This Agreement, made and entered into by and between The Prideindex.com Partnership, doing business as Prideindex or Prideindex.com (all of which are referred to herein individually or together as "Prideindex.com" or "us") and you, the affiliate ("you" or "affiliate"), contains the complete terms and conditions that apply to your participation in the Prideindex Affiliate Program (the "Affiliate Program" or "Program").
1. Terms of the Agreement
The term of this Agreement will begin upon our acceptance of your affiliate application and will continue for one year, subject to the provisions of Paragraphs 4, 6, 11 and 19, below. Either party may notify the other of their intention not to renew the Agreement by giving written notice at least 30 days prior to the end of the term.If neither party does so, the Agreement will automatically continue for another year. You are only eligible to earn commission on sales occurring during the term.
You must use a valid email through which you can be reached to participate in the Prideindex.com Affiliate Program. If you do not, your account will be deactivated.
2. Compensation Defined
Affiliates will be paid a 5-15% commission for each sale generated via the Prideindex.com linke from the affiliate's web site. Affiliates will also be paid a renewal commission each time a member renews his/her service.
A commission fee will only be paid to an affiliate after the customer has made
payment in full to Prideindex.com for the sale. Any service cancellations and credits will
function in the same manner, but as a deduction to the commission due to the
affiliate.
3. 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 Prideindex.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.
4. Modifications to the Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available commission structure, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, you will have 30 days in which to notify us in writing of your wish to withdraw from the program. If you do not do so within 30 days, you will be deemed to have accepted the modifications to the Agreement. The effective date of your withdrawal from the program shall be 30 days from our receipt of your notice.
5. Eligibility in the Program
Employees of Prideindex.com, its subsidiaries, parent companies or sister companies and the immediate family members of such employees are not eligible to participate in the Prideindex.com Affiliate Program.
6. Enrollment in the Program
To begin the enrollment process, you will submit a complete application from our 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 (at our sole discretion) that your site is unsuitable for the Program. If we reject your application, you are welcome to reapply to the program at any time when your circumstances change. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the program, we may terminate this agreement.
Your site should:
7. Privacy Policy
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, you 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 the parties hereto or other Prideindex.com affiliates.
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 Prideindex.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.
8. Fraud
If you commit fraud or falsify information in connection with the registration of members for the Easy Match Rental service through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Prideindex.com for any and all damages that Prideindex.com suffers as a result of such actions. You must also return to Prideindex.com all commissions received for fraudulent/falsified members. Should you fail to do so, we will pursue our full legal remedies against you.
9. 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 one month's commission paid or payable to you under this Agreement. We will calculate this amount on the basis of your average monthly commissions for the 12 months immediately preceding the event that gave rise to our liability. If you have participated in the program for less than 12 months, we will calculate this amount on the basis of your average monthly commissions for the period of your participation.
10. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Prideindex.com may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.
11. Identifying Yourself as an Affiliate
We require with all non-banner marketing (including but not limited to email, Pay per click engine, message board, etc), that you identify yourself either as "In Association with Prideindex", "Prideindex Partner" or "Prideindex Affiliate" in that text clearly and legibly. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
12. Payment to Affiliates
Commissions will be paid by means of PayPal. No other payment options are available at this time.
Commissions will be paid in U.S. dollars only.
Commission checks will be made payable to the order of the person and/or company name designated on the partners application at the time of sign-up. Absolutely no exceptions will be made to this rule.
Commissions are accrued on a 30th or 31st day of the calendar month. If you fail to provide Prideindex.com with a correct address or email address for verification—or if checks mailed to you are returned to Prideindex.com—you will forfeit any amounts otherwise due to you hereunder. You can send updated information to affiliate@prideindex.com . Any attempt by an affiliate to manipulate, falsify or inflate referrals, to defraud Prideindex.com, or to violate the terms of this Agreement, constitutes immediate grounds for Prideindex.com to terminate this Agreement and will result in forfeiture of any amounts otherwise due to you hereunder.
Commissions are calculated based on the sales tracked through your links. All sales are verified.
Commissions are paid on a monthly basis when an affiliate's account has reached a minimum threshold of $25.00. Accounts with a balance of less than $25.00 will roll over to the next month.
Commission payments to the affiliate will be posted to Paypal on the 10th day of the month. Should the 10th day fall on a weekend, checks will be mailed on the next business day.
No commission will be paid if for any reason an affiliate’s referred visitor cancels their Prideindex.com service and receives a refund from Prideindex.com. If the affiliate has already received commission for a canceled service, the earned commission will be reversed from the affiliate's account in the next month. If a visitor reduces their level of service, the earned commission will be reversed from the affiliate's account. The new commission amount will then be reflected. If a visitor increases their level of service, the additional earned commission will be added to the affiliate’s account.
13. Tracking of Sales
Prideindex.com will be solely responsible for tracking sales made to customers who follow an affiliate's links or banners or mentions the affiliate's code in the online form or with a phone order. An affiliate will be solely responsible for ensuring that its links are formatted properly and maintained in a manner that allows Prideindex.com to track such sales. No commission shall be paid if the application cannot be tracked by Prideindex.com or if the customer accesses the web site other than through the affiliate's links and does not input or mention the affiliate's code.
14. Order Processing
will process orders placed by customers who follow links from your site to the Prideindex.com site. Prideindex.com shall be responsible for service payments, cancellations and related customer service issues. Prideindex.com reserves the right, in its sole discretion, to reject an order.
15. Responsibilities of Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You are solely responsible for:
The technical operation of your site and all related equipment;
The accuracy and appropriateness of materials posted on your site (including, among other things, all Prideindex.com product-related materials);
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights);
Ensuring that materials posted on your site are not libelous or otherwise illegal.
16. Indemnification
We disclaim all liability for these matters listed in 15. 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.
17. Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the links with which we will provide you.
Solely in accordance with the terms of this Agreement.
Solely for the 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 traffic to Prideindex.com.
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 Prideindex.com Affiliate Program. We may revoke your license at anytime by giving you written notice.
18. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to Prideindex.com and receiving our consent.
Pay-per-click Keyword Search Engine Policy At this time, affiliates MAY bid on any keywords they would like to use to generate traffic to their sites for Prideindex.com promotions EXCEPT the trademarked names "Prideindex" or "Prideindex.com ".
19. Anti-Spam Policy
Affiliates
will be removed from the Prideindex.com Affiliate Program and forfeit any pending
commission if they are caught spamming, defined as "bulk and/or
unsolicited email delivery". Spamming is not allowed and will not be
tolerated.
Affiliates
using email to promote Prideindex.com must also comply with the following conditions:
All Email addresses used must have been obtained with permission
Every email sent must have the actual business address listed in the email
Every "bulk" email sent must have an
"Unsubscribe" link that works
20. Anti-Predatory Policy
No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web users' access, view or usage of, or other aspect of the Web users' experience at any affiliate’s web page in a manner that causes or otherwise results in a different experience from that was otherwise intended by such affiliate.
No Affiliate will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from an affiliate’s web page (including without limitation any return visit to Easy Match Rentals to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to any partner or increasing any payment obligation of Prideindex.com with respect to any individual transaction.
21. Disclaimer
We make no express or implied warranties or representations with respect to the Prideindex Web site or the Prideindex.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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.
Miscellaneous
This
agreement shall be governing by and construed in accordance with the
laws of the State of Illinois and subject to the jurisdiction of the State of
Illinois. 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 be 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.
This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. You may not modify this Agreement.
23. 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.
24. Proper Age
By joining the program, you are accepting this entire agreement and you are confirming you are an adult of at least 18 years of age (19 or 21 where applicable).