TrafficFile.com Partner Program - Terms and ConditionsThe following are the terms and conditions of participating in the TrafficFile.com Partner Program. Definitions
"Partner" and "the Partner" - refers to yourself
"Sub-Partner" - a Partner that has been referred by Partner.
"Partner Program" - The TrafficFile.com Partner Program
"Sirius Computer Consultants Limited" refers to us, Sirius Computer Consultants Limited, located at Longmead, Mill Lane, Littleworth, West Sussex, RH13 8JU. United Kingdom. This agreement may be revised from
time to time. General
We reserve the right to change these terms and conditions without notice by posting the changes to this Web site. You agree to participate in the Partner Program at your own risk and only for Web sites for which you are authorized to act. You have read our general copyright notice and terms and conditions and you agree to them.
Termination and Cancellation
Sirius Computer Consultants Limited Software holds the right to cancel a partner's account
for any reason if deemed necessary. If the terms of this agreement
were not violated by the referral partner, then payment will be given to the referral partner for any
outstanding commissions if the account is cancelled by Sirius Computer Consultants Limited.
Commissions earned through the date of expiration or cancellation of
this agreement will remain payable only if the qualifying sales are not
canceled or refunded by the referred Customers and the Partner has not
violated this agreement. Payment of the final Commission
payment to the Partner may be withheld for a reasonable time in order to
ensure that the correct amount is paid.
Commision and Payment
Sirius Computer Consultants Limited will pay "Partner" a 40% commission of each qualifying
TrafficFile.com Sale identified by Sirius Computer Consultants Limited as a visitor from Partner's Web site
by using their unique Partner Link. In addition Sirius Computer Consultants Limited will also pay 40% commission on subsequent months sales from that visitor. Sale is total amount of the
sale of the service. Sirius Computer Consultants Limited will pay "Partner" a 10% commission of each qualifying
TrafficFile.com Sale identified by Sirius Computer Consultants Limited as a visitor from a Sub-Partner's Web site
by using their unique Partner Link. In addition Sirius Computer Consultants Limited will also pay 10% commission on subsequent months sales from that visitor. Sale is total amount of the
sale of the service. You agree that we may change both the Partner and Sub-Partner Commision rates upon notice to you. Any change in commision rates will take effect 20 business days after notice to you. Commission
applies only to TrafficFile.com service contained on the regular
product order form and currently does not include any other sale of products or services
made to customer. Partner commission shall be paid by company check every calendar month, approximately
30 days after the end of the prior period. Sirius Computer Consultants Limited reserves the right to modify
the payment schedule from time to time so long as notice is posted to Web
site or via e-mail. If commission does not exceed $40 for prior period, Sirius Computer Consultants Limited holds the right to hold payment until commissions accumulate to $40 or more. All payments will be made in either U.S. dollars or UK Pounds Sterling by company check ( currency as selected by the Partner upon Sign-Up). In the event visitor comes to Sirius Computer Consultants Limited from more than one Partner web site
over a period of time before purchasing, only the first Referring
Partner shall receive the commission. If a qualifying sale is canceled or refunded, the related commission
will be deducted from the next monthly payment . All Referral Partner applications are subject to approval by Sirius Computer Consultants Limited. Both
commercial, personal, and non-profit Sites may apply for this Program. Commissions will be paid for Referred sales for as long as Partner actively
participates in Program and maintains the Referral Link and this agreement
is not canceled by either party. If canceled, outstanding commissions
for current period at time of cancellation shall be paid in the next monthly
payment so long as rules of this agreement were not violated by the Partner.
Referral Link
You'll be issued a "Referral Link", or unique URL, which allows
us to identify visitors from your site as originating from you. These
visitors are tracked via a technology called "cookies". So
long as a visitor has a browser which supports "cookies" (most
do) and they have not disabled this feature, we will be able to identify
the visitor as belonging to you. You may remove or add your link to TrafficFile.com at any time without permission.
