Affiliate Program Agreement
Please read the agreement document below before registering.
1.0 Term of the Agreements
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you 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.
Causes for terminations include:
- Use of unsolicited email/spam to promote the WEBKEEPERS Affiliate Program or WEBKEEPERS services.
- Transmission of any fraudulent personal information or data in violation of any applicable laws or regulations.
If you use spam to promote the service you will be notified that your affiliate account has been “Terminated”.
If you or WEBKEEPERS terminates your affiliate account 'without cause' then you will have the opportunity to cash-out, i.e. any and all commissions outstanding during the agreements term will be paid. If the amount owed is below $25, $5 check processing fee will be assessed.
1.1 Privacy
WEBKEEPERS will never provide your information to any other party.
1.2 Mediation
Any problems or discrepancies over due commissions will be dealt with within 7 business days of the first email notification to WEBKEEPERS. All such matters will be handled by the WEBKEEPERS Affiliate Team. Queries may be raised via email to affiliate@webk.net.
1.3 Tracking
Visitors are tracked using third party software. This software utilizes a cookie system that is set at the maximum period allowable by 7 days.
1.4 Reporting
Affiliates will be able to access sales through their affiliate administration control panel. Access details will be supplied upon acceptance of your application. Historical data on a monthly basis of past performance is also available.
1.5 International Affiliates
International affiliates are not allowed. A WEBKEEPERS affiliate must be a United States or Canadian resident with a Social Security or TAX ID number.
2.1 About Commissions and Approvals
- Your visitor's browser must accept cookies. This is for tracking purposes. If the visitor does not accept cookies then we cannot track the order and you will not receive the commission.
- The referred must keep the new ordered account active for at least 30 days in order for you to keep the commission.
- WEBKEEPERS reseller cannot apply for the affiliate program.
- Existing WEBKEEPERS customers cannot use the affiliate program for purchasing additional accounts.
2.2 Commission Payments
All approved commissions made in one calendar month will be tabulated and will be paid at the end of the following calendar month. Payments will be made on the last day of the month and sent in the form of a check payable to the "name" as described in the application form. You are held responsible for your own tax liabilities in relation to this payment. It is also your responsibility to keep your information updated.
The minimum payment level is $25. Accounts owing under this figure will be carried forward to the next sales period until commissions have accumulated to the $25 threshold. Commissions against sales that are rejected upon card authorization or otherwise refunded upon or charge backed will be deducted from your following commission payment.
3.0 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 all affiliates. It's your responsibility to always keep your information updated.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
Any changes or modifications made will be in 'good faith,' the agreement will not be altered to purposely avoid paying affiliates due commissions.
Any substantive changes, i.e., change of commissions will be made with at least 14 days notice by email and onsite update of agreement.
Notification of all changes will also be broadcast in an email message to all affiliates. It's your responsibility to always keep your information updated.
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.
4.0 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 WEBKEEPERS Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregated liability arising with respect to this Agreement and the WEBKEEPERS Affiliate Program will not exceed the total referral fees paid or payable to you under to this Agreement.
5.0 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE WEBKEEPERS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
6.0 Miscellaneous
This Agreement certifies that the WEBKEEPERS' services products meet the legal requirements of the United States .
This Agreement shall be deemed to be made in the State of California and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the State of California , exclusive of the laws relating to conflict of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against that parties and their respective successors and assigns. Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of our right subsequently enforce such provision or any other provision of this Agreement.