Affiliate Agreement
Terms & Conditions
This page describes the terms and conditions which govern your participation
in 4checks.com's Affiliate Program.
I agree to the Terms &
Conditions of the 4checks Affiliate Program.
“Affiliate”, “You” and “Your” refer
to you the applicant. “We”, “Our” and “Us”
refer to 4checks.com. “Referring Web Site” refers to the
web site from which you link to our web site.
Referral Web Site:
Affiliate may provide a link from a Referring Web Site to our web site
and earn referral fees. Affiliate may remove said link from a Referring
Web Site and re-link to our web site at any time without prior approval.
Affiliate may not display our name or link in any way that may defame
us or mislead the customer.
Affiliate may not link to our web site from a Referring Web Site which
engages in or promotes SPAM, pornographic material, violence, discrimination
based on race, gender, religion, nationality, disability, sexual orientation,
or age.
The Affiliate must ensure that materials posted on your site do not
violate or infringe upon the rights of any third party and are not libelous
or otherwise illegal.
If the Affiliate specifies a price point for our products in its marketing
and advertising, it shall ensure that it is updated regularly to reflect
all price changes.
We shall have the right, but not the obligation, to monitor the Affiliate’s
Referring Web Site at any time and from time to time determine if it
is in compliance with the terms and conditions of this Agreement.
The Affiliate shall indemnify and hold us harmless to all claims, damages
and expenses relating to the development, operation, maintenance and
contents of the Affiliate’s site.
No SPAM:
Promoting our services via unsolicited e-mail is strictly prohibited,
and the Affiliate must agree to not reference us in any way, shape or
form, in any e-mail that the Affiliate sends in which the recipient
has not specifically asked to receive it. Affiliates in violation of
this policy will forfeit their commissions and be removed from the 4checks
Affiliate Program.
Paid Search Advertising:
4checks.com does not allow direct to merchant trademark bidding by affiliates engaging in paid search advertising in any PPC engine, including but not limited to Google, Yahoo and MSN, for the 4checks brand term or for any brands featured on 4checks, which include:
- The Check Gallery
- Artistic Checks
- Message!Products
- Identity Check Printers
- LifeChecks
- The Styles Check Company
- Unique Products
- Image Checks
- Classic Checks
- Check Crafters
- 4Checks
- Custom Direct
Affiliates are also not to use any of the above brand names in the display URL of a paid search advertisement.
Again, we do not allow direct to merchant trademark bidding on 4checks.com or on the above listed brands featured on 4checks.com. Affiliates that do bid on the above terms MUST send all of the traffic first to their own site. The customer can then click through from the affiliate site to the products on 4checks.com.
Affiliates found in violation of this policy are subject to punitive actions by us, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance.
SPYWARE and other Parasites:
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Referring Web Site and/or its partner sites) is subject to punitive actions by Us, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance.
Qualifying Services:
All products sold by us to customers originating from the Affiliate’s
Referring Web Site or Referral URL, qualify to earn the Affiliate referral
fees. The Affiliate will not receive referral fees if the Affiliate
places an order on behalf of a Customer. In order to receive referral
fees, the Customer must place the order him/herself.
Prices:
Prices of our products may be changed at any time, solely at our discretion,
by posting the revised prices on our web site. The Affiliate acknowledges
that changes in the prices of our products will change the referral
fees earned by the Affiliate (price changes however, will not change
the commission rate).
Payment:
Affiliates will be issued with one commission payment check for each
month that they are due payment. If this commission check is not cashed
or claimed, within 90 days of being issued, the check is deemed void
and no replacement check will be provided. Affiliates who do not claim
their commission check, as outlined above, will have in effect agreed
to forfeit their commission for that month.
Referral Fee Payments:
We will mail a referral fee payment in US dollars for the applicable
referral fees on or before the last day of each calendar month for the
previous month’s referral fees, as long as the amount due to the
Affiliate is more than or equal to US $25. If the amount due to an Affiliate
is less than US $25, the amount will be carried forward to the next
month. Referral fee overpayments may be deducted from future payments
or shall be reimbursed by the Affiliate. An online statement of customer
purchase activity is available to the Affiliate at all times.
