osCommerce
is one of the most popular and fastest
growing
ecommerce
packages available today. There are many, many clones of it but none
can match the simplicity and ease of use of the original. To learn more about using the
wonderful osCommerce package as an eCommerce Solution, just
click here!
These terms and conditions about our Affiliate Program is made by and
between osCommerce Solutions and its Affiliates. By participating in our
Affiliate Program you agree to the following terms and conditions. We
reserve the right to modify or change the below terms and conditions
at any time.
1) Enrollment in the Affiliate Program
You need to submit our Affiliate application by signing up. By
completing the application, you authorize that you have read and
accept this agreement. Once the application is completed, you may
create links and place our banners at your web site as long as you do
not violate and of our terms and conditions. If we feel your web site
is unsuitable for this Affiliate Program, we may reject your
application at our sole discretion. By participating in the Affiliate
Program you promise that your web site does not any of the following:
Promote or offer spy-ware.
Promote sexually explicit materials or violence.
Promote discrimination based on sex, religion, race, nationality, disability, sexual orientation, or age.
Promote illegal activities.
2) Terms of Agreement
The term of this agreement will begin at the time we accept you as an
Affiliate Partner and will end when terminated by either party.
3) Affiliate Responsibilities
You are responsible to place our links onto your web site. You have
sole responsibility for the development, operation, and maintenance of
your site. You must ensure that all materials posted on your site are
not illegal and do not infringe on the rights of any person or entity
of any kinds. We disclaim all liability for all materials on your
site.
4) Our Responsibilities
We at OSCommerce-Solution are responsible to provide our Affiliate Partners
with all the necessary information to allow you to choose appropriate
banners and links. We will be responsible for:
Processing all orders placed by a customer following a link for your site. We reserve the right to reject orders that do not comply with any requirements. For example: A customer from Singapore orders a Coffee Machine with a total sales amount of $999.99. He/She provides us with several different credit cards to pay with. We simply cannot take the risk to loose $999.99.
Tracking the volume and amount of sales that were generated by your web site.
Providing information regarding statistics. Our order processing obligations will include order entries, payment processings, shipping, cancellations, returns and related customer service. Sales transaction data will be provided regularly, and reflects data through the previous day.
5) Commission Payouts
Sales of osCommerce Solutions will qualify for a commission when the
following conditions are met:
Products are sold by us
Products are purchased by users linking to our web site through a banner, link, or ad
Products are shipped by us
We have received full payment
Commission rates will be a minimum of the displayed percentage of net
sales for qualifying purchases.
Commission rates will be based on the aggregate amount actually paid
to osCommerce Solutions for qualifying purchases, excluding amounts
collected by us for sales taxes, duties, shipping, handling, and
similar charged.
The commissions paid under this agreement are for use by you only and
may not be transferred or in any manner passed on to any third party
unless expressly authorized in writing by us. When the total
commissions due to you exceed $50.00, we will send a payment via
PayPal for the applicable amount. Commission payments will be sent
shortly after the end of every month. If your balance is below $50.00,
we will roll over the balance to the next month.
6) Reports of Sales/Order Processing and Tracking
You will choose a password to allow you entering to our Affiliate
reporting site which is
https://www. osCommerce Solutions /affiliate_affiliate.php . This site will
allow you to review your sales statistics, which will be updated
regularly, reflecting data through the previous day.
7) Policies/Pricing/Product Descriptions
All customers that purchase our products through the Affiliate Program
will be deemed our customers. All rules, policies, terms and
conditions, and operating procedures concerning customer orders,
customer service, and osCommerce Solutions sales will apply to those
customers. We reserve the right to change our policies including
pricing, at any time. We solely will determine the prices to be
charged for our products sold under the Affiliate Program in
accordance with our own pricing policies.
