Affiliate is an independent contractor and no partnership or agency will be formed by this Agreement.
Sub-Affiliate is referred to in this agreement as an Independent Contractor for Firetrust Limited referred by Affiliate. Affiliate is responsible for paying his/her own taxes on any revenue that is generated from participation in this program.
Affiliate is not permitted to register for the Firetrust Affiliate Program more than once, (whether directly or indirectly through associates, employees, agents or by any other means) and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement. Affiliate understands that Firetrust monitors all Affiliate registrations and orders, and agrees that Firetrust Limited may terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.
In this agreement Websites means www.firetrust.com and www.mailwasher.net
Referral fee payments
Returns and Cancellations
No spam or offensive behaviour!
No misuse of trademarks or copying
Service interruption and tracking
References and testimonials
Breach of agreement
Term and termination
Governing law and jurisdiction
Purchase of products and services by Affiliate's referred customers directly from a link on Affiliate's website and/or emails will earn Affiliate a referral fee equal to 50% of the sale price (excluding taxes). Purchase of products and services by Sub-Affiliate's referred customers directly from Sub-Affiliate's website and/or emails will earn Affiliate a referral fee equal to 10% of the sale price.
REFERRAL FEE PAYMENTS
Subject to the terms of this Agreement, Firetrust Limited will pay by PayPal www.paypal.com the referral fee payment in U.S. dollars for the applicable referral fees within the first week of each calendar month for the previous month's referral fees provided the referral fees are at least $40. If the total referral fees are less than $40, no payment will be made that month and will be carried forward to the next month. An online statement of customer purchase activity is available to Affiliate.
RETURNS AND CANCELLATIONS
If a refund is requested by Affiliate's customer and/or Sub-Affiliate's customer for any product or service, the corresponding referral fee will be deducted from Affiliate's next monthly referral fee payment. The referral fee becomes immediately due to Firetrust if Affiliate does not earn any commission in the month following refund.
Prices of our products may be changed at any time, solely at our discretion, by posting the revised prices on our Websites or by informing Affiliate through email. Affiliate acknowledges that the changes in our prices will change the referral fees earned by Affiliate.
NO SPAM OR OFFENSIVE BEHAVIOUR!
Affiliate may not engage in spamming, indiscriminate advertising or unsolicited commercial e-mail or cybersquatting.
Affiliate may not operate a website or link to a website that contains or promotes any offensive, defamatory, obscene, abusive, violent, illegal or unlawful content or activity or that offers any illegal good or service.
Without limiting any terms of this Agreement, Firetrust reserves the right to terminate Affiliate's account and withhold all referral fees due if it finds any kind of unsolicited email generated by Affiliate or on Affiliate's behalf containing any reference to any product created or sold by Firetrust, the Websites, or any connection that leads the recipient of that mail to the Websites.
Commercial advertisements are unwelcome in most discussion groups and on most mailing lists. Inappropriate posting may result in the suspension or cancellation of your account. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Affiliate must comply with all relevant laws during the term of this Agreement.
Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
Affiliate may not put all or any part of our Websites in frames under any circumstances.
Affiliate must do nothing to prevent the receipt of email correspondence from Firetrust.
Affiliate must immediately notify Firetrust of any change in the Affiliate's email address.
Affiliate indemnifies and holds harmless Firetrust for all costs (including solicitor/client costs), expenses, damages, loss of profits and liabilities incurred as a result of any claims, demands or actions based on or arising from the Affiliate's promotion or marketing of Firetrust's products and services or from the Affiliate's breach of these terms and conditions.
Affiliate may provide a link from referring websites to the www.firetrust.com and/or www.mailwasher.net websites and earn referral fees as outlined above. Affiliate may not display the Firetrust name, image, or link in any way that may defame or denigrate the Firetrust name, brand or trademarks.
Affiliate may not link to the Websites from a referring website which promotes spam or other offensive or unlawful behaviour.
NO MISUSE OF TRADEMARKS OR COPYING
Affiliate may not engage in passing off, reverse passing off, or any other misleading conduct. Without limiting this clause, Affiliate may not represent that it owns or created any of Firetrust's products. Affiliate may not use any of Firetrust's trademarks or similar trademarks in any business or product name or in a domain name. In the event that Affiliate breaches this clause, all use of the trademarks shall accrue to Firetrust and Affiliate shall immediately transfer any registrations or similar to Firetrust or its nominee.
Affiliate may not use any of Firetrust's trademarks or similar trademarks when engaging in paid advertising on search engines.
Affiliate may not copy any of the text or logos appearing in the Websites, except with Firetrust's prior express written authorisation.
Affiliate must comply with any directions or specifications regarding the use of Firetrust's trademarks that Firetrust may issue from time to time.
SERVICE INTERRUPTION AND TRACKING
Firetrust will make all reasonable efforts to ensure that its Websites are operational, to track Affiliate's referred customers and to credit Affiliate for sales generated through Affiliate's referral link. However, unavoidable technical difficulties may occasionally cause service and tracking interruptions. Affiliate agrees that Firetrust is not liable in any way for such interruptions. Firetrust will not be liable or responsible for payment of referral fees for any sales that cannot be tracked.
REFERENCES AND TESTIMONIALS
Affiliate will cooperate with Firetrust in the development of press releases, testimonies, and other such marketing materials. Affiliate grants Firetrust unlimited rights to refer to Affiliate in any and all marketing materials, without further compensation.
BREACH OF AGREEMENT
Firetrust may suspend or terminate (at its sole discretion) this Agreement immediately and without any prior notice if Affiliate breaches any term of this Agreement.
Firetrust will not be deemed to have waived any right under this Agreement unless the waiver is in writing and signed by Firetrust. A failure by Firetrust to exercise or delay in exercising any right under this Agreement will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in this Agreement.
TERM AND TERMINATION
This Agreement will remain in effect for as long as Firetrust makes the service available, unless the Agreement is terminated:
(a) by either party due to breach of its terms by the other party; or
(b) by either party giving written notice to the other that it wishes to terminate the Agreement.
In the event of termination:
(a) Firetrust may withhold the final referral fee payment to Affiliate for a reasonable time in order to ensure that the correct amount is paid to Affiliate.
(b) Affiliate must remove all links to the Websites.
(c) Affiliate must remove all statements and representations to the effect that the Affiliate is an affiliate of Firetrust or otherwise associated with it.
Firetrust reserves the right to change any of the terms of this Agreement, at any time and at its sole discretion, by posting a new agreement on the www.firetrust.com website and/or notifying Affiliate via email.
The amended Agreement becomes effective from the date that it is first posted to the website or notification is emailed to the Affiliate (whichever occurs first).
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of New Zealand. This Agreement is subject to the exclusive jurisdiction of the New Zealand courts, and this provision is included for the benefit of Firetrust. Firetrust may, at its option, waive this provision and this provision does not preclude Firetrust from undertaking, initiating or enforcing proceedings in any other jurisdiction.