Affiliate Program License Agreement
Omaha Indicator Affiliate Program License Agreement
Copyright © 2008 OmahaIndicator.com
Terms of the agreement: This Agreement contains the terms and conditions that apply to a participant in our affiliate program (the "Affiliate program"). As used in this agreement, "we"/"our/"us", means "our company" and "you"/"your" means the "affiliate/applicant", "site" refers to a World Wide Web site.
To begin the enrollment process, you will submit a complete affiliate application form. We will evaluate your application in good faith and will notify you of your acceptance or rejection, usually within 24 hours. (You can re-apply at any time).
We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Affiliate program.
Unsuitable sites include, for example, sites that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote illegal activities or violate intellectual property rights
- or from applicants who we prefer not to be associated with
We grant you a non-exclusive, revocable right to use our present banners and other such images for which we grant express permission, for the purpose of identifying your site as an Affiliate program participant and linking to our site. You may not modify the banners or any of our images in any way without our express permission.
We reserve all of our rights to our trade names and trademarks and all other intellectual property rights.
SPAM (unsolicited email)
1. We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to us, or any of its associated companies, partners, or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, affiliates may not advertise in any way that effectively conceals or misrepresents their identity, their domain name, or their return email address.
2. Any affiliate who, in our opinion, breaches this ruling will have their Affiliate status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED.
3. Stay Safe, Don't SPAM.
1.Our company and our associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings us or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status cancelled and any outstanding commissions WILL be forfeited. We reserve the right to reject any affiliate application if in our opinion, that person or company violates established laws or commonly held standards of decency. An affiliate, who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful, will be terminated.
1. We will be solely responsible for processing every order for our products. Customers will use our secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are our responsibility.
2. All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through special links on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
3. Every customer who buys a product through this Affiliate program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. All our policies regarding customer orders, including product availability, pricing, and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies. (See "Policies/Contact" link at bottom)
TRACKING OF SALES
1. We will be solely responsible for tracking sales we make to customers who follow links from your website. We use Interneka Affiliate.
2. Statements of your sales activity will be available to you in "real-time" with a special URL that we assign to you, accessible 24 hours per day and 7 days per week. You may access these stats via a password and username we assign. Only two entities may access your stats and affiliate information. That would be you, and us.
1. We will provide you with a unique identifying URL for you to link to. Each sale or referral that is generated from this URL will be attributed to you. You will have access to your own private section to check your stats in Real Time. Your links to the unique URL can be text links or banner links, or a combination of the two, at your sole discretion. If you choose banner links, you must use our banners. We will provide you with a URL of all our banners, from which you can freely choose. You may add as many links to our website, or remove such links, at anytime and without prior approval from us.
2. We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of sales for credit to your account. Every effort will be made to ensure that our site is functional and available for customers referred to our site through your "affiliate link".
3. We have NO responsibilities with regard to your site. We will have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the Affiliate program. In addition, our aggregate liability arising under or with respect to this agreement or the Affiliate program shall in no event exceed total referral fees paid or payable to the affiliate under this agreement.
TERM OF THE AGREEMENT
1. The term of this agreement will begin upon our acceptance of your affiliate program application and your placement of our banner or textual link on your site and will end when terminated by either party. Either you or we may terminate this agreement at any time, by giving the other party written notice of termination. This will be in the form of "email". You can only earn referral fees on sales occurring during the term. We will never withhold any payment due.
2. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
1. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. Any modifications will ALSO be notified, by email, to all participating affiliates. If any modification is unacceptable to you, you may terminate this agreement. Your continued participation in the affiliate program following notification of our new affiliate program will constitute binding acceptance of the change.
CONFLICTS AND DISPUTES
1. As with any Affiliate program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues, and appeals regarding "termination for cause".
- If a concern should arise, send an email stating your full name, your affiliate ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible.
- Though we will be more than willing to settle the dispute in as fair a manner as possible we realize this situation may arise. In this case we will be open to mediation or arbitration to settle the matter.
- We have NOT pre-selected a mediator or arbitrator. Should one be needed we will select a non-biased, third party moderator.
2. This concludes the agreement. Thank you for taking the time to read it carefully. We look forward to working with you.
By signing up for our affiliate program, you are in effect, agreeing to the above "affiliate agreement".