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PayNoFine's
Affiliate Agreement
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Affiliate
Program Agreement
This
Agreement describes the entire terms and
conditions for participation in PayNoFine.com's
Affiliate Program. In this Agreement, the term
"Participant" refers to you (the applicant), and
"sponsoring website" refers to the website from
which you will link to PayNoFine.com. Wherever
the Agreement refers to "you" or "your", it
means "the Participant"; "we" or "our" refer to
PayNoFine.com/Eureka Communications and the term
"product" refers to the PayNoFine Guide.
If you agree to what you read below, you should
select SUBMIT at the end of the online
application form you complete in order to enroll
as PayNoFine.com Affiliate. By selecting SUBMIT,
you acknowledge your consent to the terms and
conditions of this Agreement, your intention to
be legally bound by such terms and conditions,
and that you understand that and intend this
Agreement to be the legal equivalent of a
signed, written contract, and equally binding.
If you do not agree with the terms in this
Agreement, do not select SUBMIT, in which case
you will not be eligible to become a
PayNoFine.com Affiliate.
Participation as a PayNoFine.com
Affiliate
To become a PayNoFine.com Affiliate, you will
submit a completed Application Form. For timing
purposes, you are automatically Accepted as an
affilaite. We may reject your application if we
determine (in our sole discretion) that your
site is unsuitable for any reason, including,
but not limited to, inclusion of content that is
in any way unlawful, harmful, threatening,
defamatory, obscene, harassing, or racially,
ethnically, or otherwise objectionable.
PayNoFine.com Links
As a PayNoFine.com Affiliate, we will provide
you with one or more links to the PayNoFine.com
site which will consist of graphic images and/or
text copy. These links will be used by you to
connect the users on your site directly to the
PayNoFine.com Site. In utilizing the
PayNoFine.com links, you agree that you will
cooperate fully with us in order to establish
and maintain such links.
You also agree that you will display on your
site only those graphic images and/or text copy
(indicating a link) that are provided by us, and
you will promptly substitute such images and/or
text copy with any new images and/or text copy
provided by us from time to time throughout the
term of this Agreement. You may only modify a
PayNoFine.com link with our express written
consent.
You can add or remove links at any time: You may
add as many links to PayNoFine.com, or remove
such links, at anytime and without prior
approval from PayNoFine.com.
Referral Fee Qualifying Products
The PayNoFine Guide sold by Eureka
Communications originating from a special link
or links at your sponsoring website qualify to
earn you referral commission. For the purposes
of this Agreement, a Qualifying Product shall
mean when a customer: (i) follows the
PayNoFine.com link from your site to ours, (ii)
completes the order form, (iii) has a valid
billing data as a direct result of the use of
the PayNoFine.com link on your site. For
example, if a visitor comes to our site once
from Site A and then later returns to our site
from a link from Site B, all commissions for any
resulting sales by that visitor will be paid to
Site B. Commissions will only be paid on the
PayNoFine Guide. No commission will be paid if
the visitor cannot be tracked by our system.
Referral Fee Amount
Only qualifying products that are sold by
PayNoFine.com and for which PayNoFine.com has
received full payment will qualify for a
referral commission. The total of such sales in
any given month will generate referral
commission, based upon the applicable flat rate
referral commission, according to the following
schedule:
PayNoFine
Guide: $4.00 per sale
Referral
Fee Payment
Commissions are paid on a monthly basis.
Approximately 21 days following the end of each
month, we will send you a check for the amount
of the commissions earned during the preceding
month. If the commissions owing to you are less
than $20, we will hold the commissions earned
until the next payment period. Occasionally, you
may receive a check for a smaller amount when
accounts are cleared at year-end.
Returns and Cancellations
If a consumer is refunded their purchase price
for use of the PayNoFine Guide, the
Participant's referral fee for that sale will be
deducted from the next monthly payment sent to
the Participant. If there is no next monthly
payment, the Participant will be billed.
Order Processing
PayNoFine.com will be solely responsible for
processing every order placed by a customer
following a special link from your sponsoring
website. Order entry will use PayNoFine.com
secure online ordering process. Order forms,
payment processing, cancellations, returns, and
related customer service are the responsibility
of PayNoFine.com.
All of the rules, operating procedures and
policies of PayNoFine.com regarding customer
orders and accounts will apply to orders we
receive through special links on your sponsoring
website. PayNoFine.com reserves the right to
reject any order that does not comply with our
rules, operating procedures and policies.
