Affiliate Program Terms and Conditions
This MotoCMS.com Affiliate Program Agreement (the “Agreement”) contains terms and conditions that govern your participation in MotoCMS.com Affiliate Program (the “Program”), operated and owned by Jetimpex, Inc. By filling out the signup form or by continuing to participate in the Program you acknowledge that you agree to be bound by this Agreement, represent and warrant that you are lawfully able to enter into contracts (or you are authorized and lawfully able to bind the company or other legal entity which you represent to this Agreement) and that you are and will remain in compliance with this Agreement. ”We”, “us”, or “our” means Jetimpex, Inc or any of its affiliate companies. “You” or“your” means the applicant.
Program Overview
The purpose of the Program is to permit you to advertise Our Site (or our Products or Services) on Your Site to receive a commission on Products or Services purchased by your referred individuals. “Our Site” means the motocms.com site. “Our Product” is any item sold on Our Site. Product may also include certain services referred to as “Our Services”. “Your Site” means any site(s) that you link to Our Site.
Enrollment in the Program and Affiliate Obligations
To begin the enrollment process you should submit an affiliate application via our site. All information associated with your affiliate account must be real and verifiable. You are allowed to use only one affiliate account. We reserve the right to validate your information at any time, including but not limited to verification of one or more official government or legal documents that confirm your identity (such as your current passport, national ID card, driver’s license or any other valid government-issued document). Failure to provide your identity information when requested is a violation of this Agreement and may result in your termination from the program and withholding any unpaid commissions. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time. You must identify the site(s) that you wish to advertise our products or services on. We may reject or cancel your application, in our sole discretion, if we decide your site or/and your participation in our program is unsuitable. Unsuitable sites are those that:
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promote our products or services in a manner that contains any form of misleading, defamatory, illegal activities or any other content deemed offensive by us.
- Include non-working websites, blogs without content, or parked domains.
- Incorporate any materials which infringe any copyright, trademark or other intellectual property rights.
- Include ‘motocms’ or variations or misspellings in any domain.
- Contain software downloads that potentially enable diversions of commission from other affiliates in our program.
- Resemble our site or are designed in a manner which leads customers to believe you are us.
Unsuitable participation in the program includes:
- Spam. Spam is the use of electronic messaging systems to send any unsolicited bulk messages whether commercial or non-commercial in nature. The term ‘spam’ is applied to similar abuses in other media: junk faxes, mobile phone messaging spam, instant messaging spam, search engine spam, internet forum spam, social networks spam, spam in blogs, wiki spam, etc. If you run a newsletter, e-zine, or any kind of bulk messaging service or software, you must have evidence that people signed up to receive messages from you.
- Cookie stuffing techniques. You are not allowed to use cookie stuffing techniques that set the affiliate tracking cookies without the referred visitor’s knowledge or generate hidden forced clicks of your affiliate links (e.g. via iframe, image, popup, javascript, flash-based cooking stuffing, etc.).
- Improper Advertising Methods. You may not bid for ‘motocms’ or variations or misspellings in PPC programs such as Google Adwords. You may not use ‘motocms’ or variations or misspellings in ad text in PPC programs such as Google Adwords. You may not use your affiliate links in any PPC programs such as Google Adwords. You may not use forwarding or masking your domain name when directing your domain name’s visitors to our site.
- Unauthorized Use of Coupon Codes and Discounts. We do not permit an unauthorized distribution, sale, or assignment of our discounts, coupons or promotional codes. For example, you are not allowed to post any coupons, promotional codes or discounts on your Site or third-party sites with the sole purpose of promoting our products via the pages optimized to rank high in search engines for coupon-related keywords. In particular, coupon-related keywords include ‘motocms’ or variations or misspellings alongside or in conjunction with such terms as: ‘coupon’, ‘coupons’, ‘discount’, ‘promo’, ‘promo code’, ‘promotional code’, etc. Whether your marketing techniques are classified as Unauthorized Use of Coupon Codes and Discounts shall be determined by us in our sole discretion.
- Affiliate Account Ownership Transfer. You may not transfer ownership or sell your affiliate account to another party without the prior agreement with us. We reserve the right, at any time, to review your placement and approve the use of your links, graphical banners, widgets, or other affiliate linking tools, and require that you change the placement or use to comply with the guidelines provided to you. You are solely responsible for your site, including its design, development, operation, and maintenance and all materials that appear on or within it. Any violations of the terms surrounding participation in the program shall constitute a material breach of this Agreement, and may result in your termination from the program and withholding any unpaid commissions.
Acceptable Advertising Methods
As an affiliate, you earn commission by generating sales of our products or services. You generate the sales by encouraging web users to visit our site. After you have been accepted into the program you may display Affiliate Links on your site. “Affiliate Links” are links to our site that properly utilize the special link formats we provide (including the Affiliate ID you received). Affiliate Links permit accurate tracking, reporting, and accrual of advertising fees. Affiliate links may be created by you or made available to you by us. You are solely responsible for the placement, content, and style of each link that you place on your site or use in promoting our products and services, and for ensuring that affiliate links include the appropriate formatting necessary for us to properly track referrals of customers from your site. For example, you must include your Affiliate ID (appearing as ‘aff=XXXXXX’ where ‘XXXXXX’ is your unique affiliate identifier, or such other format as we may designate) as a parameter in the URL of each link you place on your site to our site. Any affiliate link placed must be done in such a way that it is not misleading to any visitor and done with the intention of delivering valid sales or clicks to our site. Incentivized commissions and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given by us.
