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This Affiliate Program Agreement ("Agreement") sets forth the terms and conditions regarding the 101domain Affiliate Program 101domain.Inc.
BY CLICKING ON THE "SUBMIT APPLICATION" BUTTON AT THE BOTTOM OF THE AFFILIATE PROGRAM APPLICATION, YOU (IF ACTING AS AN INDIVIDUAL) OR YOUR COMPANY (IF YOU ARE ACTING ON BEHALF OF YOUR COMPANY)("AFFILIATE") AGREE(S) TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
As used in this Agreement, the following terms shall have the respective meanings assigned to them below:
"Referred Customer" means unique customers who access www.101domain.com through an Affiliate Link on the Affiliate Site. "101domain Marks" means 101domain trade names, trademarks, service marks and/or logos authorized by 101domain for use in the Program and made exclusively available under this Agreement at https://reseller.101domain.com/affiliate/. "101domain Product" means products and services offered by 101domain at www.101domain.com. "Affiliate Link" means 101domain-authorized banners, logos, hypertext, and other graphical links placed on Affiliate Site which allows Referred Customers to automatically transfer from Affiliate Site to www.101domain.com. "Affiliate Site" means a website owned and operated by Affiliate which Affiliate signs up under this Program. "Affiliate Toolbox" means the administration panel provided by 101domain to Affiliate for retrieval of Affiliate Links, reporting tools, and other resources for use under this Agreement made exclusively available under this Agreement at https://reseller.101domain.com/affiliate/.
To begin the enrollment process in the Program, prospective Affiliate will submit a completed application at http://www.101domain.com/domain-affiliate-program.htm. 101domain will evaluate the application and notify the prospective Affiliate of acceptance or rejection into the Program. 101domain may reject the application and reserves the right to terminate this Agreement for any reason with or without notice to Affiliate including, but not limited to, a determination that the Affiliate Site is unsuitable for or incompatible with the Program.
3. Affiliate Links
Affiliate agrees to post at least one Affiliate Link found in the Affiliate Toolbox on each Affiliate Site operated under this Agreement within 10 business days following 101domain's acceptance of Affiliate into the Program.
We strictly prohibit the following uses of Affiliate Links: Placement in search engines, directories, newsgroups, unsolicited e-mail, banner networks, counters, chartrooms, forums, social networking profiles, or guestbook. We prohibit URL masking, forwarding, cloaking, or any other practice deemed misleading to the Referral Customer at 101domain's sole and absolute discretion.
Affiliate acknowledges that the Affiliate Site will include 101domain Marks and is in no way authorized to alter, remove, or customize 101domain Marks, nor will Affiliate display 101domain Marks in a manner that is defamatory, misleading, libelous, or otherwise potentially damaging to the reputation of 101domain, or the goodwill associated therewith.
4. Affiliate Obligations and Restrictions
Affiliate will be solely responsible for the development, operation and maintenance of Affiliate Site and for all materials and content that appear on Affiliate Site. Affiliate hereby agrees to indemnify, defend and hold harmless 101domain, its shareholders, officers, directors, employees, agents, partners, successors and assigns, from and against any and all claims, losses, liabilities, damages, or expenses (including, without limitation, attorney's fees) arising from the development, operation, maintenance, and contents of Affiliate Site.
Affiliate agrees to refrain from the following: (a) purchasing and/or using domain name(s) that incorporate portions of the 101domain Marks; (b) identifying the Affiliate Site as an "official site" ("affiliate" or "authorized affiliate" are permissible); and (c) changing or advertising 101 Product pricing and/or offering additional Affiliate discounts or rebates on any 101domain Product(s).
5. Order Processing
101domain will process orders placed by Referred Customers. 101domain reserves the right to reject or withhold fulfillment of orders for any reason, including but not limited to the failure of any customer to comply with our terms and conditions posted at www.101domain.com, or the failure of customer to meet registration requirements.
101domain will pay Affiliate commissions for completed orders of Referred Customers as follows (all amounts in United States Dollars):
Monthly Net Sales.................................5%
Phone sales are not eligible for commissions.
"Net Sales" is defined as Total Sales less returns and/or refunds issued to Referred Customer.
Pursuant to Section 6 above, 101domain will pay Affiliate Commissions earned, for which payments will be calculated on a monthly basis, approximately sixty (60) days following the end of each calendar month for the duration of this Agreement. 101domain will send Affiliate a check for Commissions earned less any reductions for returns or refunds issued for any reason including, but not limited to, (a) orders unable to be fulfilled for any reason, fraudulent orders, or redundant orders. If the Commissions payable for any period do not exceed $100 USD, 101domain will hold payments until such time as Commissions payable exceed this amount (unless this Agreement is terminated, at which time, all payments due to Affiliate will be issued).