Prices and availability of our products may vary from time to time,
and the availability and price of any particular products can not be
guaranteed. YOU MAY NOT PLACE INDIVIDUAL PRODUCT PRICING OR LOGOS,
IMAGES, OR DESCRIPTIONS RELATED TO PRODUCTS ON YOUR SITE WITHOUT OUR
EXPRESS PRIOR WRITTEN PERMISSION.
8) Publicity
You are not allowed to create, publish, distribute, or permit any
material that makes reference to us or uses our name or any of our
trademarks without first submitting such material to us and receiving
our written consent.
9) Limited License
We grant you a non-exclusive, non-transferable, revocable right to
access our site through the links solely in accordance with the terms
of this Agreement, for the sole 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 membership in the
OSCommerce-Solution Affiliate Program. You may not alter, modify, or change the
links in any way without written permission from us first. You are
only entitled to use the links to the extent that you are a member in
good standing of the osCommerce Solutions Affiliate Program. We may revoke
your license anytime by giving you written notice.
10) Term of the Affiliate Operating Agreement
The terms of this
Agreement will begin upon acceptance of your application. This
Agreement shall commence on the date of approval of your Affiliate
Program application and shall continue thereafter in full force and
effect until terminated at any time by either party by giving the
other party written notice of termination. Said written notice shall
include notification by email. 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
osCommerce Solutions
store 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.
11) Modification
We may modify any of the terms and conditions of this Agreement at any
time. You will be notified by email and/or a change notice will be
posted on our site. If the modifications are unacceptable to you, your
only recourse is to terminate this Agreement. Your continued
participation in this Affiliate Program after a change notice has been
posted will constitute binding acceptance of the change.
12) Relationship of Parties
You and osCommerce Solutions 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.
13) Disclaimers
We make no express or implied warranties or representations with
respect to the our websites or our 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.
14) Representations and Warranties
You hereby represent and warrant to us as follows:
This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms. The development, operation,
and contents of your site do not infringe upon the copyright,
trademark, or any other right of any person or entity.
15) Confidentiality
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 or you,
respectively, 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 such party hereto or its
affiliates.
16) 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 AFFILIATE NETWORK, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL
NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS
AGREEMENT.
17) 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 websites that are
similar to or compete with your website. You have independently
evaluated the desirability of participating in the
osCommerce Solutions Affiliate Program and are not relying on any representation,
guarantee, or statement other than as set forth in this Agreement.
18) Anti-Spam Policy
Spam is the sending of unsolicited e-mails or web forum postings.
Affiliates will be removed from our Affiliate Program and forfeit any
pending commissions if they are caught spamming. Spamming is not
allowed and will not be tolerated. You are required to adhere to the
principles laid down in the CAN-SPAM act of the United States
Communications Act. We further request that you maintain a rigid
policy of opt-in email lists. In addition, you will be liable to
osCommerce Solutions for any and all damages that
osCommerce Solutions suffers
as a result of such actions. You will also be responsible for
returning to osCommerce Solutions all commissions received for such
purchases.
19) Spy-ware
We will refuse all applications or signups from affiliates which we
believe participate in spy-ware, ad-ware or parasite-ware techniques
for driving traffic. We reserve the right to research and investigate
affiliates and their activities and, at our own discretion, determine
whether or not these practices are in place. Affiliates found in
violation of this policy will be immediately terminated from the
program and will forfeit all commissions. In addition, you will be
liable to osCommerce Solutions for any and all damages that osCommerce Solutions
suffers as a result of such actions.
20) Fraud
If you commit fraud or falsify information in connection
with the purchase of products at osCommerce Solutions through the links on
your site, this Agreement will be terminated immediately. In addition,
you will be liable to osCommerce Solutions for any and all damages that
osCommerce Solutions suffers as a result of such actions. You will also be
responsible for returning to osCommerce Solutions all commissions received
for such purchases.
We are here to help with all of your oscommerce or ecommerce questions. Please
feel free to call us at 734-542-1916 or
click here
to email us.
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