JonRocket.com Affiliate Agreement
To participate in JonRocket.com Affiliate Program, you must agree to the following.
This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, JonRocket.com ("We", "Our", "Us"), and you ("You", "Your", "Affiliate"), regarding your participation as an affiliate of JonRocket.com.
BY SUBMITTING AN APPLICATION TO JOIN THE JONROCKET.COM AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
To apply to become an affiliate, you must submit a completed application online at http://www.jonrocket.com/affiliate/. We will evaluate Your application and notify You of Your acceptance or rejection in a timely manner. We reserve the right to reject Your application for any reason. Please understand that not every application will be accepted and a rejection of Your site is not intended to denigrate your web site. It simply implies that We did not feel Your site was an appropriate match for Our company's products.
Promotion of Our Affiliate Relationship
If You qualify and agree to participate as an Affiliate, We will make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. The Links will serve to identify Your site as a member of the Affiliate Program and will establish a Link from Your site to Ours. The Links may connect to any area of Our site (although commissions will only be issued on Qualified Purchases). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links.
All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of Your site to the pertinent area of Our site will in no way alter the look, feel, or functionality of Our site.
You may not post any JonRocket.com coupon codes on your web site without Our prior permission. Except as specifically permitted within this agreement, You may place special links to Our site only on web sites which You maintain. We reserve the right to withhold commissions for purchases by customer referrals which originate from special links placed on web sites that are not under Your direct management or otherwise allowed by this agreement. Specifically, You may not place special links to JonRocket.com in public forums or on social networking sites which are not owned or operated directly by You. You may, however, provide links to pages within Your site which contain special links to JonRocket.com.
You may use Our special links in Pay Per Click (PPC) advertising through programs such as Google's AdWords. You are, however, soley responsible for the content of Your PPC advertisements and the keywords You choose for the ads.
Referred customers must actually click on a special link to visit Our site. You may not frame the JonRocket.com site or use any method which artificially sets the visitor's "cookie" without them clicking on a special link and visiting JonRocket.com.
Any violations of the terms surrounding links, link placement, and coupon codes may result in Your termination from the program or withholding of commissions.
Order Processing
We will process orders placed by referred customers who follow the Links from your Web 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, including service, cancellation, processing, refunds and payment processing will be our responsibility. We will track qualified purchases generated by Your web site and will make this information available to you through Our web site. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between Your web site and Our web site are properly formatted. We are not responsible for improper links.
Commission Determination
You will be paid a commission for each qualified purchase by a referred customer that you refer to Us under and in accordance with the terms of this Agreement. A qualified purchase is the purchase of an item that is added to Our site's shopping cart by a referred customer within seven (7) days of the customer visiting Our site through a special link. The purchase must be completed within 30 days of the product being added to the cart.
JonRocket.com reserves the right to suspend payment of commissions at any time and indefinitely, if We suspect fraud or other improper activity or a potential breach of any of the terms in this Agreement by the affiliate or referred customer.
Commission Fees and Payments
Subject to the terms of this Agreement, we will pay a commission of 7% on each qualified purchase by a referred customer which occurs during each calendar month. In the event that we refund a referred customer for the purchase of a qualified product, Your commission on that specific sale will be removed from Your current balance in the current calendar month.
Commissions will be processed 15 to 30 days after the end of each month in which a qualified purchase was properly completed and Your commissions (less any deductions for refunds) is greater than $10. All commissions will be paid to you through Paypal using the email address currently associated with your Affiliate account at JonRocket.com.
You are responsible for informing Us about changes to your postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact Our ability to issue a commission payment. Commissions that are returned for invalid or insufficient address information or for other reasons may be forfeited.
Affiliate Reports
You may log into JonRocket.com/affiliates/ to review Your account statistics. The statistics are updated throughout the day, but may not be updated instantly. Reports include specific information on traffic you have sent to JonRocket.com as well as qualified purchases made by referred customers. Commission payment information is also available.
Obligations Regarding Your Site
You will be solely responsible for the development, operation, and maintenance of Your site and for all materials that appear on Your site. Such responsibilities include, but are not limited to, the technical operation of Your site and all related equipment; creating and posting product reviews, descriptions, and references on Your site and linking those descriptions to Our Web site; the accuracy and propriety of materials posted on Your site; ensuring that materials posted on Your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
JonRocket.com Responsibilities
We will be responsible for providing information necessary to allow You to make appropriate Links from Your site to Our site. We are responsible for selecting products to sell on JonRocket.com, setting prices for the products, processing orders placed by a referred customer following a Link from Your site, tracking the qualified purchases generated by Your site, and providing information to You regarding qualified purchases.
Policies and Pricing
We determine the prices for each product sold at JonRocket.com. Our prices are subject to change at any time. Therefore, You may not display price information in conjunction with any special link to our site unless Your site dynamically retrieved the latest price from Our web site with the last thirty (30) minutes using serves provided by JonRocket.com.
While We use reasonable efforts to present accurate information, We cannot guarantee the availability or price of any particular product or that all product information provided by Us is correct. We assume no responsibility for errors in product information provided at JonRocket.com or dynamically to Your web site from Our web site.
E-mail Marketing
You shall not create, publish, transmit or distribute, under any circumstances, any electronic mail messages containing special links to JonRocket.com without prior consent from Us.
Use of Logos and Trademarks
We grant You a non-exclusive, non-transferable, revocable license to use or JonRocket.com trademark and logos and similar identifying material relating to us solely for use in linking to Our site for the purpose of advertising Our Site or products. You may not alter, modify, or change the licensed materials in any way without permission.
Term of the Agreement
The term of this Agreement begins upon Our acceptance of Your affiliate application and ends when terminated by either party. Either You or We may terminate this agreement at any time, with or without cause. You are eligible to earn commissions on qualified purchases occurring only during the term.
We reserve the right to remove an Affiliate from the affiliate program at any time for any reason based on Our sole discretion. Without limitation, Your participation in this program shall be deemed automatically terminated and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
Modification
We may modify any of the terms and conditions contained in this Agreement at any time at Our sole discretion. Such modifications shall take effect when posted on Our site. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the affiliate program following Our posting of a new agreement on Our site will constitute binding acceptance of the change.
Disclaimers
We make no express or implied warranties or representations with respect to this affiliate program or any products sold through the affiliate program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, We make no representation that the operation of Our site will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors, including the tracking of referred customers during the period of interruption.
Relationship of Parties
You and JonRocket.com are independent contractors, and nothing in this agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that reasonably would contradict anything in this agreement.
Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Indemnification
You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, or (iii) any claim related to Your site, including, without limitation, its development, operation, maintenance and content therein not attributable to Us.
Governing Law
The laws of the United States and the State of Florida will govern this agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Seminole County, Florida and You irrevocably consent to the jurisdiction of such courts. 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 the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this agreement.
YOUR PARTICIPATION IN THE AFFILIATE PROGRAM SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT.
|