You may advertise our products or services via:
- Text links, graphical banners, or other affiliate linking tools on your site;
- Text links, graphical banners, or other affiliate linking tools in solicited messages via electronic messaging systems or other media;
- Ready-made affiliate stores (shops) built around our affiliate data feed.
Order Processing
We will process orders placed by customers who follow affiliate links from your site to our site. 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, cancellation, processing, refunds, and payment processing will be our responsibility. We will track the orders generated by your site and will make this information available to you through our site. To permit accurate tracking, reporting, and commission accrual, you must ensure that the affiliate links between your site and our site are properly formatted. It is our sole decision to collect orders and to have a list of available payment methods for the customers. We keep the right to either add or remove a payment method without any prior notice. You are not allowed to add any payment method other than that offered by MotoCMS.com. You are also not allowed to accept payments for our products and services by any other payment methods than those offered by Template-help.com. You may not integrate any of your scripts into order processing. You may not pass the personal and billing information specified by the clients on the payment page to any of your scripts and you may not save these data. You may not pass the modified information to the payment gateways. Any violations of the terms surrounding order processing shall constitute a material breach of this Agreement, and may result in your termination from the program and withholding any unpaid commissions.
Referral Fees Schedule
For a product and/or service sale to be eligible to earn a referral fee (commission), the customer must click-through an affiliate link to our site and purchase our product and/or service within 365 days following the customer’s initial click-through. You will earn referral fees according to referral fee schedules established by us. You earn the 30% commission for each product purchased via your referral link, and you get 5% of the earnings of all people you refer to MotoCMS.com Affiliate program.
You are not allowed to apply for the program and register yourself as a sub-affiliate. If such an action is attempted then we have the right to terminate your affiliate membership, terminate all associated affiliate accounts, and withhold any unpaid commissions. The same applies to being a supervisor of an affiliate account owned by an individual or an entity you have or may have some sort of control. The referral fee value set in Referral Fees Schedules will be decreased by the discount value if any discount was applied to the order. No referral fee will be credited to your account for orders made with discount over referral fee value from full cost. Commission structure is subject to change at our discretion. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. We reserve the right to withhold commissions and terminate affiliate accounts for affiliates that repeatedly refer customers that ask for refunds.
Referral Fees Payment
Affiliates are paid a commission, based on values set in Referral Fees Schedule. Commissions will be paid within 5 business days after your request if the sum of commissions exceeds the minimum transfer amount of 100 USD for payments via Paypal, MoneyBookers or Webmoney. Commissions will be paid within 5 business days after your request if the sum of commissions exceeds the minimum transfer amount of 800 USD for payments via Wire Transfer. We also give you an option to use your commissions as a credit for purchasing products provided by our company with a 30% discount (the option is available for purchasing products from MotoCMS.com that have the download count above zero). If you have not earned any referral fees or haven’t logged into your affiliate account within 12 months period prior to any given month, then on the first day of that month we may close your account, terminate this Agreement and withhold any unpaid commissions.
Term of Agreement
The term of this Agreement will begin upon our approval of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all affiliate links to our site and any other promotional materials that we provided to you as to an affiliate. “Cause” means any of the following: you are in material breach of this Agreement; we believe that we may face potential claims or liability in connection with your participation in the program; we believe that our brand or reputation may be tarnished by you or in connection with your participation in the program; we have terminated the program as we generally make it available to participants. Any violation of Section 2, 3, 4, 5 or 6 will be deemed a material breach of this Agreement. You are eligible to earn referral fees only for orders that occur during the term of Agreement. Referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid (e.g., to account for any order cancellations or returns). If the sum of unpaid commissions exceeds the minimum transfer amount of 100 USD you are eligible to receive the final payment via Paypal, Moneybookers, Wire Transfer or Webmoney as set in Section 6 (Referral Fees Payment), otherwise you are given an option to use your commission as a credit for purchasing products provided by our company (as set in Section 6).
Modification
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site. 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 new agreement on our site will constitute binding acceptance of the change.
Limitation of Liability
We have no liability whatsoever for your use of any information or other content available from or though our site, or our site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims.
Disclaimer
Products, information and other content available from or through the site are provided ‘as-is’, ‘as available’, and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties express or implied, including, but not limited to, that any product or information available from or through our site, or our site itself will be merchantable or fit for a particular purpose, that any product or information available from or through our site, or our site itself will be uninterrupted or error-free, that defects will be corrected, that there are no viruses or other harmful components, that the security methods employed will be sufficient, regarding correctness, accuracy, or reliability, or against interference with your enjoyment of the products or information, or against infringement. All ‘information’ and products provided in the course of this Agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through our site, and our site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through our site shall create any warranty, representation or guarantee not expressly stated in this Agreement.