Affiliate Agreement for ClixTrac.com
1. The Affiliate Agreement
1.1 This Affiliate Agreement describes the
terms and conditions for participation in the ClixTrac.com Affiliate
Program. This is an agreement between you as a registered user and affiliate
(‘Affiliate’) of the ClixTrac.com web site (‘Web Site’).
2. The Affiliate Hyperlink
2.1 To qualify as an Affiliate you
must complete the ClixTrac registration form and be registered for at least a free ClixTrac account. Once you have completed the
registration process, our system will generate a URL (‘Affiliate
Hyperlink’) for you. Your Affiliate Hyperlink can be found on the My Account tab upon logging into your ClixTrac control panel.
3.1 Affiliate commissions are based on the Affiliate's account type at the time a new user is referred. The Affiliate that has a Professional account will receive $2.50 per month for each Premium account order and $5.00 per month for each Professional account order placed through their Affiliate Hyperlink. The Affiliate that has a Professional account will receive $23.70 per year for each Premium account order and $47.70 per year for each Professional account order placed through their Affiliate Hyperlink for discounted annual payment plans. The Affiliate that has a Premium account will receive $1.50 per month for each Premium account order and $3.00 per month for each Professional account order placed through their Affiliate Hyperlink. The Affiliate that has a Premium account will receive $14.25 per year for each Premium account order and $28.65 per year for each Professional account order placed through their Affiliate Hyperlink for discounted annual payment plans. The Affiliate that has a Free account will receive $0.50 per month for each Premium account order and $1.00 per month for each Professional account order placed through their Affiliate Hyperlink. The Affiliate that has a Free account will receive $4.75 per year for each Premium account order and $9.55 per year for each Professional account order placed through their Affiliate Hyperlink for discounted annual payment plans.
3.2 In order to generate a commission the
customer must become a paid user and remain a paid user for one full month.
Commissions will only be paid on sales made through the Affiliate Hyperlink.
4.1 ClixTrac.com will pay the Affiliate monthly, on the 15th day of the month for qualified commissions earned from the previous month. Payments will be made via PayPal.
5. Subscription Cancellations
5.1 If for any reason monies are refunded to
the customer whose order generated a commission for the Affiliate,
or if there are returned checks or charge backs, the amount will be deducted from the Affiliate’s next payment.
6.1 ClixTrac.com will be solely responsible for
processing every order placed through the Affiliate Hyperlink.
7. Product Prices
7.1 The prices charged for each subscription
level and the definition of the subscription levels will be determined by
ClixTrac.com. In case of any price discrepancies, the price charged will be the
price listed on the ClixTrac.com website.
8. Sales Tracking
8.1 ClixTrac.com will be solely responsible for
tracking of sales made through the Affiliate Hyperlink. It is the
responsibility of the Affiliate to ensure that the Affiliate
Hyperlink is formatted correctly.
9. Sales Promotion
9.1 If you use SPAM in any shape of form, including email and newsgroup spamming, you will lose your affiliate status and any earned commissions and be subject to fines and prosecution. Your ClixTrac account may also be immediately terminated in accordance to our user Terms of Service.
10. Interruption of Service
10.1 ClixTrac.com will make every effort to keep
its website operational. However, certain technical difficulties may, from
time to time, result in temporary interruptions to the web site service. The
Affiliate agrees to not hold ClixTrac.com liable for any of the
consequences of such interruptions.
11. Intellectual Property
11.1 ClixTrac.com retains their ownership, title and interest
in the intellectual property rights contained in the ClixTrac.com service
including but not limited to copyright, database rights, trademarks, patents,
service marks, design rights (whether registerable or otherwise) know-how,
trade or business names, domain names, goodwill associated with any of the
foregoing and other similar rights or obligations, whether registerable or not,
in any jurisdiction in the world.
12. Relationship of Parties
12.1 The Affiliate and ClixTrac.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. The
Affiliate has no authority to make or accept any offers or representations on
the behalf of ClixTrac.com. The Affiliate will not make any statement
to contradict this statement.
13.1 The Affiliate accepts that it
is reasonable that, to the maximum extent permitted by law, all
representations, conditions, warranties and other terms whether implied by
statute, common law, through a course of dealing or otherwise are excluded.
13.2 ClixTrac.com and its owners will not be liable to you for any of the following kinds of loss or
damage: special, incidental, indirect or consequential loss or damage caused
by errors or omissions in the information or other items provided or available
herein, whether such errors or omissions result from negligence, accident or
any other cause; loss of profits; or loss or damage to data.
13.3 To the extent that ClixTrac.com is deemed by
a court of competent jurisdiction to have any liability to you in contract,
tort (including negligence) or otherwise in relation to this Web Site or the
Services, ClixTrac.com’s entire liability shall be limited to the value of the
commission fees payable to the Affiliate under this agreement.
14.1 ClixTrac.com reserves the right to add to or
change the terms of this Affiliate Agreement in its sole discretion, without
prior notice to you. If we change this Affiliate Agreement, we will post the
new agreement on the Web Site, and it will become effective from the time of
posting to the Web Site. Please visit this agreement on a regular basis to
make sure you have read and understood the latest version. Wherever possible,
we will give you notice of any changes prior to their implementation.
14.2 If any part of this Affiliate Agreement
is held by a court of competent jurisdiction to be unenforceable, the validity
of the remainder of this Affiliate Agreement will not be affected.
14.3 If ClixTrac.com is unable to perform any
obligation under this Affiliate Agreement because of a matter beyond its
reasonable control (including but not limited to); fire, flood, war,
explosion, civil disorder, or other disasters or governmental laws or
regulations imposed after the fact, or events beyond the reasonable control of
ClixTrac.com and its owners, ClixTrac.com will have no liability for that failure to perform.
14.4 Any person who is not a party to this
Affiliate Agreement has no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of this Affiliate Agreement but this does not
affect any right or remedy of a third party which exists or is available apart
from that Act.
14.5 This Affiliate Agreement is governed by
the laws of the United States of America, and is subject to the exclusive jurisdiction of the
U.S. Courts. You agree to waive any argument that the U.S. Courts are
not a convenient forum to hear or determine any dispute or other matter
arising under or in connection with this Affiliate Agreement.
If you have any queries or problems with regard to this Affiliate Agreement, please contact us using our contact form.