Tracking of Sales
PayNoFine.com will be solely responsible for
tracking sales we make to customers who follow
special links from the sponsoring website. The
Participant will be solely responsible for
ensuring that these special links are formatted
properly, a necessary prerequisite to tracking
such sales. Statements of sales activity will be
provided to the Participant in realtime with a
special URL that they are assigned.
Promotional Techniques
You are free to promote the link to
PayNoFine.com in all the ways we recommend in
Affiliate Resource Center after you sign up.
Examples of acceptable ways to promote
PayNoFine.com are: through banners, text links,
letters of recommendation to newsletters
subscribers or your client base. However, if you
use SPAM (in any way, shape or form, including
email and newsgroup spamming), or offer the
PayNoFine.com product on any WAREZ, CRACK, or
SPAM oriented site, your account will be
immediately terminated! Any referral fees not
paid up to the point of termination will not be
paid to you and will be property of
PayNoFine.com.
References/Testimonials
You agree to cooperate with PayNoFine.com in the
development of joint press releases and
testimonials. You further agree that you will
allow us to use your company name in marketing
collaterals and make reference to you on our
website.
PayNoFine.com policy applies to all
orders
Every customer who buys a product through this
program is deemed to be a customer of
PayNoFine.com. The Participant does not have the
authority to make or accept any offer on behalf
of PayNoFine.com. All PayNoFine.com policies
regarding customer orders, including pricing and
problem resolution, will apply to these
customers. PayNoFine.com is not responsible for
any representations made by the Participant,
which contradict our policies.
Product priceing and availability
The price charged for our product sold under
this program will be determined by PayNoFine.com
according to our own pricing policies. In case
of any price discrepancies, the price charged to
the customer will always be the price listed on
PayNoFine.com webpage linked from your
sponsoring website.
Website service interruption
PayNoFine.com will make every effort to keep its
website operational. However, certain technical
difficulties may, from time to time, result in
temporary service interruptions. The Participant
agrees not to hold PayNoFine.com liable for any
of the consequences of such interruptions.
Term of the Agreement
The Participant may receive referral payments on
qualifying orders that are placed during the
term of this Agreement. This term will begin on
the date that your application is approved by
PayNoFine.com, and shall end when canceled by
either party as provided below.
Referral Commissions earned through the date of
expiration or cancellation of this Agreement
will remain payable only if the orders are not
refunded. Issue of the final referral fee
payment to the Participant may be withheld for a
reasonable time in order to ensure that the
correct amount is paid.
The Agreement may be modified
PayNoFine.com reserves the right to change any
of the terms and conditions in this Agreement,
at any time and in its sole discretion, by
posting a new Agreement on our website.
Cancellation of this Agreement
Either PayNoFine.com or the Participant, acting
in their sole discretion, may choose to cancel
this Agreement at any time by written notice of
cancellation to the other. This Agreement will
terminate automatically upon either party's
breach of this Agreement upon notice to the
breaching party. All notices required under this
Section shall be in writing, in either print or
electronic format. Notices shall be effective
upon receipt.
Warranty Disclaimer
PayNoFine.com makes no warranties,
representations or conditions with regard to the
program or, except as expressly set forth in
PayNoFine.com's then current Subscriber
Agreement, any products sold thereunder, whether
express or implied, arising by law or otherwise,
including without limitation any implied
warranty of merchantability or fitness for a
particular purpose or non-infringement or any
implied warranty arising out of course of
performance, course of dealing or usage of
trade.
Limitation of Damages
PayNoFine.com shall have no liability for any
indirect, incidental, special or consequential
damages or any loss of revenue or profits
arising under or with respect to this Agreement
or the program, even if PayNoFine.com has been
advised of the possibility of such damages.
Further, PayNoFine.com's aggregate liability
arising under or with respect to this Agreement
or the program shall in no event exceed the
total referral fees paid or payable by
PayNoFine.com to Participant under this
Agreement.
Miscellaneous
Participant and PayNoFine.com are independent
contractors and nothing in this Agreement is
intended to or will create any form of
partnership, joint venture, agency, franchise,
sales representative or employment relationship
between the parties. Participant shall not
assign this Agreement, by operation of law or
otherwise, without the prior written consent of
PayNoFine.com. Subject to the foregoing
restriction, this Agreement is binding upon,
insures to the benefit of and is enforceable by
the parties and their respective successors and
assigns.
Governing Law
This Agreement shall be governed by the laws of
the United States and Canada without reference
to its choice of law principles.
ACCEPT
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