Net Applications Partner Program Terms and Conditions
This agreement is entered into between Net Applications, Inc. and the individual or entity ("you") named in the application for Net Applications's Affiliate Program (the "Program").
- Program Description.
Participation in the Program allows you, subject to the terms of this Agreement, to receive a commission when users are referred to Net Applications by you and purchase any pay services that exist on the Net Applications web site.
- By signing up for the Net Applications affiliate program you agree to these terms and conditions:
You have read our general copyright notice and terms and conditions and you agree to them.
You use our services at your own risk. Our services are provided on an 'as is' and 'as available' basis. We are not liable for damages, direct or consequential, resulting from any failure to provide service, suspension of service, or termination of service. We do not guaranty the availability of the Net Applications affiliate program. You agree not to hold us responsible for data loss or interruption of service of any kind. Net Applications retains ownership and all rights to the Net Applications logos, trademarks, software, trade secrets, databases, reports, and Web site.
Net Applications reserves the right to cancel your enrollment for any violation of the terms of this agreement at any time.
You may only signup for one affiliate account for yourself or your organization.
- Referral Criteria.
You may refer users to Net Applications in any way you wish, within the following criteria:
This Agreement does not create any exclusive arrangement between you and Net Applications.
Commissions are paid according to the schedule posted on the Net Applications web site. To receive commissions for any orders, you must include your affiliate id provided on the URL referring the user to Net Applications. Commissions are paid based on money received. Returns or chargebacks are deducted from the affiliate's account. Sales of items that involve recurring revenue pay recurring commissions. Recurring commissions are paid at the rate of 50% for the first two years of each customer's revenue, then goes to 15% for the remaining life of the customer.
Net Applications retains the right to reject any customer order for any reason.
The commission rates may be changed by Net Applications at any time upon 30 days notice to you. Commissions will be paid on a monthly basis, provided that your accrued balance is at least $100.00 (U.S.). Amounts less than $100.00 (U.S.) will be carried forward and added to the next month's total. Checks will be processed and mailed within 30 days from the end of the month in which your accrued commissions reach the minimum.
Net Applications reserves the right not to pay sites which, in Net Applications's sole discretion, violate any of the terms and conditions of this Agreement.
Net Applications reserves the right to cancel non-performing partner accounts upon 30 days notice.
- Current Customers.
You shall not attempt to sell Net Applications services to a current customer of Net Applications. In the event that you solicit a current customer of Net Applications, Net Applications shall have no obligation to pay a commission to you for such customer.
- Relationship Between the Parties; Scope of Authority.
You shall perform all duties under this Agreement as an independent contractor, and agree not to hold yourself out as an agent of Net Applications with authority apart from authority expressly granted from Net Applications. You shall have no express or implied authority to assume or create any obligation or enter into any agreement on behalf of Net Applications. Nothing in this Agreement shall be deemed to create an employer-employee, partnership, franchise or joint venture relationship between Net Applications and you.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM YOUR VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. OUR LIABILITY WILL NOT EXCEED THE COMMISSION AMOUNT DUE TO YOU.
- Limitation of Liability.
Net Applications SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, DELAY OF DELIVERY AND IMPLEMENTATION, OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT Net Applications HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Net Applications'S LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED SOLELY TO MONEY DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF COMMISSIONS DUE YOU.
You or we may terminate your account at any time.
This Agreement will be construed and enforced in accordance with the laws of the State of California without regard to its conflict of laws principles. Venue for any dispute under this Agreement will be Orange County, California. Net Applications shall not be liable for, and is excused from, any failure to perform or for delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of Net Applications's suppliers or subcontractors, acts of nature, governmental actions, fire, flood, natural disaster, or labor disputes. Net Applications reserves the right to change the terms and conditions of this Agreement at any time by posting the modified version on the portion of its web site. You may not assign this Agreement or any of your rights or obligations under this Agreement, in whole or in part, without the express written consent of Net Applications. Any notice made by Net Applications to you shall be deemed properly given and effective: (i) when reduced to writing and sent to the e-mail address specified in your Program registration, OR (ii) fifteen (15) days after being posted to the portion of Net Applications's web site that relates to the Program. Any notice made by you to Net Applications shall be deemed properly given and effective when reduced to writing and delivered to the customer support e-mail address specified in the Program documentation on Net Applications's web site.