| Affiliate Agreement |
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We look forward to doing business with you and hope that you find our services valuable. By participating in Clickalyzer's affiliate program, you agree to all terms and conditions set forth in the 'Terms and Conditions' agreement as well as all terms and conditions set forth in this agreement. 1. DESCRIPTION Clickalyzer.com ("Clickalyzer") provides a free voluntary affiliate program, whereby affiliates may earn a commission for referring customers to Clickalyzer. This affiliate program pays commissions on direct sales. The percentage of commission you receive, totals 20% of the total price CHARGED by Clickalyzer.com from your referrals. 2. REGISTRATION To register to be a Clickalyzer affiliate, you may either fill the form located at http://www.clickalyzer.com/affilsignup.php (also accessible by clicking "Affiliate Program" on the navigation menu), or you may sign up as a Clickalyzer customer. By signing up as a Clickalyzer customer you are automatically registered as a Clickalyzer affiliate. There is no cost to be a Clickalyzer affiliate. 3. COMMISSIONS When you are a Clickalyzer affiliate, you earn commissions as set forth inside the member's area, under 'affiliate center' for each direct sale you refer to Clickalyzer. When you refer a new paid Clickalyzer customer there is a 30 day holding period before these commissions are payable to you. At the end of this 30 day holding period, commissions become due to you for all payments that customer has made. Toward the end of each month, checks are drawn up for commissions due for the previous month. You will receive commissions for your referals for as long as they remain a Clickalyzer customer, and you are enrolled in the Clickalyzer affiliate program. Commission checks are drawn up only when your balance exceeds $50. Should your balance fall under that figure, your earnings will be added to those of the next month, repeatedly, until your owed commissions exceed $50. This policy is in order to make sure our affiliates do not lose a large sum of the money when cashing the cheques. 4. PARTICIPATION Participation in Clickalyzer's affiliate program is purely voluntary. You are under no obligation to promote Clickalyzer. Services provided to you by Clickalyzer will in no way be affected by your participation or lack of participation in Clickalyzer's affiliate program. 5. MODIFICATIONS Clickalyzer reserves the right to cancel or modify the affiliate program in any way, including the rate of commission, or any other part of the affiliate program at any time at its sole discretion. 6. TRACKING Clickalyzer incorporates the best possible combination of 'cookies' and HTML tracking, to ensure you are credited each and every customer you deserve. According to statistics, over 99% of your customers will be tracked by cookies, while the remaining 1% will still be tracked using advanced HTML and PHP scripting. Cookies are set to expire within 30 days, which means even if a person you referred to your Clickalyzer affiliate URL up to 29 days ago, visits it again, they will still be credited as your referral, and you will be paid commissions for as long as this person remains a member of Clickalyzer. The latter statement is void in the case that during those 29 days, the customer visited n affiliate URL of another affiliate, in which case that customer will be credited to the last Affiliate, whose page the customer visited. 7. TAX LIABILITY Any tax liability related to commissions paid to you is your sole responsibility. 8. SPAM Clickalyzer reserves the right to cancel any affiliate's account if they promote Clickalyzer using unsolicited commercial email (UCE/SPAM), off topic or unsolicited news group posts, or engage in any form of unsolicited advertisement with the intention of promoting Clickalyzer. 9. ABUSE By joining the affiliate program, you agree that you will not refer yourself (sign up as a Clickalyzer customer with your own affiliate ID). You also agree that you will not attempt to defraud Clickalyzer in any way. In the event that an affiliate abuses Clickalyzer's affiliate program, Clickalyzer will cancel that affiliate's account, and all of that affiliate's referrals will be lost to that affiliate. In addition to this, Clickalyzer may seek legal action against such individuals if the abuse warrants such action. 10. RECURRING COMMISSIONS You will receive commissions for your direct referrals for as long as you are enrolled in Clickalyzer's affiliate program, and as long as the person you referred remains a customer. 11. DISCLAIMER OF WARRANTIES Clickalyzer.com makes no guarantees of any kind regarding the use or the results derived from any and all services Clickalyzer.com offers (the "Services"), in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind, either expressed or implied. Clickalyzer.com will not be held responsible for any losses, damages, or costs that you and/or your business may suffer when using the website or any and all services Clickalyzer.com provides. CLICKALYZER.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLICKALYZER.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATABLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS. 12. LIMITATION OF LIABILITY IN NO EVENT WILL CLICKALYZER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT CLICKALYZER.COM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NOT LIMITING THE FOREGOING, IN NO EVENT WILL CLICKALYZER.COM'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY CLICKALYZER.COM FROM YOU UNDER THIS AGREEMENT. Without limiting the foregoing, Clickalyzer.com is not responsible for any of your data residing on Clickalyzer.com's hardware. You are responsible for backing-up your data and information that may reside on Clickalyzer.com's hardware, whether or not such information is produced through the use of the Service. 13. INDEMNIFICATION You agree to indemnify and hold harmless Clickalyzer.com and its officers and representatives from any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Clickalyzer.com or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Clickalyzer.com. You expressly agree that use of the website and/or any and all services is at your sole risk. This obligation shall survive any termination of your relationship with Clickalyzer.com. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES PROVIDED TO YOU BY Clickalyzer.COM IS AT YOUR SOLE RISK. NEITHER Clickalyzer.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE. 14. GENERAL PROVISIONS The laws of the United States of America govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the United States of America in all disputes arising out of or relating to thsi Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Clickalyzer.com. In the event that Clickalyzer.com is the prevailing party in such a dispute, Clickalyzer.com will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute related to Services provided by Clickalyzer.com or this Agreement. This Agreement, along with Clickalyzer.com's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and Clickalyzer.com with respect to the Services. To the extent of any conflict between this Agreement and Clickalyzer.com's Website Terms of Use, the Website Terms of Use will govern your general use of Clickalyzer.com's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force. No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Clickalyzer.com network, and, consequently, you will receive periodic announcements and information regarding Clickalyzer.com's services. You may request to be removed from these mailing lists at any time. 15. QUESTIONS If you have any questions about this Agreement or Clickalyzer.com's Services, please contact Clickalyzer.com by visitingthe support section at Clickalyzer.com's website located at: http://www.clickalyzer.com/contact.php. Thank you for choosing Clickalyzer.com. |
