an Affiliate at any time
thereafter. We reserve the right, at our sole discretion, to reject an
Affiliate application even after we have communicated acceptance to
you, or to remove an Affiliate from the Affiliate Program at any time.
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3. Agreement terms
The term of this Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. Either you or DEAL4IT.COM may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission on sales occurring during the term of this Agreement.
You must use and provide a valid email address and other contact information through which you can be reached to participate in the Affiliate Program; if you do not, your account will be deactivated.
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4. Termination
Upon termination of this Agreement for any reason, the license granted herein shall also terminate and you will immediately cease use of, and remove from your site, all links to our site, and all DEAL4IT.COM trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
***********************************************************************5. Independent Contractor
Affiliate is an independent contractor with respect to DEAL4IT.COM. If the Affiliate is an individual, partnership, Limited Liability Company or any other “Pass-through Entity” for income tax purposes, the Affiliate must provide DEAL4IT.COM with Affiliate’s social security or federal tax identification number so that an IRS Form-1099 can be generated and sent to the individual or entity after the end of each calendar year.
In addition, 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 or otherwise bind the Company on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Paragraph.
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6. Linking Requirements
When you become an Affiliate in our Affiliate Program, we will provide you with a special Referral Link and a Referral code that will allow Users to your Web site and/or your existing Customers or Clients to be directed to Commissionable Products on our Web site.
As an Affiliate, you may display your Referral Link on your Web site and/or display the Referral Code in other marketing material subject to the terms and conditions contained herein.
All Links are subject to our approval and we will provide you with the information that you need to enable you to make appropriate Links to our Web site from your Web site. By accepting the terms of this Agreement, you agree that you shall cooperate fully with DEAL4IT.COM to maintain such Link or Links.
You further agree that (a) such Link or Links shall be displayed prominently throughout your Web site as you see fit and with our consent, (b) no Link or Links shall be modified, expanded or reduced in any way without our consent and (c) no Link or Links on your Web site shall in any way modify the look, feel and/or functionality of our Web site. We reserve the right to monitor your Web site at any and at all times to make certain that you are in compliance with the terms and conditions of this Agreement.
You shall be fully responsible for all content, links and activities conducted on your Web site. We disclaim all liabilities related to such matters.
You agree to indemnify DEAL4IT.COM and hold us harmless (as well as our
employees, officers, agents, directors and affiliated entities) from
all liability claims, damages and expenses (including, without
limitation, attorneys' fees) relating to the development, operation,
maintenance, activities, contents and links of your Web site.
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7. Promotional Techniques
You are free to promote your special Affiliate Referral Link and/or Referral Code in all the ways we recommend in the introduction email and in the Affiliate Section of our website.
Examples of acceptable ways to promote the Commissionable Products are: through approved banners, text links, and emails to opt-in newsletter subscribers.
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If you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer DEAL4IT.COM products on any WAREZ, CRACK, or SPAM oriented site; your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of DEAL4IT.COM
As well, if you choose to promote the DEAL4IT.COM Sub-Reseller Program, it can only be promoted as a two-tier business opportunity. This program is NOT a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM.
If you promote the DEAL4IT.COM Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of DEAL4IT.COM.
You may not issue any press release with respect to this Agreement or your participation in the Program without prior written permission from DEAL4IT.COM; such action may result in your termination from the Program. We will make available to you a small graphic image that identifies your site as an Affiliate Program participant. You may display this logo or any approved phrases on your site. We may modify the text or graphic image of this notice from time to time. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement, (including by expressing or implying that DEAL4IT.COM supports, sponsors, endorses, or contributes money to any charity or other cause).
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8. Commissionable Products
Affiliate understands that not all items located on DEAL4IT.COM are Commissionable Products. Current items that are considered as Commissionable Products are listed in the Affiliate Section of the DEAL4IT.COM Web site. Commissionable Products may change at any time. Notification of changes to Commissionable Products will be sent by email to Affiliates. It is the responsibility of the Affiliate to check the Affiliate Section of DEAL4IT.COM for notifications. DEAL4IT.COM does not guarantee that Affiliate will receive notification by email for reasons outside of their control.
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9. Commissions and Payment Schedule
DEAL4IT.COM agrees to pay you as an Affiliate the commissions specified below only for customers referred to the DEAL4IT.COM website by the unique link provided to you from DEAL4IT.COM (a "Referred Customer"). DEAL4IT.COM will also pay you commissions on any orders that come through our call center which reference your Referral Code during the 120 period after a Referred Customer's initial click to the DEAL4IT.COM website site via your link.
The commission DEAL4IT.COM will pay you is as follows:
FIVE Percent (5%) of the amount actually paid to DEAL4IT.COM by a Referred Customer during the term of this Agreement for any of our Rich Interactive Video selling tools.
All clicks from Affiliate's link will be verified by DEAL4IT.COM. Commissions will be paid on a monthly basis when the Affiliate's account has reached a minimum threshold of $25.00. Affiliates with a balance of less than $25.00 will roll over to the next month.
Commissions will be paid in U.S. dollars by PayPal. Affiliates must have a valid PayPal account.
