Affiliate
Program Enrollment
To begin the enrollment process, you will submit a complete Affiliate
Program Application via our Web site. We will evaluate your application
in good faith and will notify you of your acceptance or rejection.
We may reject your application if we determine, in our sole discretion,
that your site is unsuitable for the Affiliate Program 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.
If we reject your application, you are welcome to reapply to the
Program at any time. We may rely upon the information you supply
in the Affiliate Program Application as accurate and complete.
If any term or condition contained in the Affiliate Program Application
conflicts with the terms of this Agreement, the terms of this
Agreement shall govern.
Promotion
of Our Affiliate Program
Upon your acceptance as an Affiliate Site, we will make available
to you a variety of graphic and textual links (the "Links"),
which, subject to the terms and conditions hereof, you may display
as often and in as many areas of your site as you desire. The
Links will serve to identify your site as a member of our Affiliate
Network and will establish a link from your site to ours.
buyscooteronline
Agrees To:
· Pay Affiliate commissions on sales made by buyscooteronline
that you refer from your site. No fees shall be payable if a visitor
leaves the buyscooteronline site without making a purchase.
· The commission rate paid to an buyscooteronline affiliate
is 6% of sales your site bring to buyscooteronline.
· Pay Affiliate on a monthly basis when your account has
reached a minimum of $50.00. Accounts with a balance of less than
$50.00 will roll over to the next month.
· Approve applications within a 48-hour period.
Affiliate
Agrees To:
· Place buyscooteronline Links on your site.
· Have sole responsibility for the development, operation,
and maintenance of your site and for all the materials that appear
on your site.
· Ensure that all materials posted on your site are not
illegal and do not infringe on the rights of any person or entity
of any kind. We disclaim all liability for all materials on your
site.
· Indemnify, defend, and hold us harmless from all claims,
damages, and expenses relating to the development, operation,
and contents of your site.
· Make sure that your site does not copy or resemble the
look and feel of buyscooteronline or create the impression that
your site is our site or a part of our site.
· Submit the URLs for all sites you plan to use to promote
Buyscooteronline via e-mail to affiliate@buyscooteronline.com.
Publicity
You shall not create, publish, distribute, or permit any written
material that makes reference to us without first submitting such
material to us and receiving our consent.
Confidentiality
Except as otherwise provided in this Agreement or with the consent
of the other party hereto, each of the parties hereto agrees that
all information, including, without limitation, the terms of this
Agreement, business and financial information, customer and vendor
lists, and pricing and sales information, concerning us or you,
respectively, or any of our Affiliates provided by or on behalf
of any of them shall remain strictly confidential and secret and
shall not be utilized, directly or indirectly, by such party for
its own business purposes or for any other purpose except and
solely to the extent that any such information is generally known
or available to the public through a source or sources other than
such party hereto or its affiliates.
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 Affiliate Network, even
if we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement
and the Affiliate Program will not exceed the total commissions
paid or payable to you under this Agreement.
Limited License
We grant you a nonexclusive, nontransferable, revocable right
to access our site through the Links solely in accordance with
the terms of this Agreement, for the sole purpose of linking your
site to our site, solely for the purpose of identifying your site
as a participant in the Program and assisting in increasing sales
at buyscooteronline You may not alter, modify, or change the Links
in any way. You are only entitled to use the Links to the extent
that you are a member in good standing of the buyscooteronline
Affiliate Program. We may revoke your license anytime by giving
you written notice.
Disclaimers
We make no express or implied warranties or representations with
respect to the buyscooteronline Web site or the buyscooteronline
Affiliate Program (including, without limitation, warranties of
fitness, merchantability, noninfringement, or any implied warranties
arising out of course of performance, dealing, or trade usage).
In addition, we make no representation that the operation of our
site will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors.
Termination
The terms of this Agreement will begin upon acceptance of your
application. This Agreement shall commence on the date of approval
of your Affiliate Program application and shall continue thereafter
in full force and effect until terminated at any time by either
party by giving the other party written notice of termination.
Upon termination of this Agreement for any reason, you will immediately
cease use of, and remove from your site, all Links to our site,
and all buyscooteronline.com 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.
Modifications
We may modify any of the terms and conditions of this Agreement
at any time. You will be notified by email, and a change notice
will be posted on our site. If the modifications are unacceptable
to you, your only recourse is to terminate this Agreement. Your
continued participation in this Affiliate Program after a change
notice has been posted will constitute binding acceptance of the
change. buyscooteronline will send out notification by email to
our affiliates at least 14 days prior to any changes to the terms
of this agreement.
Anti-Spam
Policy
Affiliates will be removed from the buyscooteronline Affiliate
Program and forfeit any pending commissions if they are caught
spamming. Spamming is not allowed and will not be tolerated!
Independent
Contractors
You and buyscooteronline 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.
Representations
and Warranties
You hereby represent and warrant to us as follows:
1. This Agreement has been duly and validly executed and delivered
by you and constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms.
2. The development, operation, and contents of your site do not
infringe upon the copyright, trademark, or any other right of
any person or entity.
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 buyscooteronline Affiliate Program and are not relying
on any representation, guarantee, or statement other than as set
forth in this Agreement.
Fraud
If you commit fraud or falsify information this agreement will
be terminated immediately. In addition, you will be liable to
buyscooteronline for any and all damages that buyscooteronline
suffers as a result of such actions. You will also be responsible
for returning to buyscooteronline all commissions received for
fraudulent/falsified orders, and we will not hesitate to pursue
all legal causes of action against you to the fullest extent possible
under the law.
Assignment
This Agreement and the rights and obligations hereunder may not
be assigned by you without prior written consent of buyscooteronline.
Reservation
of Rights
Buyscooteronline may terminate this Agreement at any time if your
site is determined (at our sole discretion) to be unsuitable for
the Program, even if your site has not changed since the time
that your Affiliate Program application was accepted. Meritline
also reserves the right to monitor Affiliate sites at any time
to determine whether they are in compliance with this Agreement.