This Agreement contains the complete
terms and conditions that apply to an individual's or entity's participation in
the
freetaxdepot.com Affiliate
Program (the "Program"). As used in this Agreement, "we", "us", or "our" means
freetaxdepot.com or any of our associates, as the case may be, and "you" means
the applicant. "Free Tax Site" means the site that has its primary home page
identified by the URL www.
freetaxdepot.com,
and "site" means a World Wide Web site. "Your site" means any site that you
will link to the Free Tax Site (and which you will identify in your Program
application).
1. Enrollment in the Program
To begin the enrollment process, you
will submit a complete Program application via the Free Tax Site. We will
evaluate your application and will notify you of its acceptance or rejection.
We may reject your application if we determine (in our sole discretion) that
your site is unsuitable for the Program. Unsuitable sites include, but are not
limited to, those that:
-
Promote sexually explicit
materials
-
Promote violence
-
Promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or
age
-
Promote illegal activities
-
Breach intellectual
property rights
-
Include "Free Tax,"
any other trademark of Free Tax depot Stores
freetaxdepot.com
or its associates, or variations or misspellings of any of them, in their URLs
to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.)
-
Otherwise violate
intellectual property rights.
By participating in the Program you
agree that you will not engage in any such activities. If we reject your
application, you are welcome to reapply to the Program at any time. You should
also note that if we accept your application and your site is thereafter
determined (in our sole discretion) to be unsuitable for the Program, we may
terminate this Agreement. Participation in the Program is limited to parties
that lawfully can enter into and form contracts under applicable law. For
example, minors are not allowed to participate in the Program.
2. Links on Your Site
Once you have been notified that your
site has been accepted into the Program, we grant you a revocable,
non-exclusive, worldwide, royalty-free license for the duration of the term of
this Agreement, solely for purposes of facilitating referrals from your site to
the Free Tax Site, to provide on your site links to the Free Tax Site. You
may then provide a link or multiple links on your site(s) to any page of the
Free Tax Site as per the guidelines on the "Link to Us" page. Links to the
Free Tax Site must be HTML links as opposed to Java script links which may not
be tracked by the affiliate program.
You acknowledge that, by participating
in the Program and links within your site, we may receive information from or
about visitors to your site or communications between your site and those
visitors. Your participation in the Program constitutes your specific and
unconditional consent to and authorization for our access to, receipt, storage,
use, and disclosure of any and all such information.
Except for the license granted under
this Section 2, you do not obtain any rights under this Agreement in any
intellectual property, including, without limitation, any intellectual property
with respect to link formats, technical specifications, guidelines or graphical
artwork contained in the Free Tax Site, or with respect to the Free Tax
stores. freetaxdepot.com
domain name.
You also acknowledge that we may
monitor your site for the purpose of ensuring the quality and reliability of
Links on your site (for example, to detect links that are broken or
non-functional etc.). Therefore, you agree that we may take such actions and
that you will not seek to block or otherwise interfere with such monitoring
(and that we may use technical means to overcome any methods used on your site
to block or interfere with such crawling or monitoring).
You also acknowledge that as a
participant in the Program, we may from time to time send you email updates
about the Program. By participating in the Program, you consent to our sending
you these email updates.
Further, you acknowledge and agree that
you will: (a) not use any Content provided by freetaxdepot.com in a manner
intended to send sales to any site other than the freetaxdepot.com Site (b)
use any data, images, text, or other information obtained by you from us or the
Free Tax Site in connection with this Agreement ("Content") only in a
lawful manner and only in accordance with the terms of this Agreement; (c) not
modify or alter any Content that consists of a graphic image, other than to
resize it; (d) not edit any Content that consists of text, other than to
shorten its length; and (e) not sell, redistribute, sublicense or transfer any
Content.
3. Order Processing
We will process orders placed by
customers who follow Links from your site to the Free Tax Site. We reserve the
right to reject orders that do not comply with any requirements that we
periodically may establish. We will be responsible for all aspects of order
processing and fulfillment. Among other things, we will prepare order forms,
process payments, cancellations, and returns, and handle customer service. We
will track sales made to customers who purchase Products by using Links from
your site to the Free Tax Site and will make available to you reports
summarizing this sales activity. The form, content, and frequency of the
reports may vary from time to time in our discretion.