To receive Commissions, you must use the provided Referral Link. The link may be in various forms such as a banner, image, or textual
link. Sirius Computer Consultants Limited reserves all rights in or to its trademarks but may be used by Partner
in accordance with this agreement. Partner may in no way display
a TrafficFile.com or Sirius Computer Consultants Limited related logo, image, or trademark which may be distasteful, defame,
or misrepresent its brand. Sirius Computer Consultants Limited has the right to specify how and if a trade mark may be used by the Partner. Partner shall take great care to not misrepresent Sirius Computer Consultants Limited products or services or to advertise them in such a way as to poorly represent the TrafficFile.com brand. Partner is solely responsible for ensuring that their Referral link
is setup properly on their Site. Partner agrees to NOT SEND UNSOLICITED or SPAM mail via e-mail or newsgroups to promote TrafficFile.com. You may post only to newsgroups and forums within the rules of each newsgroup.
Spamming is ground for immediate termination of your account with a cancellation of any pending commissions. You will also be in violation of your Partner agreement and subject to legal action since
spamming can damage the image of Sirius Computer Consultants Limited. Non-Qualifying Sites
The following types of Web sites are NOT allowed to participate in the Partner Program: -
Web sites which promote illegal activity or racism, or which are libelous, defamatory, racist, hate-crime oriented, obscene, abusive, harassing or threatening,
- Web sites which contain viruses or other contaminating or destructive features,
-
Web sites which violate the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity,
- Web sites which provide instructions or discussions about performing illegal activities,
- Web sites that promote or utilize software or services designed to deliver unsolicited email,
- Web sites which otherwise violate any applicable law or that we otherwise deem to be inappropriate.
Disclaimer
Sirius Computer Consultants Limited will make every reasonable effort to track and pay commissions for
all sales that apply to Partner. However, Sirius Computer Consultants Limited is not responsible
for technical problems, Acts of God, acts by third parties, or other events
outside our reasonable control which may temporarily disrupt or diminish
this service. Privacy
To protect Sirius Computer Consultants customer privacy, we cannot provide identifying customer
names and contact information to you. However, we will provide
a report with each Partner payment detailing price, product, date of sale,
and perhaps other data for your records. Independent Contractor
The relationship between Sirius Computer Consultants Limited and Partner established by this Agreement
is that of independent contractors. Sirius Computer Consultants Limited and Partner shall each conduct
its respective business at its own initiative, responsibility and expense,
and shall have no authority to incur any obligations on behalf of the other,
except as otherwise provided herein. Term "Partner"
shall not be interpreted as a legal Partner, simply as an independent contractor
for Sirius Computer Consultants Limited under this agreement. Warranty Disclaimer
Sirius Computer Consultants Limited makes no warranties expressed or implied with regard to the Partner
Program except as outlined in this agreement. Liability and Indemnity
Sirius Computer Consultants Limited shall not be held 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 program, even if Sirius Computer Consultants Limited has been advised
of the possibility of such damages. Sirius Computer Consultants Limited aggregate liability arising under
or with respect to this agreement or the program shall in no event exceed
the total commissions paid or payable by Sirius Computer Consultants Limited under this agreement.
Partner understands that Referral tracking can never be 100% accurate and Sirius Computer Consultants Limited is
not responsible for inaccuracies that might occur beyond its control. Tracking of Referral sales depend on
several factors such as the referred visitor accepting the 'cookie' upon
clicking on the referral link and ordering under the same e-mail address when phoning orders
or using the same browser that they originally used when clicking on the Referral link. It is the
goal of Sirius Computer Consultants Limited to make Referral tracking as accurate as possible, however, Sirius Computer Consultants Limited
cannot guarantee 100% tracking for situations beyond its control. Entire Agreement
This Agreement will be construed and enforced in accordance with the laws of the United Kingdom without regard to its conflict of law principles. This is the entire agreement between us with regard to the Partner Program.
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