PHOENIX WEB SERVICE AFFILIATE AGREEMENT
Please read the agreement document below before
1) Term of the Agreements: The term of this Agreement
will begin upon our acceptance of your Affiliate application and will
end when terminated by either party. Either you may terminate this Agreement
at any time, with or without cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales occurring during the term.
Cause for terminations include:
· Use of unsolicited email/spam to promote the Phoenix Web Service Affiliate Program or Phoenix Web Service services.
· Transmission of any fraudulent personal information or data in violation of any applicable laws or regulations.
If you use spam to promote the service you will be notified that your account has been terminated.
If you or Phoenix Web Service terminates your account ‘without cause’ then you will have the opportunity to cash-out, i.e. any and all commissions outstanding during the agreements term will be paid. If the amount owed is below $25, $5
check processing fee will be assessed. ..
2) Commission Payments:
We will pay $25 commission (net of all due taxes) after 90 days that an
affiliate sale of our pacakages above the standard package is active.
Payments will be made on the first of every month and sent in the form of a check payable to the “name” as described in the application form.
You are held responsible for your own tax liabilities in relation to this payment.
The minimum payment level is $25.
Accounts owing under this figure will be carried forward to the next sales period until commissions have accumulated to the $25 threshold.
Commissions against sales that are rejected upon card authorization or
otherwise refunded upon or charge backed will be deducted from your following commission payment.
If you are a current Phoenix Web Service customer, you may have the affiliate
payment credited to your account directly.
3) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice all affiliates who have not opted out of receiving email notifications will also receive an email notification.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
Any changes or modifications made will be in ‘good faith,’ the agreement will not be altered to purposely avoid paying affiliates due commissions.
Any substantive changes, i.e., change of commissions will be made with at least 14 days notice by email and onsite update of agreement.
Notification of all changes will also be broadcast in an email message to all affiliates providing you have not opted out of receiving further communications from us.
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.
4) 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 Phoenix Web Service Affiliate Program,
even if we have been advised of the possibility of such damages. Further, our
aggregated liability arising with respect to this Agreement and the Phoenix
Web Service Affiliate Program will not exceed the total referral fees paid or payable to you under to this Agreement.
5) Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
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 PHOENIX WEB SERVICE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY
RESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
6) Miscellaneous: This Agreement certifies that the Phoenix Web Service’s
services and products meet the legal requirements of the United States.
This Agreement shall be deemed to be made in the State of New Jersey
and shall in all respects be interpreted, construed, and governed by and
in accordance with the laws of the State of New Jersey, exclusive of the
laws relating to conflict of laws. 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 that parties and their
respective successors and assigns. Our failure to enforce strict performance
of any provision of this Agreement will not constitute a waiver of our right subsequently enforce such provision or any other provision of this Agreement.