4. Referral Fees
We will pay you referral fees on orders
referred through your site. For a sale to be eligible to earn a referral fee,
the customer must click-through a Link from your site to the Free Tax Site and
purchase goods through the Free Tax site. Your referral information will be
recorded on the customer's computer in the form of cookies and will be valid
for a period of 90 Days.
Referral fees will be paid for all orders received during this
90 Day period from the first time the customer
clicks-through a link from your site. We will only pay referral fees on
eligible Products after order, payment and shipping have occurred. Although all
feasible precautions will be taken by us to ensure the accurate calculation of
referral fees, we will not be responsible for referral fees lost due to
technical issues on the customer's computers or any other technical issues
beyond our control.
Moreover, if the customer clicks a link
from another site other than your site during the
90 day period of time, the referral information on the
customer's computer will be updated and the new referral's information will be
contained in the cookie from that day for the next
90 days and no referral fees will be paid for any
orders received from these customers to you past this event.
To permit accurate tracking, reporting
and fee accrual, you must ensure that the Links between your site and the Duty
Free Site are properly formatted. We will not be liable for paying referral
fees on purchases that are not correctly tracked and reported because the links
between your site and the Free Tax Site are not properly formatted.
In addition, no referral fees will be
paid for orders made by customers getting using the travel industry personnel's
discount codes to get the travel industry discount.
5. Referral Fee Schedule
During each calendar quarter, for
qualifying orders received by the Free Tax site during sessions initiated
through Links on your site or by users with active cookies with referral
information for your site, you will earn (subject to the other terms of this
Agreement) referral fees in accordance with either fee structure described
below.
Fee Structure:
Subject to the other terms of this
Agreement, you will earn 10% of "Revenue" (revenue derived by us from
sales of Qualifying orders received during sessions initiated through Links on
your site or by customers with active cookies with referral information for
your site, excluding returns and bad debt.
freetaxdepot.com reserves the right to
amend these referral fee rates at any given point of time. All affiliates will
be informed via email of any such changes.
6. Referral Fee Payment
We will pay you referral fees on a
monthly basis. Approximately
10 days following the end of each month, we will send you a check for the
referral fee earned by you in that month.
We will only send checks out to
full addresses, and these checks will
be payable in US dollars
respectively. All referral fees are calculated in US
dollars.
7. Policies and Pricing
Customers who buy products through this
Program will be deemed to be our customers. Accordingly, all of our rules,
policies, and operating procedures concerning customer orders, customer
service, and product sales will apply to those customers. We may change our
policies and operating procedures at any time. For example, we will determine
the prices to be charged for products sold under this Program in accordance
with our own pricing policies. Product prices and availability may vary from
time to time. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any
particular product.
8. Identifying Yourself as an Associate
You may not issue any press release with
respect to this Agreement or your participation in the Program; such action may
result in your termination from the Program. You may not in any
manner misrepresent or embellish the relationship between us and you, or
express or imply any relationship or affiliation between us and you or any
other person or entity except as expressly permitted by this Agreement
(including by expressing or implying that we support, sponsor, endorse, or
contribute money to any charity or other cause).
9. Limited License
We grant you a nonexclusive, revocable
right to use the HTML code given on our link to us page and such other text or
images for which we grant express permission, solely for the purpose of
identifying your site as a Program participant. You may not modify the graphic
image or text, in any way. We reserve all of our rights in the graphic image
and text, any other images, our trade names and trademarks, and all other
intellectual property rights. You agree to follow our Trademark Guidelines, as
those guidelines may change from time to time. We may revoke your license at
any time by giving you written notice.
10. Responsibility for 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. For example, you will be solely responsible for:
-
The technical operation of
your site and all related equipment
-
Creating and
posting links on your site to our site
-
The accuracy and
appropriateness 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 (including, for example, copyrights, trademarks, privacy, or other
personal or proprietary rights)
-
Ensuring that materials
posted on your site are not libelous or otherwise illegal
-
Ensuring that your site
accurately and adequately discloses, either through a privacy policy or
otherwise, how you collect, use, store, and disclose data collected from
visitors, including, where applicable, that third parties (including
advertisers) may serve content and/or advertisements and collect information
directly from visitors and may place or recognize cookies on visitors'
browsers.
