Contrat d'Affiliation GSM-SPY
For the entity or individual executing this Agreement (the "Affiliate") and
I-SPY Net-Promotion SA, 4, rue du Temple-Neuf CH-2000 Neuchâtel Switzerland. To
participate in the Program described in this Agreement ("Program"), Affiliate
must agree to the terms and conditions of this I-SPY Affiliate Agreement (the
"Agreement"), by checking the "Yes, I agree with the above terms and
conditions." and click "Submit"; in so doing, Affiliate has thereby submitted
its application to become an Affiliate in the Program, on the terms and
conditions set forth herein. If I-SPY accepts this Agreement, it will notify
Affiliate and Affiliate will be bound by the terms of this Agreement. Affiliate
must carefully review this Agreement prior to checking the "Yes, I agree with
the above terms and conditions". If Affiliate does not wish to apply to become
an Affiliate in the Program or does not accept the terms of this Agreement, then
Affiliate should not check the "Yes, I agree with the above terms and
conditions." and should not participate in the Program. All capitalized words in
this Agreement are defined terms having the meanings set forth in the
Definitions section or as otherwise set herein.
Affiliate wishes to participate in the Program and I-SPY wishes to allow
Affiliate to participate in the Program subject to the terms, limitations and
conditions of this Agreement. This Agreement sets forth the respective rights
and obligations of the parties in connection with the Program. The Program
allows Affiliate to market, advertise and promote the sale of a I-SPY software
product, using I-SPY proprietary software, technologies and related services,
and to share in revenues from such sales as provided herein. Affiliates will
market I-SPY products and CCBill.com manages the processing of the payments to
Affiliate, as provided herein.
2. AFFILIATE'S RIGHTS AND OBLIGATIONS
Restrictions on Affiliate Marketing Efforts. Notwithstanding the foregoing,
(a) Will not engage in any activity that in any way may mislead or deceive any
actual or prospective Customer or which may otherwise be considered to be
deceptive, fraudulent, in bad faith or constitute false advertising.
(b) Will not post Links or Collateral Materials in any electronic media through
which Affiliate cannot maintain control, including but not limited to, chat
rooms, newsgroups, banner networks, message boards, Internet relay chat
channels, Spam or other unsolicited email.
(c) Will only receive Compensation in connection Sales to Customers which are
completed via Affiliate's Link.
3. PAYMENT TERMS
(a) Payment to Affiliate. Any Compensation paid to Affiliate is paid by
CCBill.com by check or bank wire transfer.
(b) Chargeback. In the event that a refund and/or Chargeback is received on a
sale that was previously credited to the affiliate, the affiliate's month to
date Commissions in the current month, will be reduced by the Commission amount
originally received when the sale occurred. Chargebacks that increase after the
month that the Affiliate has received Compensation, I-SPY will compute these
Chargeback as charges against any future Compensation owed to Affiliate.
Affiliate will be liable for any outstanding negative balances which arise out
of Chargeback related to Affiliate's Sales.
4. TERM AND TERMINATION
(a) Term of Agreement. The term of the Agreement begins on the Effective Date
and shall continue until terminated in accordance with its terms.
(b) Termination of Agreement. I-SPY may terminate this Agreement at any time
with or without cause, upon giving Affiliate written or emailed notice of
termination. Termination will take effect 60 days from the date of the
termination notice to provide the affiliate sufficient time to change any
scheduled marketing activities and to ensure all pending affiliate cookies are
expired that have resulted in said Affiliate's marketing efforts.
(c) Breach of Agreement. If Affiliate is in breach of any provision of this
Agreement, I-SPY shall have the right to immediately terminate this Agreement
upon written or emailed notice to Affiliate with no notice period, in addition
to any other rights or remedies available to I-SPY at law or equity.
(d) Upon termination, Affiliate will promptly cease use of any and all Links and
Collateral Materials provided to the affiliate within the terms of the notice
period. If termination is due to breach of agreement, Affiliate will immediately
cease all Links and Collateral Materials provided to the affiliate.
(ii) Affiliate will receive Compensation which accrued during the notice period
and continue up to the expiration of notice period. In the event of termination
due to breach of agreement, affiliate will not receive compensation for any
sales that occur from the date of termination.
(iii) Any amounts or liabilities owed by Affiliate to I-SPY o shall survive the
termination of the Agreement. Affiliate shall pay such amounts in full no later
than thirty (90) days from the termination date.
(iv) The foregoing remedies are non-exclusive and I-SPY reserves its right to
pursue any other remedies that may be available at law or equity. All other
provisions of this Agreement that are intended to survive the termination of
this Agreement in whole or with respect to a particular Seller or certain
products of a particular Seller, shall survive.
Affiliate will defend, indemnify, and hold harmless I-SPY, its subsidiaries,
parent companies, affiliated companies, successors, assigns, distributors,
agents, suppliers and their employees, contractors, officers, agents, and
directors from all liabilities, claims, losses and expenses, including
attorney's fees in connection with any claim, demand, allegation, accusation or
action based upon, resulting from or related to Affiliate's alleged (i)
intentional act, omission or misrepresentation (ii) violation of law; (iii)
breach of its obligations, representations or warranties under this Agreement;
or (iv) that arise from Affiliate's activities under this Agreement or
participation in the Program.
Merci de recopier le numéro qui apparait ci-dessus:
Votre inscription devra etre approuvée par les Administrateurs, si acceptée, vous recevrez la confirmation d'activation par e-mail.