Affiliate may be taxed on the receipt of Commissions under this Agreement, depending on the tax laws of Affiliate's federal, state, and/or local jurisdictions. Affiliate shall be responsible for any and all tax liability arising out of receipt of Commissions under this Agreement and Affiliate agrees to indemnify and hold 101domain harmless from any and all claims, damages, and expenses (including without limitation, attorney's fees) arising from such tax liability.
8. Term and Termination
Either party may terminate this Agreement at any time by providing ten (10) days written notice to the other party, for any reason, with or without cause.
Upon termination, all licenses granted herein shall terminate and Affiliate shall immediately remove all Affiliate Links and 101domain Marks from all Affiliate Sites under this Agreement.
If 101domain should terminate this Agreement because Affiliate is in breach of a material term, 101domain may withhold Commissions payable in an amount equal to the amount by which 101domain believes that it has been damaged by such breach, including prospective damages and damages resulting from claims by third parties.
Termination of this Agreement shall relieve both parties of continued performance under this Agreement. All terms, which by their nature survive, shall survive termination, including without limitation, Sections 4, 9, 10, 11, and 12.
101DOMAIN DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES REGARDING ITS SERVICES, THE 101DOMAIN SITE OR ANY MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL 101DOMAIN BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERUPPTION, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER LOSS) ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, 101DOMAIN'S MAXIMUM AGGREGATE LIABILITY WITH RESPECT TO THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCE EXCEED THE TOTAL PAYMENTS MADE TO AFFILIATE UNDER THIS AGREEMENT.
11. Mutual Confidentiality, Proprietary Information and Rights
Definition. The terms of this Agreement and information and data that one party (the "Receiving Party") has received or will receive from the other party (the "Disclosing Party") in connection with this Agreement are proprietary and confidential information ("Proprietary Information") of the disclosing party, including without limitation, any and all technical and non-technical information including processes, patents, copyrights, trade secrets, software programs, and software source documents, related to the current, future, and proposed services of each of the parties including research, development, design details and specifications, customer lists, financial information, business forecasts, and sales and marketing plans and information.
Nondisclosure and Nonuse. Each of the parties agrees that they will not use, disseminate, or in any way disclose any Proprietary Information of the other party to any third party (except as required by law), nor use the Proprietary Information for any purpose not permitted under this Agreement. The nondisclosure obligations set for in this section shall not apply to information that was previously available in the public domain at the date of this Agreement.
Proprietary Rights. All intellectual property rights in the Product, specifications, techniques, and documents 101domain gives to the Affiliate relating to this Agreement are owned by 101domain. 101domain's supply of 101domain Marks to the Affiliate does not give the Affiliate any right or license to any such intellectual property rights nor does it allow Affiliate to represent itself or make any claim that it has any title, right, or interest in any registered or unregistered trade marks of 101domain.
Independent Contractors. In making and performing this Agreement, the parties are acting and shall act as independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
Force Majeure. In the event that either party is unable to perform its obligations under the terms of this Agreement (other than the obligation to pay amounts due and owing hereunder) because of acts of God, strikes, equipment or transmission failure or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes.
Governing Law. This Agreement and its subject matter shall be governed in accordance with the laws of the State of California without regard to conflict of laws or principles contained therein. All controversies arising hereunder shall be brought in the state and federal courts located in San Diego County, California.
Public Statements. Either party may disclose the existence of this Agreement but may not represent to any third party any positions, statements, intentions or other actions on behalf of the other. Neither party shall use the other party's name, trademarks or service marks or issue any press release or similar public statement without the other party's prior written consent which shall not be unreasonably withheld or delayed.
Miscellaneous. Affiliate may not assign any of its rights or privileges, or delegate any of its duties or obligations hereunder, in whole or in part, by operational of law or otherwise, to any third party without the prior written consent of 101domain. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. All notices required to be in writing shall be delivered by hand, sent by recognized overnight courier (such as Federal Express, Airborne or UPS), or mailed by certified or registered mail, return receipt requested, postage pre-paid, addressed to the parties set forth above. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof. This Agreement may be amended by 101domain from time to time upon which time Affiliate will be notified of such amendments.
BY CLICKING "SUBMIT APPLICATION", YOU ACKOWLEDGE THAT YOU HAVE READ THIS AFFILIATE PROGRAM AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY (DIRECTLY OR INDIRECTLY) SOLICIT REFERRED CUSTOMERS ON TERMS WHICH MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES SIMILAR TO OR IN COMPETITION WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATION IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain, Inc.
Revised October 5, 2012
© 101domain, Inc. All Rights Reserved.
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