Commissions will accrue on a calendar month basis. Failure to provide DEAL4IT.COM with a correct PayPal email address, will result in forfeiture of any amounts otherwise due to You hereunder. Your contact information can be updated by logging onto your DEAL4IT.COM Affiliate account and revising any incorrect information.
Any attempt by an affiliate to manipulate, falsify or inflate clicks or referrals, to defraud DEAL4IT.COM or to violate the terms of this Agreement constitutes immediate grounds for DEAL4IT.COM to terminate this Agreement and will result in forfeiture of any amounts otherwise due to You hereunder.
Second-Tier Referral Fee Commissions: In compliance with the conditions below, DEAL4IT.COM will also pay TWO percent (2%) to You on all sales created by another Affiliate that You personally directed to this Affiliate Program.
At our sole discretion we may increase or decrease the revenue share percentages at any time.
Refunds and Adjustments: We will have no obligation to pay any Referral Fee Commissions for orders that are (i) cancelled or returned or (ii) placed after the termination of this Agreement. All Referral Fees previously paid with respect to orders that are cancelled or returned shall be deducted from the next payment due.
Ineligible Commissions: You will not be eligible for Commission under the following circumstances:
A User comes to DEAL4IT.com through your website but purchases using a
"discount code" or a "reference code" that discounts their purchase,
unless the code is provided to you directly from the DEAL4IT.com Affiliate managers or it's obtained by You from the password protected Affiliate section in the DEAL4IT.com web site.
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A party comes to DEAL4IT.com through your website and does not purchase
anything and then returns to DEAL4IT.com via another Affiliate or Partner at a later date and then makes a purchase, the second Partner or Affiliate will receive commission for the sale.
A party comes to DEAL4IT.com through your website and returns after 120 days by entering our URL directly, then you will not receive commission for that later purchase.
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If the User cannot be tracked for any reason, by our online ordering system.
The user has prevented cookies from being saved on their hard drive. DEAL4IT.COM will provide a “Referral Code” field when there is no cookie present. DEAL4IT.COM cannot guarantee that a user will manually enter in your Referral Code.
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10. Affiliate’s Responsibilities
Affiliate agrees not to make any representations, warranties or other
statements concerning DEAL4IT.COM, DEAL4IT.COM's site, any of DEAL4IT.COM's products or services, or DEAL4IT.COM's site policies, except as expressly authorized by this Agreement.
Affiliate is responsible for notifying DEAL4IT.COM of any malfunctioning of the Affiliate Referral Links, Referral Codes or of any other problems with Affiliate’s participation in this Agreement.
DEAL4IT.COM will respond promptly to all concerns upon notification by the Affiliate.
DEAL4IT.COM may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by DEAL4IT.COM for an Offer or an Engagement.
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Affiliate agrees to promptly implement any request from DEAL4IT.COM to remove, alter or modify any graphic or banner ad provided by DEAL4IT.COM that is being used by Affiliate as part of this Agreement.
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11. Order Processing
DEAL4IT.COM will be responsible for processing orders placed by customers of the Commissionable Products that have been acquired through the links.
We reserve the right to reject orders that do not comply with any requirements that we may periodically establish.
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You grant us a non-exclusive license to utilize your names, titles,
logos, trademarks and urls (collectively, the "Affiliate Trademarks")
to advertise, market, promote and publicize in any manner our rights
hereunder; provided, however, we shall not be required to advertise,
market, promote or publicize your Web site.
You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant us the license to use the same contemplated in this Agreement and that such grant does not and will not (a) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you or (b) infringe upon any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
***********************************************************************13. Trademark Term Bidding
DEAL4IT.COM does not allow any trademark term bidding without expressed
permission within any and all pay for placement, paid inclusion and
other search engines. These trademark terms include but are not
limited to:
DEAL4IT.COM
DEALFORIT.COM
DEAL 4 IT
DEAL FOR IT
DEAL FOR IT ACTORS
DEAL FOR IT RIV
RIV TECHNOLOGY
RIV ACTORS
RICH INTERACTIVE VIDEO
Any affiliates violating this policy may be terminated without notice
and forfeit all outstanding and future commissions.
In addition, Affiliate may not claim to be DEAL4IT.COM or Deal4it Technologies, Inc. in any pay-for-placement, paid inclusion or other search engines, and must clearly state the nature of the Affiliate relationship. Affiliates violating this policy may be terminated without notice and forfeit all commissions.
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14. Spam
Affiliate understands that the use of unsolicited commercial e-mail
("spam") is absolutely prohibited. Your participation in the DEAL4IT.COM Affiliate Program constitutes your specific and
unconditional agreement to abide by this anti-spam policy. Proper
e-mail solicitation, however, can be an important means of
advertising your site and your relationship with DEAL4IT.COM. The
following rules represent best practices, which are permitted under
this agreement:
If an "opt-In" system exists for your line of business and target
market, you may use it. (Opt-In systems are those where the user
specifically requests to be placed on a mailing list.)
Violation of this rule will result in the suspension or termination
of your Affiliate relationship with DEAL4IT.COM including the forfeiture of any commissions from the date of the offending e-mailing.
