This Agreement describes the entire terms and conditions for participation in PHOTOSONIX.com’s Affiliate Program. In this Agreement, the term “Participant” refers to you (the applicant), and “sponsoring website” refers to the website from which you will link to PHOTOSONIX.com. Wherever the Agreement refers to “you” or “your”, it means “the Participant”; “we” or “our” refer to PHOTOSONIX.com/Microfirm, Inc. and the term “product” refers to any products sold via PHOTOSONIX’s Shopping Cart.
If you agree to what you read below, you should select ACCEPT at the end of the online application form you complete in order to enroll as a PHOTOSONIX.com Affiliate. By selecting ACCEPT, you acknowledge your consent to the terms and conditions of this Agreement, your intention to be legally bound by such terms and conditions, and that you understand that and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding. If you do not agree with the terms in this Agreement, do not select ACCEPT, in which case you will not be eligible to become a PHOTOSONIX.com Affiliate.
Participation as a PHOTOSONIX.com Affiliate
To become a PHOTOSONIX.com Affiliate, you will submit a completed Application Form. For timing purposes, you are automatically Accepted as an affilaite. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable.
As a PHOTOSONIX.com Affiliate, we will provide you with one or more links to the PHOTOSONIX.com site which will consist of graphic images and/or text copy. These links will be used by you to connect the users on your site directly to the PHOTOSONIX.com Site. In utilizing the PHOTOSONIX.com links, you agree that you will cooperate fully with us in order to establish and maintain such links.
You also agree that you will display on your site only those graphic images and/or text copy (indicating a link) that are provided by us, and you will promptly substitute such images and/or text copy with any new images and/or text copy provided by us from time to time throughout the term of this Agreement. You may only modify a PHOTOSONIX.com link with our express written consent.
You can add or remove links at any time: You may add as many links to PHOTOSONIX.com, or remove such links, at anytime and without prior approval from PHOTOSONIX.com.
Referral Fee Qualifying Products
PHOTOSONIX’s product line sold by Microfirm, Inc. originating from a special link or links at your sponsoring website qualify to earn you referral commission. For the purposes of this Agreement, a Qualifying Product shall mean when a customer: (i) follows the PHOTOSONIX.com link from your site to ours, (ii) completes the order form, (iii) has a valid billing data as a direct result of the use of the PHOTOSONIX.com link on your site. For example, if a visitor comes to our site once from Site A and then later returns to our site from a link from Site B, all commissions for any resulting sales by that visitor will be paid to Site B. Commissions will only be paid on the PHOTOSONIX’s product line. No commission will be paid if the visitor cannot be tracked by our system.
Referral Fee Amount
Only qualifying products that are sold by PHOTOSONIX.com and for which PHOTOSONIX.com has received full payment will qualify for a referral commission. The total of such sales in any given month will generate referral commission, based upon the applicable flat rate referral commission, according to the following schedule:
- All PHOTOSONIX products in the PHOTOSONIX Shopping Cart: 5%
Referral Fee Payment
Commissions are paid on a monthly basis. Approximately 21 days following the end of each month, we will send you a check for the amount of the commissions earned during the preceding month. If the commissions owing to you are less than $25, we will hold the commissions earned until the next payment period. Occasionally, you may receive a check for a smaller amount when accounts are cleared at year-end.
Returns and Cancellations
If a consumer is refunded their purchase price, the Participant’s referral fee for that sale will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
PHOTOSONIX.com will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use PHOTOSONIX.com secure online ordering process. Order forms, payment processing, cancellations, returns, and related customer service are the responsibility of PHOTOSONIX.com.
All of the rules, operating procedures and policies of PHOTOSONIX.com regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. PHOTOSONIX.com reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales
PHOTOSONIX.com will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in realtime with a special URL that they are assigned.
You are free to promote the link to PHOTOSONIX.com in all the ways we recommend in Affiliate Resource Center after you sign up. Examples of acceptable ways to promote PHOTOSONIX.com are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the PHOTOSONIX.com product on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of PHOTOSONIX.com.
You agree to cooperate with PHOTOSONIX.com in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.
PHOTOSONIX.com policy applies to all orders
Every customer who buys a product through this program is deemed to be a customer of PHOTOSONIX.com. The Participant does not have the authority to make or accept any offer on behalf of PHOTOSONIX.com. All PHOTOSONIX.com policies regarding customer orders, including pricing and problem resolution, will apply to these customers. PHOTOSONIX.com is not responsible for any representations made by the Participant, which contradict our policies.
Product priceing and availability
The price charged for our product sold under this program will be determined by PHOTOSONIX.com according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on PHOTOSONIX.com webpage linked from your sponsoring website.
Website service interruption
PHOTOSONIX.com will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold PHOTOSONIX.com liable for any of the consequences of such interruptions.
Term of the Agreement
The Participant may receive referral payments on qualifying orders that are placed during the term of this Agreement. This term will begin on the date that your application is approved by PHOTOSONIX.com, and shall end when canceled by either party as provided below.
Referral Commissions earned through the date of expiration or cancellation of this Agreement will remain payable only if the orders are not refunded. Issue of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The Agreement may be modified
PHOTOSONIX.com reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, by posting a new Agreement on our website.
Cancellation of this Agreement
Either PHOTOSONIX.com or the Participant, acting in their sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other. This Agreement will terminate automatically upon either party’s breach of this Agreement upon notice to the breaching party. All notices required under this Section shall be in writing, in either print or electronic format. Notices shall be effective upon receipt.
PHOTOSONIX.com makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in PHOTOSONIX.com’s then current Subscriber Agreement, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages
PHOTOSONIX.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or the program, even if PHOTOSONIX.com has been advised of the possibility of such damages. Further, PHOTOSONIX.com’s aggregate liability arising under or with respect to this Agreement or the program shall in no event exceed the total referral fees paid or payable by PHOTOSONIX.com to Participant under this Agreement.
Participant and PHOTOSONIX.com are independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of PHOTOSONIX.com. Subject to the foregoing restriction, this Agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
This Agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles.