The IcePoster.com Affiliates Program Operation Agreement
This Agreement contains the complete terms and conditions that apply to
an individual's or entity's participation in the IcePoster.com
Affiliates Program (the "Program").
As used in this Agreement, "we" means IcePoster.com, Inc., and "you"
means the applicant.
1. Enrollment In The Program
To begin the enrollment process, you will submit a complete Program
application via our Website. We will evaluate your application in good
faith and will notify you of your acceptance or rejection. We may
reject your application if we determine that your Website is unsuitable
for the Program. Unsuitable Websites include those that:
* Promote violence;
* Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age;
* Promote illegal activities or are intended to harass or defame anyone;
* Otherwise violate our intellectual property rights or the
intellectual property rights of others.
2. Links On Your Website
Once you have been notified that your Website has been accepted into
the Program, we will provide you with guidelines and graphical artwork
to use in linking to our home page. To permit accurate tracking,
reporting, and commission fee accrual, we will provide you with special
"tagged" link formats to be used in all links between your Website and
our Website. You must ensure that each of the links between your
Website and our Website properly utilizes such special link formats.
Links to our Website placed on your Website pursuant to this Agreement
and which properly utilize such special link formats are referred to as
"Special Links." You will only earn commission fees with respect to
activity on our Website occurring directly through Special Links. We
will not be liable to you with respect to any failure by you to use
Special Links, including to the extent that such failure may result in
any reduction of amounts which would otherwise be paid to you pursuant
to this Agreement.
3 Restrictions and Prohibited Activity
You may not:
(a) Purchase or register search engine keywords, AdWords, search terms
or other identifying terms or domain names that include the word
"IcePoster" or any variations thereof for use in any search engine,
portal, sponsored advertising service or other search or referral
service.
(b) Dilute, blur or tarnish the value of our trademarks, and/or
products and services. (For example, you are not allowed to say that
you offer better and/or more promotions, products and services than
IcePoster.com.);
(c) Misrepresent IcePoster.com’s brands including our URL,
logos, trademarks and tradenames;
(d) Engage in indiscriminate or unsolicited commercial advertising
emails;
(e) Cause or enable any sales to be made that are not in good faith,
including, but not limited to, by means of any device, program, robot,
Iframes, hidden frames or redirects;
(f) Establish or cause to be established any promotion that provides
any rewards, points or compensation for sales, or that allows third
parties to place Links to our Website or our Website content, without
our prior written permission;
(g) Use any existing or future software products or services (including
without limitation any computer programming code that is an add-on or
bundled with any browser or other host application) that will replace,
intercept, interfere, hinder, disrupt or otherwise alter in any manner
the Web user's access, view or usage of, or other aspect of the Web
user's experience at the Website of any affiliate of ours in a manner
that causes or otherwise results in a different experience from what
was otherwise intended by our affiliate; or
(h) Use any existing or future software products and services that will
block, alter, direct, redirect, substitute, insert, append itself to,
or otherwise intercept or interfere in any manner with any click
through or other traffic-based transaction that originated from the
Website of any affiliate of ours with the result of reducing any
compensation or other payment earned by or owing to such affiliate.
(i) Redirect URLs in Adsense: Ads that contain Display URLs that
automatically redirect to IcePoster.com. Use Bridge Pages: Ads for
webpages that act as an intermediary, whose sole purpose is to link or
redirect traffic to IcePoster.com. Use Framing: Ads for webpages that
replicate the look and feel of a parent site.
If we determine, in our sole discretion, that you have engaged in any
of the foregoing activities or violated any of our rules, we may
(without limiting any other rights or remedies available to us)
withhold any referral fees otherwise payable to you under this
Agreement and/or terminate this Agreement.
4. Order Processing
We will process product orders placed by customers who follow a Special
Link from your Website to our Website. We reserve the right to reject
orders that do not comply with any requirements that we periodically
may establish. We will be responsible for all aspects of order
processing and fulfillment.
We will track sales made to customers who purchase products using
Special Links from your Website to our Website and will make available
to you reports summarizing this sales activity.
5. Commission Fees
We will pay you (in accordance with Sections 6 and 7 below) commission
fees on certain Product sales to third parties. For a Product sale to
be eligible to earn a commission fee, the customer must follow a
Special Link from your Website to our Website, select and purchase the
Product using our automated ordering system, accept delivery of the
Product at the shipping destination, and remit full payment to us.
6. Commission Fee Schedule
Direct Commissions.
You will earn commission fees based on Qualifying Revenues according to
commission percentage schedules established by us from time to time.
"Qualifying Revenues" are revenues derived by us from our sales of
products such as posters, photos, mousepads as a result of purchases
made by visitors to our Website that come directly through a Special
Link on your Website.
IcePoster.com pays commissions on a sliding scale. At the end of each
month we will add all of your sales together for that month and arrive
at your commission percentage for the month according to our commission
percentage schedule, which is currently:
Total Sales/Month Commission Percentage: 10%
If the visitor does not purchase immediately, but comes back within 10
days and purchases a product not in response to our own or
another’s marketing activities, we still credit you with the
sale.
7. Commission Fee Payment
We will pay you commission fees on a monthly basis. 30 days following
the end of each calendar month, we will send you a check for the
commission fees earned on your Qualifying Revenues during that month.
8. Identifying Yourself As An Affiliate
We will make available to you a small graphic image that identifies
your Website as a Program participant. You must display this logo or
the phrase "In affiliation with IcePoster.com" somewhere on your
Website.
You may not modify the graphic image or text, or any other of our
images, in any way.
9. Responsibility For Your Website
You will be solely responsible for the development, operation, and
maintenance of your Website and for all materials that appear on your
Website.
10. Resale And Special Incentive Restrictions
You may not purchase Products during sessions initiated through the
Special Links on your Website for resale or commercial use of any kind.
In addition, you may not: (a) directly or indirectly offer any person
or entity any consideration or incentive (including, without
limitation, payment of money (including any rebate), or granting of any
discount or other benefit) for using Special Links on your Website to
access our Website/
11. Term Of The Agreement
The term of this Agreement will begin upon our acceptance of your
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 written notice of termination.
12. 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 Website.Substantive changes include
changes in the commission percentage schedule, bonus rates for Websites
you recruit, and commission rates for Websites you recruit. If any
modification is unacceptable to you, your only recourse is to terminate
this Agreement.
13. 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.
14. 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.
15. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL 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 WEBSITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEBSITE. 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 THIS
AGREEMENT.