We disclaim all liability for these
matters. Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of your site.
11. Compliance with Laws
As a condition to your participation in
the Program, you agree that while you are a Program participant you will comply
with all laws, ordinances, rules, regulations, orders, licenses, permits,
judgments, decisions or other requirements of any governmental authority that
has jurisdiction over you, whether those laws, etc. are now in effect or later
come into effect during the time you are a Program participant. Without
limiting the foregoing obligation, you agree that as a condition of your
participation in the Program you will also comply with all applicable laws that
govern marketing email.
12. Anti-Spam
policy
As a responsible member of
the cyber community freetaxdepot.com maintains a strict policy forbidding any
third party from sending any sort of promotional emails (solicited or
unsolicited) on behalf of this site or the sites promoted by freetaxdepot.com.
This means we go beyond merely prohibiting spamming. To make things even
clearer for everybody we don't let anybody else send any emails on our behalf.
Thus,
freetaxdepot.com affiliates are
strictly forbidden from sending emails of any kind whatsoever on behalf of
freetaxdepot.com
or the freetaxdepot.com
promoted sites.
Be aware that spamming activities are a criminal
offense in a number of jurisdictions and violate the rules of many network
providers. Affiliates must understand that spamming may subject it/him to civil
claims for damages, fines and/or imprisonment.
Please note that the only acceptable methods of referring someone to
freetaxdepot.com sites are as described on
freetaxdepot.com itself. We terminate affiliates
who promote our sites by email and these affiliates face forfeiture of
outstanding earnings.
In order for freetaxdepot.com to
operate properly, we encourage all participants in freetaxdepot.com
to report any affiliates, websites or other third parties that use illegimate
methods to send traffic.
How do we operate?
In every case we receive a complaint regarding one of our direct
marketers/affiliates and/or any other third party sending emails on our behalf,
our Abuse Team immediately initiates an investigation.
It is important that you understand that the Abuse Team investigates every
single complaint we receive! Affiliates/direct marketers found by our Abuse
Team to have been promoting this site by email face termination of its/his
account with us and possible forfeiture of outstanding earnings.
In extreme cases, our Legal Department is also involved.
13. Term of the Agreement
The term of this Agreement will begin
upon our acceptance of your Program application and will end when terminated by
either party. 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 for any reason, you will immediately cease
use of, and remove from your site, all links to the Free Tax Site,
and all of our trademarks, trade dress, and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in connection with the
Program. You are eligible to earn referral fees only on qualifying sales that
occur during the term, and referral fees earned through the date of termination
will remain payable only if the related orders are not canceled or returned. We
may withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
14. Modification
We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole discretion,
by posting a change notice or a new agreement on the Free Tax Site.
Modifications may include, for example, changes in the scope of available
referral fees, referral fee schedules, payment procedures, and Program rules.
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 change notice or new agreement on the Free Tax site will
constitute binding acceptance of the change.
15. Relationship of Parties
You and we are independent contractors,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship between the
parties. 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 Section.
16. Limitation of Liability
We will not be liable for indirect,
special, or consequential damages (or any loss of revenue, profits, or data)
arising in connection with this Agreement or the 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 Program will not exceed the
total referral fees paid or payable to you under this Agreement.
17. Disclaimers
We make no express or implied
warranties or representations with respect to the Program or any products sold
through the Program (including, without limitation, warranties of fitness,
merchantability, no infringement, or any implied warranties arising out of a
course of performance, dealing, or trade usage). In addition, we make no
representation that the operation of the Free Tax Site will be uninterrupted
or error-free, and we will not be liable for the consequences of any
interruptions or errors.
18. Independent Investigation
You acknowledge that you have read this
agreement and agree to all its terms and conditions. You understand that we may
at any time (directly or indirectly) solicit customer referrals on terms that
may differ from those contained in this agreement or operate web sites that are
similar to or compete with your web site. You have independently evaluated the
desirability of participating in the program and are not relying on any
representation, guarantee, or statement other than as set forth in this
agreement.
I accept the terms of
this agreement
|