Affiliate Program Agreement
To participate in the Turbo-FTP Affiliate Program, you must agree to the following:
This Affiliate Agreement contains the complete terms and conditions between us, Turbo-FTP, and you, regarding your application to participate as an affiliate of Turbo-FTP, and the establishment of links from your website to our websites, Turbo-ftp.com.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE Turbo-FTP AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
- Enrollment in this Program
To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at http://www.turbo-ftp.com/affiliate/signup/
Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement.
Turbo-FTP, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Turbo-FTP Affiliate Program at any time.
- Utilizing Links on Your Site
As an affiliate of Turbo-FTP, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site, however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and you are forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Turbo-FTP's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Turbo-FTP. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
- Order Processing
We will process orders placed by Referred Customer who follow the Links from your website to turbo-ftp.com. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Turbo-FTP service, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your website and will make this information available to you through our website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that the Links between your website and our website are properly formatted.
Our affiliate program is a 2-tier affiliate program which means that commissions are paid on direct sales (tier 1) - and on sales generated by sub-affiliates (tier 2). You can have an unlimited number of sub-affiliates, although it is recommended that for maximum revenue, at least half your promotional effort is spent promoting the product directly.
- Commission Determination
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. All affiliate commissions concerning first hosting period are delayed for 30 days to cover the money back guarantee and cancellations.
- Commissions Structure
All services sold by Turbo-FTP to customers originating from the Affiliate's website, or referral URL, qualify to earn Affiliate referral fees as described below.
- Affiliates are paid 20% for each sale on the first tier for sales generating from their site.
- Affiliates are paid 5% for each sale made by sub-affiliates on the second tier.
- Commission Payment
We will send payment via paypal for the applicable commissions on the 1st of each month as long as you have reached the minimum payout limit. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge-backs, the amount will be deducted from your affiliate account.
There are no minimum or maximum Affiliate commission payments, however You must have at least $25 of commissions payable to You in a given month for Us to pay You. If Your commissions payable are less than $25 in a given month, We will carry over Your commissions into the next month and subsequent months until commissions payable to You equal or exceed $25.
Any tax liability on the amount of commission received will be your responsibility.
- Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws (copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libellous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Turbo-FTP or state law; Provide inaccurate or incomplete information to Turbo-FTP concerning your identity, address or other required information; Attempt to cheat, defraud or mislead us in any way; Misrepresent to the public the terms and conditions of our sites or your sites; Engage in popup advertisement network activities; IFrames may only be used on pages or sites in which the other content represented on the site is related to Turbo-FTP.
- Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, 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 commission fees, commission schedules, 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 any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
- Relationship of Parties
You and Turbo-FTP 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 anything in this Section. You are not an agent of the Turbo-FTP and Turbo-FTP expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
- 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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a 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.
- Representations and Warranties
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Turbo-FTP with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential. For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Turbo-FTP, customer and vendor lists relating to Turbo-FTP and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless Turbo-FTP, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us, in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
- Binding Arbitration
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Turbo-FTP or its subsidiaries in conjunction with this program. An arbitration firm selected by Turbo-FTP will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.