Returns and Cancellations:
If purchased products are cancelled by the Affiliate’s customer,
or if we have to issue a refund to the Affiliate’s customer for
any reason, the corresponding referral fee(s) will be deducted from
the Affiliate’s current or next monthly referral fee payment.
If the aforementioned referral fee(s) is more than the amount due to
the Affiliate, the Affiliate will be billed for the balance amount.
Tax Reporting:
The Affiliate shall be responsible for all taxes and other similar levies
applicable to the referral fees pursuant to any law or regulation. The
Affiliate shall refer the referral fees to its taxation authorities
as required by law. A completed W-9 form must be received before your first commission check can be processed and mailed to you.
Our Policy:
Every customer who purchases a Qualifying Product is deemed to be our
customer. We will be in direct contact with the customer for the purpose
of fulfilling the customer’s order. The Affiliate shall refer
all questions, requests and queries regarding our services to us. The
Affiliate does not have the authority to make or accept any offer on
our behalf.
You and 4checks 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. You will not make any statement, whether on your site
or otherwise, that reasonably would contradict anything in these terms
and conditions.
Promotion of 4checks Affiliate Program:
We will make available to you a variety of graphic and textual links,
which you may display as often and in as many areas on your site as
you wish (subject to the terms and conditions herein). You agree to
display on your site, only graphical links that have been provided by
us. All banners must feature the 4checks brand name. You will substitute
such links provided by us from time to time throughout the term of this
Agreement. You will display links prominently in relevant sections of
your site. You can display textual links provided by us or created by
you in the manner outlined herein. Sample copies of text links are available
by e-mailing affiliatemanager@4checks-affiliates.com.
The Affiliate shall not author or issue any announcements or press
releases to the media without sending a copy to affiliatemanager@4checks-affiliates.com
for review. You may only use such material if and when you receive our
written consent.
You hereby agree that your site will not contain any content of our
site or any materials that are proprietary to 4checks.com, except with
our prior permission or materials which are obtained by you via the
4checks Affiliate site in accordance with the provisions hereof or the
policies or instructions thereon.
You agree that your domain name does not and will not contain any of
the following words:
“4CHECKS”, “ARTISTIC CHECKS”, “CHECK GALLERY”,
“CHECK CRAFTERS”, “CLASSIC CHECKS”, “IDENTITY
CHECKS ”, “IMAGE CHECKS”, “LIFE CHECKS”,
“MESSAGE PRODUCTS”, “STYLES CHECKS” and “UNIQUE
CHECKS ”.
Service Interruption and Tracking:
We will make every effort to ensure that our web site is operational
and to track the Affiliate’s referred customers. However, certain
unavoidable technical difficulties may occasionally cause temporary
service and tracking interruptions. The Affiliate agrees that we are
not liable in any way for such interruptions.
References/Testimonials:
The Affiliate agrees to cooperate with us in the development of testimonies
and other such marketing material. The Affiliate grants us unlimited
rights to reference the Affiliate in any and all marketing materials,
without further compensation.
Modification:
We may modify any of the terms and conditions contained in this Affiliate
Agreement at any time at our sole discretion. You will be notified by
e-mail and a change notice will be posted on our affiliate site. Modifications
may include, but are not limited to, changes in the scope of available
commissions, commission schedules, payment procedures and Affiliate
Program rules. If any modification is unacceptable to you, your only
recourse is to terminate this agreement. Your continued participation
in the 4checks Affiliate Program following our posting of a change notice
or new agreement on our site will constitute a binding acceptance of
the change.
Term and Termination:
We have the right to terminate the Agreement at any time, either due
to breach of its terms or otherwise, by notifying the Affiliate through
e-mail. The Affiliate may terminate the Agreement at any time by notifying
us through e-mail. If the Agreement has not been terminated due to breach
of its terms, the final referral fee payment to the Affiliate will be
made to the Affiliate within a reasonable period of time. If the Agreement
has been terminated because of breach of terms by the Affiliate, the
Affiliate will automatically forfeit any referral fees then receivable
or receivable in the future.
I agree to the above Terms
& Conditions of the 4checks Affiliate Program. |