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15. Associates Signing-Up under Themselves
We will not allow current Affiliates signing themselves up as sub-affiliate under their own assigned referral code in order to generate the additional commissions for their own sales. We have tracking software in place to detect this. If this happens, the Affiliate(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of DEAL4IT.COM
***********************************************************************16. Agreement 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 new agreement on our site in the “Affiliate” section.
Notice of any change to this Agreement delivered by e-mail, to your address on our records, or the posting of a new agreement on our Web site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.
Modifications may include, but are not limited to, changes in the scope of available Referral Fees, the Commission schedule, payment procedures and Affiliate Program rules.
All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If a modification is unacceptable to you, your sole recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change will constitute binding acceptance by you of such change.
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17. Indemnification
You hereby agree to indemnify, defend and hold Deal4it Technologies, Inc. (“DEAL4IT.COM”) and its affiliates, directors, officers, employees and agents, harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys fees) incurred by DEAL4IT.COM as a result of a breach, or alleged breach, of any of your representations or obligations herein.
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18. Independent Investigation
You acknowledge that you have read this Agreement and agree to all of
its terms and conditions. You 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 your web site. You further
understand that we may make available additional private offers to
our affiliates at our sole discretion. You have independently
evaluated the desirability of participating in the Program and are
not relying on any representation, guarantee or statement other than
as set forth in the Agreement.
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19. Warranty Disclaimers
We hereby disclaim, and you hereby release us, from any and all
liability for downtime or other interruptions in service regarding
the links and/or our web site without limiting the foregoing. The
links, the "Licensed Trademarks," are provided to you 'as is,'
without any warranty of any kind. We make no warranties or
representations of any kind with regard to the Program or any
products, express or implied, statutory, arising by law or otherwise,
including, without limitation, any implied warranties of title,
non-infringement, merchantability, fitness for a particular purpose,
or arising out of course of performance, course of dealing or usage
of trade. We do not warrant that our web site or products will be
error free, function without interruption or that any errors will be
corrected. If as a matter of law we may not disclaim any warranty,
the scope and duration of such warranty shall be the minimum
permissible under applicable law.
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20. Miscellaneous
Governing Law: This Agreement shall be governed by the laws of the State of Colorado, United States of America.
Legal Age: By accepting this Agreement, You confirm you are an adult of at least 18 years of age (19 or 21 where applicable) to contractually bind Affiliate to this Agreement.
Affiliate Purchases: Affiliates are not obligated, but are encouraged to purchase DEAL4IT.COM Commissionable Products through their own referral URL using their Referral Code. Affiliates will receive commissions on all Commissionable Products purchased through their referral links - even if they are the purchaser of the product.
Ownership: Customers who buy products through this Program will be deemed customers of DEAL4IT.COM.
Confidentiality: Notwithstanding the other provisions of this agreement, all confidential sources and information disclosed by DEAL4IT.COM to Affiliate, or about as a result of this Agreement, is valuable property and shall remain the exclusive property of DEAL4IT.COM. The Affiliate will maintain complete confidentiality regarding DEAL4IT.COM business sources, trade secrets and/or its Affiliates’ confidential information, as well as, the nature, manner, and forms of DEAL4IT.COM’s business dealings. Affiliate agrees not to disclose any confidential information to any entity, in perpetuity.
Circumvent: Affiliate will not, in any way whatsoever, circumvent or attempt to circumvent DEAL4IT.COM, or any of the sources/contacts involved in any of the transactions of DEAL4IT.COM. Any violation of this covenant shall be deemed as an attempt to circumvent DEAL4IT.COM, and Affiliate violating this covenant shall be liable for damages in favor of DEAL4IT.COM.
Breach: Affiliate agrees with DEAL4IT.COM that upon any breach of this agreement, Affiliate in default will pay DEAL4IT.COM: (A) the non-circumvention damages, if applicable, plus (B) all loss and/or damage sustained by DEAL4IT.COM by reason of such breach, plus (C) all expenses incurred in enforcing any legal remedy and/or right(s), based upon or arising out of this agreement, plus (D) a reasonable sum for attorneys’ expenses and attorneys’ fees.
Assignment: You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of DEAL4IT.COM. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Arbitration: Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Larimer County, Colorado, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, by electronic transfer (via e-mail address), or deposited in the United States mail, postage prepaid.
Affiliates may make written notice to Deal4it Technologies, Inc. (“DEAL4IT.COM”) to:
Deal4it Technologies, Inc.
2057 Vermont Drive
Fort Collins, CO 80525
Such addresses may be changed from time to time by either Party by providing written notice to the other in the manner set forth above.
Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a Court of competent jurisdiction or arbitration panel finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 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.
Binding Contractual Authority: Applicant, if for an entity other than an individual, hereby affirms that Applicant has the binding authority of their respective organizations, granted by their organization by election or appointment or in any other manner consistent with law effecting contractual applications.
Entire Agreement: This Agreement contains the entire agreement of the Parties and there are no other promises or conditions in any other agreement whether oral or written. Except for Managing Directors of DEAL4IT.COM that act as Affiliates, this Agreement supersedes any prior written or oral agreements between the Parties.
Date Last Modified: March 4th, 2008
