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This Agreement contains the complete terms and conditions that apply to your participation in the Kyube Affiliate Program.
1. Terms of the Agreement.
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 we 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 referral fees on sales occurring during the term.
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 this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. 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 CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3. 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 you under to this Agreement.
4. Enrollment in the Program.
To begin the enrollment process, you will submit a complete Program application via our site. We may reject your application if we determine that your site is unsuitable for the Program for any reason. Unsuitable sites include those that:
Contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable;
Promote sexually explicit materials;
Promote discrimination based on race, sex , religion, nationality, disability, sexual orientation or age;
Promote illegal activities;
Violate or infringe upon intellectual property rights.
If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine that your site is unsuitable for the Program for any reason. Use of any bulk mail emails to solicate sales will result in suspension of your account!
Stay safe. Don't SPAM.
Affiliates who choose to market via PPC or SEO must use ethically acceptable copy (keywords, terms, metatags, descriptions and webdesigns) in their advertising campaigns. Ethically acceptable copy is considered copy that in no way deceptive or impose upon the trademarks, copyrights or intellectual property of another product, company or entity. Kyube will aggressively protect our reputation, intellectual property, copyright and goodwill. Kyube may, from time to time, require affiliates to clarify website content and ad copy and claims/representations made to customers. Affiliate cooperation is required and recommended changes must be complete within reasonable time.
6. Program Links.
Once you have been accepted into the Program, you may provide on your site one or more banners or text links to Kyube.com. You may choose which banner to place on your site from the Get Links section provided in your Affiliate Account. Only those banners shown in your account may be used. Using links other than those provided cannot be tracked and will not earn commissions.
7. Order Processing.
We will process product orders placed by customers who purchase products from the sites included in our Affiliate Program. We reserve the right to reject orders that do not comply with any and all of our requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. You will be paid by check twice a month, provided your commission earnings are at least $100.
8. Sales Tracking.
We will rely on Kyube to track sales made to customers who purchase products using the special links on your site. We will make available to you the sales activity, as well as reports regarding end-user impressions and click throughs, at its site. You and we each agree to rely on, and not to challenge or dispute, the sales tracking and other information that Affiliate System compiles in connection with the Program, which will bind both you and us for all purposes under this Agreement.
You will earn a percent or flat fee commission on all products shipped to customers who purchase products from our sites through your site. You will earn also a percentage from all the sales generated by those affiliates referred by you (sub-affiliates). Depending on the program you could be paid from 10% up to 70% on the sales you generate through our sites. We will pay all commissions that accrue on a bi-monthly basis in a form of a check, two weeks in arrears
. Reserves will also be held against on the payments to affiliates. A reserve of 10% of commissions earned are held for 6 months as security for future refunds or chargebacks that may occur after the commissions are paid to the affiliates. These can be changed without notice.
10. Policies and Pricing.
All customers who buy products through the Program are customers of Kyube . Accordingly, policies and operating procedures concerning customer orders, customer service, pricing and product sales will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions.
11. Limited License.
We grant you a nonexclusive, revocable right to use Kyube and any other images or text that we may provide to you solely for the purpose of identifying your site as a Program participant and to assist in generating product sales through the Program. You agree to follow our instructions respecting the use of our trademarks and those instructions may change from time to time. We may revoke your license at any time by giving you written notice.
12. Responsibility for Your Site.
You will have sole responsibility for the development, operation and maintenance of your site and for all materials that appear on your site.
We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of merchantability, fitness for a particular purpose or no infringement, or any implied warranties arising from a course of performance, dealing or trade usage). In addition, we make no representation that the operation of our site or our commerce server will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
We will only use the information you submit to maintain your account. That is, to make your commission payments and to communicate changes in our product offerings. We will not email you with any other company's products. We will notify you of new banners or text links to facilitate promotion of our products. We do not now nor will we in the future, sell, rent or otherwise make your personal information available to anyone.
We reserve the right to unilaterally modify the terms of this agreement.
In the event of any violation of any of the rules of this agreement including but not limited to the rules outlined in paragraph 4, we reserve the right to cancel all commissions earned under our program.
Thank you for taking the time to ready the Affiliate Agreement. We look forward to working with you. By signing up for our Program, you are in effect, agreeing to the above Affiliate Agreement.