Affiliate Terms of service
ONCE YOU JOIN OUR PROGRAM IT WILL BE CONSIDERED THAT YOU AGREE WITH TERMS OF SERVICE AND AFFILIATE AGREEMENT GIVEN BELOW.
Terms of service
This agreement describes the terms and conditions for participation in the SAPebooks Affiliate Program.
1. General provisions
Either party may terminate this Agreement at any time, for any reason. SAPebooks reserves the right not to accept any site into the Affiliate Program or terminate the program based on the site content. Sites that do not qualify for our Affiliate Program include sites that are:
- engaged in unsolicited e-mailing (i.e. spamming);
- promote sexually explicit materials;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- promote illegal activities;
- violate intellectual property rights.
If you plan to promote the Website and related products through email marketing, then your emailing practices must comply with the CAN-SPAM Act: Your email marketing practices must comply with all federal, state and local laws concerning email marketing, including but not limited to the United States CAN-SPAM Act of 2003 (Public Law 108-187).
We will terminate this agreement immediately if there is any form of spamming or if you discredit SAPebooks through false advertising, written or uttered words.
In the event we suspect Fraud Traffic, then we may delay payment of the Affiliate Fees to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions.
If you violate this policy, we will terminate this agreement and immediately dismiss you from the SAPebooks Affiliate Program, with NO payments.
SAPEBOOKS SERVICES AND ANY OFFERINGS ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE." SAPEBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, MERCHANTABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SAPEBOOKS OFFERING OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.
View the complete text of the Affiliate Agreement.
Have questions about our affiliate program? Please let us know about your needs or concerns.
IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT AND STORE ALONG WITH OTHER CONFIRMATION EMAILS REFLECTING YOUR FEES AND PAYMENTS.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS YOU SHOULD NOT JOIN OUR AFFILIATE PROGRAM OR (IF YOU HAVE ALREADY JOINED OUR AFFILIATE PROGRAM) EMAIL US AT firstname.lastname@example.org TO TERMINATE THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS REGARDING OUR AFFILIATE PROGRAM OR THESE TERMS AND CONDITIONS PLEASE CONTACT US AT THE SAME EMAIL ADDRESS.
This Affiliate Agreement is between SAPEBooks.com ("SAPebooks") and You ("You" or "Your"). It contains the complete terms and conditions that apply to an individual's or entity's participation in the www.SAPEBooks.com (the "Website") Affiliate program.
1.1 This is Version 1 of the Agreement, as released and posted at the date mentioned below.
1.2 When you indicate your acceptance of these terms and conditions in the Affiliate Sign Up Form, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
1.3 We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) emailing you a change notice or (ii) by posting the new version of the Agreement on our Website. It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFLIATE PROGRAM WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.
2.1 To use SAPebooks Affiliate Program, You must provide SAPebooks with truthful, accurate and complete registration information. If any such information changes, You must immediately update Your registration information.
2.2 If any information is determined by SAPebooks to be misleading, inaccurate or untruthful, SAPebooks may restrict, deny or terminate Your account, Your access and use of, and/or any benefits derived from Your participation in SAPebooks Affiliate Program.
In this Agreement, references to the following words shall have the meanings set out below:
3.1 "Account" means a uniquely assigned account that is created for You when You successfully register on the Website, via online registration form.
3.2 "Affiliate Fee" is the amount due and payable to you, as calculated based solely on our system's data and in accordance with the terms of this Agreement.
3.3 "Affiliate Member Area" means the password-protected area of the Website that is accessible to you (by logging on with your username and the associated password) and which provides certain 'member only' functionality, including facilities to check relevant statistics, update your profile, select Banners and/or Text Links.
3.4 "Entity" means a sole proprietorship, corporation, partnership, limited liability company, trust, government agency or instrumentality or other entity recognized by law as a legal person separate from its owners.
3.5 "Intellectual Property Rights" means technology, templates, designs, Sites, methodologies, processes, names, strategies, marks, logos, content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright and other intellectual property and proprietary rights.
3.6 "Link" means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Sites, or (ii) otherwise causes a Web access device to display to its user a "banner," "button," text, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Site being served to such person or such person being able to electronically access, receive or obtain content, products, services or other offerings from the linked Site.
3.7 "Marketing Materials" means banners and text links and any other marketing materials (which may include our marks) that have been provided or otherwise made available to You by us and/or pre-approved by us.
3.8 "Our Marks" means the word "SAPebooks" and/or any associated logo, mark, domain name or trade name.
3.9 "Site" means, as the context requires, either (a) one or more Web pages, database, computer files, emails, scripts, software or other application, or other destination, together with supporting files and programming, that are on, provided, or accessible through the Web or works on or in relation to the Web, or (b) a person owning or operating any such Site, or (c) both.
3.10 "Spam" or "Unsolicited Promotions" means emails or any other messages that are circulated by you, directly or indirectly, including messages that are posted on newsgroups, chatboards and other types of online forums and which: 1) are directed at people who have not consented nor confirmed that they wish to receive promotional messages from you; 2) contain false or misleading statements; 3) do not truthfully identify the source or the originating IP Address; or 3) do not provide the recipient with an option to easily "Remove" them from receiving future mailings or promotions.
