Best Priced Cards Affiliates Program Agreement
By
filling out the signup form you acknowledge that you have
read
the terms and conditions, understand, and agree with them.
This
Agreement contains the complete terms and conditions that apply
to an individual or entity's participation in the BestPricedCards.com
Affiliates Program (the "Program"). As accepted in
this Agreement, "we"
means BestPricedCards.com, and "you" means the applicant.
"Site" means a World Wide Web site and, depending on
the context, refers either to BestPricedCard.com's site or to the
site that you will link to our site.
| 1.
Enrollment in the Program |
In
enrolling in the Program you must first submit a complete
Program application via our site. Upon receiving this,
we will evaluate your application and will notify you of
your acceptance. If your site is not yet functioning ("live"),
we will reevaluate it periodically. Upon acceptance of
your enrollment, we reserve the right to cancel your application
at our discretion if we feel your site is unsuitable (as
described in section 10) for the Program.
If
we reject your application, you are encouraged to reapply
to the Program at any time after your site has been modified.
2.
Links on Your Site |
The
following methods may be used to link your site to Best2Call.com:
- General
Link: You may provide a general link on your
site to our home page, which will be provided by
BestPricedCards.com.
- Search
Box: Site visitors may navigate directly to the
home page on the BestPricedCards.com site that contains
the results of their search queries.
- Customized
Banner: Any banner created by your site for the
purpose of linking to BestPricedCards.com must be
approved by BestPricedCards.com and used at our discretion.
3.Order
Processing |
We
will process orders placed by customers who open an account
with BestPricedCards.com by following special links from
your site to the BestPricedCards.com site. We reserve the
right to reject orders that do not comply with any requirements
that we periodically may establish. We will be responsible
for all aspects of order processing and fulfillment. Among
other things, we will prepare order forms, and process
payments, cancellations, and returns. In addition to this,
we will handle customer service. We will track sales made
by customers who open an account using special links from
your site to ours. To permit accurate tracking, reporting,
and fee accrual, you must ensure that the special links
between your site and our site are properly formatted;
proper coding on the affiliate's site is the responsibility
solely of the affiliate.
4.
Referral Fees |
We
will pay you a 10% fee on all sales completed by customers
referred through the special link on your website. For
a sale to generate a referral fee, the customer must first
follow a special link (specified by BestPricedCards.com)
from your site to the BestPricedCards.com site's homepage.
After going through this link, the customer must purchase
a pre-paid phone card, accept delivery, and make the full
payment to us. After a visitor accesses our site through
yours, a "cookie" will be set which will identify
that user when they access the BestPricedCards.com site
regardless of whether they came back through your site
or not. The cookie will persist for 30 days with your affiliate
ID number, unless a) another site overwrites the cookie
with its own affiliate ID number, b) a purchase is completed
or c) the cookie somehow expires or is erased due to changes
made on the user's computer. Unless otherwise noted any
listed BestPricedCards service is entitled to earn referral
fees at the price listed off BestPricedCards.com - these
services are referred to as "Qualifying Services."
Notwithstanding
the foregoing, BestPricedCards.com reserves the right
to offer other referral fees for sales made in conjunction
with online promotions or coupons.
5.
Fee Payment |
Referral
fees will be paid on a monthly basis. If the fees payable
to you for any calendar month are less than $25.00, we
will hold those fees until the total amount due is at least
$25.00 or until this Agreement is terminated or a request
is made. Payments will be issued every month based on your
account balance at the end of each month. Commissions on
customer orders are credited to your statement on the order
date. If the customer stops or disputes payment for services,
which has generated a referral fee, we will deduct the
fee from your next payment. If you are owed less than the
amount being deducted and the agreement is ended, we will
send you a bill for the fee.
6.
Policies and Pricing |
Customers
purchasing pre-paid phone cards through this Program will
be deemed customers of BestPricedCards.com exclusively.
All BestPricedCards.com rules, policies, and operating
procedures regarding customer orders, customer service,
and sales will apply to these customers. BestPricedCards.com
reserves the right to change its policies and operating
procedures at any time, without prior notification to your
site. We will determine the prices to be charged for services
sold under this Program according to our own pricing policies.
Since service prices and availability may change from time
to time, you may not include price information in your
service descriptions.
7.
Responsibilities of Your Site |
You
are responsible for:
- creating
and posting proper links on your site. BestPricedCards.com
will provide these links with your affiliate code.
- ensuring
the accuracy and appropriateness of materials posted
on your site in association to BestPricedCards.com.
- ensuring
that materials posted on your site do not violate or
infringe upon the rights of any third party such as
copyrights, trademarks, privacy, or other personal
or proprietary rights.
- ensuring
that materials posted on your site are not libelous
or otherwise illegal.
We disclaim
all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents
of your site.
You
must ensure that your site will not:
- Promote
violence
- Promote
pornographic materials
- Promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Violate
intellectual and artistic property right
- Promote
illegal activities
- use
forms of indiscriminate advertising or spamming to promote
yourself or your site.
In
addition, you may not purchase, register, or bid any keywords,
search terms or other identifiers that include the word "BestPricedCards"
or variations thereof (for example "best priced cards",
"BestPricedCards.com”, etc.) for use in any search
engine, portal, sponsored advertising service or other search
or referral service. If we determine, in our sole discretion,
that you have engaged in any of the foregoing activities,
we may (without limiting any other rights or remedies available
to us) withhold any referral fees otherwise payable to you
under this Agreement and/or terminate this Agreement.
8.
Terms of the Agreements |
The
terms of this Agreement will begin upon our acceptance
of your application and will end upon being terminated
by either party. Either party, with or without cause, may
terminate this Agreement by giving the other party written
notice of termination. This agreement will terminate five
(5) days after written notice by either party.
9.
Modification |
BestPricedCards.com
reserves the right to modify any of the terms or conditions
contained in this Agreement, at any time, by posting a
change notice or a new agreement on our site. Modifications
may be changes in the scope of available referral fees,
fee schedules, payment procedures, and Program rules. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
10.
Relationship of Parties |
This
Agreement does not create any partnership, joint venture,
agency, franchise, sales representation, or employment
relationship between your site and BestPricedCards.com.
You have no authority to make or accept any offers or representations
on our behalf. You are unable to make any claims that reasonably
would contradict anything in this Section.
11.
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 Program, even
if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total
referral fees paid or payable to you under this Agreement.
12.
Disclaimers |
BestPricedCards.com
makes no warranties with respect to the Program or any
services sold through the Program (including, without limitation,
warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of a course of performance,
dealing, or trade usage). BestPricedCards.com makes no
guarantee that the operation of our site will be uninterrupted
or error-free. In such an instance we will not be liable
for the consequences of any interruptions or errors.
13.
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 PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
14.
Miscellaneous |
| This Agreement
will be governed by the laws of the United States and the
state of Florida. Any action relating to this Agreement must
be brought forth in the federal or state courts located in
Tampa, Florida and you irrevocably consent to the jurisdiction
of such courts. You may not assign this Agreement, by operation
of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure
to the benefit of, and enforceable against the parties and
their respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement. |
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