Policy - Terms of Use for Affiliate Program
- 25/05/2012 8:07 AM
Terms of Use for Affiliate Program:
To be an Affiliate of eApps Hosting (EAPPS), you agree to abide by the terms of this agreement.
1. Agreement
This eApps Affiliate Agreement (AGREEMENT) establishes a relationship between us so that you may refer customers to EAPPS for Cloud hosting and related services. This AGREEMENT also defines our respective rights to use each other’s name, logos, and other proprietary and confidential information in our marketing efforts.
2. Marketing/Publicity
You may use only the resources made available to you in the eApps Affiliate program for marketing and publicity purposes unless other arrangements are made with and approved by EAPPS. You may not use EAPPS name or marketing materials in any bulk email whatsoever without prior written approval by EAPPS. Any marketing activities you undertake will be at your sole expense.
3. License to Use Resources
The eApps Affiliate Program contains resources, including but not limited to a private URL, banners and graphics, and marketing collateral. These resources are to be used only in conjunction with the Affiliate Program by members in good standing of the Affiliate Program. Resources can not be altered in any way without the written approval of EAPPS. Violations of these terms of use are grounds for immediate dismissal from the program as well as being subject to other remedies under copyright law.
4. Lead Registration
Leads can only be registered using your private URL which is available in the Affiliate Program section of the Customer Portal. Customer signups that did not come through your private URL are not eligible for commissions.
5. Commissions
EAPPS will pay ongoing commissions of 10% of the actual payments made to EAPPS by the referred customer. Your Affiliate account will track and record available commissions in the Affiliate area of the Customer Portal. You must request payment of available commissions in the form of a credit to your EAPPS account, a check, or other agreed upon payment methods. In the event that EAPPS must refund a portion or all of any payments to the referred customer, you are obligated to forfeit and return to EAPPS commissions paid on the refunded amounts. EAPPS may modify the commissions terms at any time, with a thirty (30) day notice to you.
6. Non-solicitation
You agree that during the term of this AGREEMENT (initial term plus renewal terms) and for twelve months following the expiration or termination of this AGREEMENT, you will not solicit any person or organization that you referred to EAPPS unless EAPPS has failed to meet its obligations to the referred customer.
7. Trademark Protection
EAPPS retains all rights to its logos, graphics and marketing resources under existing trademark and copyright law. Any and all use of the EAPPS trademarked and copyrighted intellectual property resources is a limited, non-exclusive, non-sublicenseable, and non-transferable license. You agree to use reasonable care to protect EAPPS intellectual property resources.
8. Representations and Warranties
You agree that all information you provide to EAPPS under the Affiliate Program is correct, complete and accurate.
9. Disclaimer of Warranties
Any service provided by EAPPS to customers referred by you is subject to the same Hosting Agreement that applies to all EAPPS customers. The Hosting Agreement can be found at http://support.eapps.com/policies/hosting-agreement. Participation in the Affiliate program confers no additional representations or warranties for the services offered by EAPPS.
10. Notices
You must maintain a valid email address as all notices related to this agreement will be sent to that address.
11. Compliance with US Federal Trade Commission (FTC) Guidelines
You agree to comply with FTC Guidelines regarding your endorsement of the eApps Hosting service. These guidelines basically require you to disclose that you have a "material connection" with eApps any time you offer an endorsement or testimonial about the eApps services. The FTC Guides Concerning the Use of Endorsements and Testimonials can be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf. For information to help ensure that you are complying with the guidelines see the following FTC publications.
• Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf)
• The FTC's Revised Endorsement Guides: What People are Asking (http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking)
12. Termination
We reserve the right to terminate your affiliate account if you violate any of the terms of this agreement or if we determine in our sole discretion that your participation is unsuitable for the Affiliate Program for any reason, including, but not limited to, if your application is incomplete or contains erroneous data, your site contains images or content that is illegal, defamatory, obscene, harassing or otherwise objectionable, your site promotes illegal activity or violence, or your site promotes copyright infringement.
13. Governing Law
This AGREEMENT shall be governed by the laws of the State of Georgia, and the laws of the United States as applicable.