Economical, Ecological and Effective Drinking Water Filtration Solutions
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Affiliate Terms and Conditions
This Master Agreement ("Agreement") is made between EcoSystemsIntl.net ("Merchant") and the undersigned entity ("Affiliate").
1. DUTIES AND RESPONSIBILITIES
Merchant hereby grants Affiliate a non-exclusive right to establish the link to the Merchant's web site which will provide visitors with the ability to directly access Merchant's web site from Affiliate's web site in order to market, promote, and sell Merchant's service over the Internet. The link on Affiliate's web site will be designed and maintained by Affiliate, subject to final approval by the Merchant. Affiliate will generated own product(s) or storefront link by login.
The Affiliate will link its web site to the appropriate area within Merchant's web site, as specified by Merchant using special URL's set forth by The Merchant. If Affiliate is approved, Merchant will grant you a non-exclusive limited license to use these link materials, including our trademarks to the extent they are incorporated into the link materials, only while Affiliate is an affiliate and only in accordance with the terms and conditions of this Agreement. Merchant retains ownership in its names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology, including without limitation, those names, logos, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
Affiliate warrants and represents to the Merchant that each Internet Site identified by Affiliate as the URL that will receive Merchant's link and is controlled by the Affiliate and operated by the Affiliate and/or its independent contractors, will be functional and accessible at all times and is in compliance with all with all applicable laws and regulations and suitable in all respect to receive the link from the Merchant. The Merchant may test the Affiliate's URL and in its sole discretion may remove any URL(s) at any time that fails to comply with the Merchant's requirements.
Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.
Merchant can at its own discretion terminate Affiliate and withhold all commissions due to Affiliate if Affiliate has violated local, state or federal laws of the United States of America (including, but not limited to the "CAN-SPAM" Act), or the country of Affiliate's legal residence; if Affiliate is sending unsolicited emails; if Affiliate is using trademarks and misspellings of registered marks and domain names; if Affiliate is using deceiving methods (including, but not limited to adware).
2. RESTRICTIONS ON USE
The Parties agree that, for purposes of future use and contact only, the Visitors purchasing Merchant's goods or services through the link to Merchant's web site are, and shall be deemed to be, the exclusive customers of the Merchant, and as such, Affiliate agrees that (i) it will utilize all customer-related information only for purposes of the requested transaction; (ii) it will not share customer information with third parties that do not have a direct need to know, and then only to the extent required in order to complete a transaction or to otherwise comply with this Agreement; and (iii) it will advise the Merchant of its intention to contact the customers for matters not related to the Merchant's performance of this Agreement and obtain Merchant's prior written consent thereto, which consent shall not be unreasonably withheld.
3. RELATIONSHIP OF PARTIES
Affiliate and The Merchant are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on the Merchant's behalf. Affiliate will not make any statement, whether on Affiliate's site or otherwise, that reasonably would contradict anything in this Section.
4. PAYMENT TO AFFILIATE
Every Affiliate, who directly refers a completed sale, will be paid 6% of the sale amount. $100.00 or more monthly accumulated commissions are send out on the end of each month. Less than $100.00 are send out on the end of the month Affiliate reach $100.00. Outside USA Affiliate are paid by Moneygram® or PayPal® with funds transfer cost deducted from commission.
No commissions shall be paid for product that is returned for any reason or for which The Merchant is unable to collect the purchase price of the product. Commissions will be paid only on orders received during the term of this Agreement.
5. TERMS OF AGREEMENT
This agreement shall be effective upon Merchant's acceptance, after review by affiliate department, of Affiliate's affiliate application and will end upon termination by either party. Either party may terminate Agreement, with or without cause, at any time. Affiliate is only eligible to earn referral fees on sales occurring during the term. This agreement shall be governed by the laws of the State of Michigan without regard to its conflict of laws procedures. Any action relating to this Agreement must be brought in the federal or state courts located in Michigan.
Merchant may modify any of the terms and conditions contained in Agreement at anytime and in The Merchant's sole discretion, by posting a change notice or a new agreement on the site. Modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUTED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7. LIMITATION OF LIABILITY
Anything in the Agreement to the contrary notwithstanding, under no circumstances whatsoever shall The Merchant be liable to Affiliate for any special, consequential, indirect, or incidental damages of any kind whatsoever arising in connection with this Agreement or the Program. In no event whatsoever shall The Merchant's liability to Affiliate for any other reason whatsoever exceed in the aggregate the sum of the total referral fees payable to Affiliate under this Agreement.
8. TOTAL AGREEMENT
This agreement shall be an agreement binding upon each of the parties hereto, their successors, and to the extent permitted their assigns. This Agreement represents the sole Agreement between the Parties and supersedes and merges any prior Agreement, oral or written, between the Parties with respect to the subject matter hereof. YOU UNDERSTAND THAT WE MAY AT ANY TIME 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.
Affiliate may not assign this agreement, by operation of law or otherwise, without prior written consent. The Merchant's failure to enforce Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of The Merchant's right to subsequently enforce such provision or any other provision of this Agreement.