4 TERMS & CONDITIONS
4.1 Identity and Disclosure. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency, location and nature of your marketing activities, and any other information that we may request from time to time.
4.2 Marketing Activities and Responsibilities. You will, at your own cost and expense, market to and refer potential clients to the Website. You will be solely responsible for the content and manner of your marketing activities. All marketing activities must be professional, proper and lawful under applicable rules or laws. You represent and warrant that you will not place Banners or Text Links to us on any website, or use any media or medium, which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials. Under no circumstances will you send Spam that in anyway refers users to us.
4.3 Approved Marketing Materials. You will only use the Banners and Text Links and any other marketing materials that have been provided by us and/or pre-approved by us (collectively the "Marketing Materials"). You will not modify the Marketing Materials without our prior written consent. During the term of this Agreement, we grant you a terminable, non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of marketing to and referring potential clients to the Website. Generally we will provide you, without charge, the guidelines, graphical artwork and permitted text to use in promotional materials. Under no circumstance are you allowed to use the Marketing Materials and any other promotional materials provided by us in a manner that may potentially confuse a potential client.
4.4 Affiliate Information. By opening an Account at the Website, affiliates will be subject to all of our rules, policies and operating procedures that govern their activity at the Website. We reserve the right to refuse service to any potential affiliate and to close the Account of any affiliate, at any time, in our sole discretion. All data relating to the affiliates will remain our sole and exclusive property and you acquire no right to such information, except as expressly stated herein.
4.5 Email Marketing Practices. If you plan to promote the Website and related products through email marketing, then your emailing practices must comply with the following:
4.5.1 Compliance with CAN-SPAM Act: Your email marketing practices must comply with all federal, state and local laws concerning email marketing, including but not limited to the United States CAN-SPAM Act of 2003 (Public Law 108-187), which includes but not limited to:
1. You shall not mislead the consumer with non relevant, inaccurate or ambiguous subject lines;
2. You shall not falsify the email "From" address or attempt to hide one's identity;
3. You shall include a true name in "From" line and not a sales pitch or marketing message;
4. You must not prevent customers from removing themselves from your list;
6. You must provide an adequate, functioning and conspicuous "opt-out" or "unsubscribe" option in every email message;
7. You must honor "opt-out" requests within ten (10) days or before executing additional email campaigns to that user.
4.5.2 Lawfully Obtained Lists: You must not send email to any email addresses which are not lawfully obtained.
4.6 We will terminate this agreement immediately if there is any form of spamming or if you discredit SAPebooks through false advertising, written or uttered words.
5 REPORTS & PAYMENTS
5.1 Time of Payment. Fees will be paid and sent out to you within sixty (60) days , except that, if the total amount is less than $100, the balance will be carried over and added to the next month's fees until the total amount is more than $100.
5.4 Holdover for Fraud Traffic. In the event we suspect Fraud Traffic, then we may delay payment of the Affiliate Fees to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions. In the event that we determine the activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may recalculate and/or confiscate your fees accordingly.
5.5 Method of Payment. All payments will be due and payable in United States Dollars only. Payment will be made by PayPal only.
6 DISCLAIMER OF WARRANTIES
6.1 SAPEBOOKS SERVICES AND ANY OFFERINGS ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE."
6.2 SAPEBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, MERCHANTABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SAPEBOOKS OFFERING OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE.
7 LIMITATION ON LIABILITY
7.1 If You reasonably determine that any SAPebooks offering does not materially meet SAPebooks's obligations under this Agreement, then You must notify SAPebooks in writing within ten (10) days of receiving any such allegedly nonconforming services. Your failure to so notify SAPebooks on a timely basis shall mean that You accept such services, and SAPebooks shall thereafter have no liability whatsoever with respect to such services. If upon receipt of any notice under this Section, SAPebooks may, at its sole discretion, reperform the service in question or otherwise provide You with any substitution or replacement services in lieu thereof..
7.2 SAPEBOOKS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT.
8.1 SAPebooks may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of this Agreement.
8.2 SAPebooks may add, remove, suspend or discontinue any aspect of any SAPebooks Offering.
9.1 You or SAPebooks may, at any time, with or without cause, terminate this Agreement and Your participation in SAPebooks Affiliate Program. You may effect such termination through the Affiliate Member Area or by written notice to SAPebooks.
9.2 Alternatively, SAPebooks may, in its sole discretion, suspend, limit, restrict, condition or deny Your access to or use of SAPebooks Affiliate Program.
10.1 Force Majeure. SAPebooks shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of SAPebooks, whether or not similar to the foregoing.
10.2 Confidentiality and Non Disclosure. As an affiliate you will receive confidential information from us as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. Therefore, you will not disclose this information to third parties without our express written consent.
10.3 Language of Agreement. This Agreement is drafted in English. If this Agreement is translated into another language, the English language text shall in any event prevail.