Affiliate: Terms & Conditions agreement
General Terms/Conditions - TheEliteWater Affiliate Agreement
Applicant/Enroller is of legal age in the state, which she/he resides and is at least 18 years of age.
This Agreement contains the complete terms and conditions that apply to an individual or entity’s participation in the TheEliteWater Affiliate Program (the “Program”). As used in this Agreement, “we” means TheEliteWater, and “you” means the applicant. “Site” means a World Wide Web site and, depending on the context, refers either to TheEliteWater’s site located at the URL www.TheEliteWater.com, or to the site that you will link to our site (as identified in your enrollment).
1. Enrollment in the Program To begin the enrollment process, please obtain the correct Id by enrolling with www.PayDotCom.com. We will evaluate your enrollment and/or application in good faith and may notify you of your acceptance or rejection. We may reject your enrollment/application if we determine (at our sole discretion) that your content or Web site is unsuitable for the Program. We reserve the right to refuse service to any individual or entity.
Unsuitable content or Web sites include those that:
Promote illegal activities to Include “TheEliteWater” or variations or misspellings thereof in their domain names Otherwise violate intellectual property rights. If we reject your enrollment/application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2. Links on Your Site Once you have been notified that your site has been accepted into the Program, you may provide a general link on your site to our home page at http://www.TheEliteWater.com. We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, PayDotCom.com or another entity we will provide you with special “tagged” link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.
3. Order Processing We will process product orders placed by customers who follow special links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and PayDotCom.com will make available to you reports summarizing this sales activity.(see www.PayDotCom.com ’s website for details)
4. Referral Fees We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the Product using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us. You may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any “rewards” program for persons or entities who use Special Links on your site to access our site); or (b) post any Special Links on any Web site or other platform that is accessible through any Internet Access Appliance. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted Special Links on any such Web site or platform, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Referral Fee Schedule You will earn referral fees based solely on the sale of TheEliteWater service(s) and or product(s). The current referral fee(s) schedule is from 25% up to 50% (for TheEliteWater) commission on each individual TheEliteWater sale originated by you from your affiliate Website (Level One). Commissions are paid on a recurring basis via PayPal.com or other means posted at TheEliteWater.com.
6. Referral Fee Payment Affiliate commissions are made available every 30 days or sooner via PayPal.com and are typically paid out within 15 days of the previous month’s activity. All payments shall be made in U.S. dollars. TheEliteWater reserves the right to hold commission checks until commission payout is $25 or more. In the event that the commission check is less than $25, that commission amount will be added to the next month’s commission total. The PayDotCom.com fees are automatically processed with each order originated by you.
Check payment. TheEliteWater.com Affiliates are to Only use www.PayPal.com to receive commissions due.
7. Policies and Pricing Customers who buy services and/or products through this Program will be deemed to be customers of TheEliteWater. Accordingly, all TheEliteWater rules, policies, and operating procedures will apply to those customers. We may change our policies, operating procedures and prices at any time.
8. Identifying Yourself as an Affiliate www.PayDotCom.com will make available to you an affiliate link to our products and/or services available with a unique URL that identifies you as a Program participant. In order to be credited for a TheEliteWater sale, your visitors must enter TheEliteWater.com via your Affiliate URL. These visitors will be tracked with your id and you will be credited for any sale associated with those visitors. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that TheEliteWater supports, sponsors, endorses or contributes money to any charity or other cause). As an affiliate, you agree not to send any spam email to announce your TheEliteWater affiliation. This action will result in your immediate termination and will cancel any pending commissions that may be pending.
9. Limitations on Use
The following activities are strictly prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from TheEliteWater.com site. TheEliteWater.com can detect the use of these systems through live log file analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check TheEliteWater.com links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to interfere or attempt to interfere with any of the site functionality;
d. Take any action that imposes an unreasonable or disproportionately large load on the site infrastructure;
e. Use any email addresses appearing on the site for purposes not relating specifically to the site;
f. Access the Site by any means other than through the page(s) that is provided by ThEliteWater.com, or attempt or access any area of the site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
10. Third Party Interaction. In Your use of the Site, You may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors offering their goods and/or services on the Site.
Any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between You and the applicable third party. You agree that TheEliteWater has no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third party.
11. Limited License We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
12. Term of the Agreement The term of this Agreement will begin upon our acceptance of your Program enrollment/application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause. Upon the 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 TheEliteWater 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. You are only eligible to earn referral commissions on TheEliteWater sales during the term, and referral fees earned through the date of termination will remain payable only if the related sales are not canceled or returned or rules of this agreement were not violated by you. We may withhold your/any final payment for a reasonable time to ensure that the correct amount is paid.
13. 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 or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. 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.
14. Relationship of Parties You and we 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 this Section. As an independent contractor, you are responsible for your own local, state, or federal taxes.
15. 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
16. Disclaimers We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a 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. You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause TheEliteWater.com and/or TheEliteWater.com’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any enroller/applicant/subscriber or end-user, may be enforced by TheEliteWater.com, and/or any of TheEliteWater.com’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
17. Intended Audience. TheEliteWater controls and operates this Service in Cyberspace and makes no representation that the Contents are appropriate or will be available for use in other locations. If You use any of the Services, You are entirely responsible for cyberspace compliance with applicable local laws, including but not limited to the export and import regulations in cyberspace of other countries in relation to the Contents. Unless otherwise explicitly stated, all marketing or promotional materials found on this Service in Cyberspace are solely directed to individuals, companies or other entities.
User Conduct: The Site may contain video/audio/text chat, bulletin board services, news groups, forums, and/or other message or communication facilities (”Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through TheEliteWater.com and/or associates (if any) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. TheEliteWater.com has a ZERO tolerance for spamming. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of TheEliteWater.com nor its affiliates (if any), not any of their officers, directors, employees, or agents. You acknowledge that TheEliteWater.com does not pre-screen all content, but TheEliteWater.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, TheEliteWater.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that TheEliteWater.com is not responsible for any content sent using and/or included in the Site by any third party.
18. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
19. Arbitration
In the event that a user of TheEliteWater program feel they have a grievance against TheEliteWater or associates with respect to TheEliteWater system(s), such user agrees to first express such grievance to TheEliteWater or associates by contacting via e-mail at; emailgoldlife [AT] yahoo.com?subject=GRIEVANCE with the intention of coming to an equitable solution. In the event that such a solution is not forthcoming, the user agrees to resolve the situation through arbitration related to these Terms. If TheEliteWater files a Claim, TheEliteWater shall pay all the costs. If you file a Claim you agree you shall be liable for the amount charged for arbitration. You agree to the jurisdiction of arbitration to be located in Pinal County, in Arizona State, for the resolution of all disputes arising from or related to these Terms and/or Your use of the Service.
If any provision of these Terms is held by cyberspace competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TheEliteWater to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TheEliteWater in writing. A printed version of this agreement and any notice given in electronic form shall be admissible in proceedings based upon or relating to this agreement to the same extent and subject to the same condition as other business documents and records originally generated and maintained in printed form. These Terms comprise the entire agreement between You and TheEliteWater and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. No modification of these Terms shall be effective unless such modification is made in writing by TheEliteWater and refers explicitly to the Terms of Use.
20. 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. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
All pages on TheEliteWater.com web site are in the jurisdiction of cyberspace 2008.
Rev. August 7,2008
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