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If you have any questions regarding the
agreement below, please don't hesitate in letting us know.
For quickest results please email us:
affiliates@MainScale.com
Affiliate Agreement
This Agreement contains the terms and conditions
that apply to a participant in the MainScale affiliate program
(the "Program"). As used in this agreement, "we"/"our"/"us",
means MainScale and "you"/"your" means the "affiliate/applicant",
"site" refers to a World Wide Web site.
To begin the enrollment process, you will
submit a complete Affiliate Application form. We will evaluate
your application in good faith and will notify you of your
acceptance or rejection, usually within 24 hours. (you can
re-apply at any time). We may reject your application if we
determine, in our sole discretion, that your site is unsuitable
for the Program. Unsuitable sites include, for example, sites
that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation
or age
- promote illegal activities or violate
intellectual property rights
- or from applicants who we prefer not
to be associated with
We grant you a non-exclusive, revocable
right to use our present banners and other such images for
which we grant express permission, for the purpose of identifying
your site as a program participant and linking to our site.
You may not modify the banners or any of our images in any
way without our express permission.
We reserve all of our rights to our trade
names and trademarks and all other intellectual property rights.
Unprofessional Conduct
MainScale.com and its associated companies
operate with the strictest codes of professional conduct.
Any Affiliate who brings MainScale.com or its associates into
disrepute, or who promotes any form of slander, racism, or
unfair business practices, will have their Affiliate status
canceled and any outstanding commissions WILL be forfeited.
We reserve the right to reject any affiliate
application if in our opinion, that person or company violates
established laws or commonly held standards of decency.
An affiliate who ignores warnings to cease
and desist any activities we deem negligent, inappropriate,
or harmful to MainScale and or other affiliates will be terminated.
Order Processing
We will be solely responsible for processing
every order for our products. Customers will use our secure
online ordering process. Order forms, payment processing,
cancellations, and related customer service are our responsibility.
All of our rules, operating procedures and
policies regarding customer orders and accounts will apply
to orders we receive through special links on your site. We
reserve the right to reject any order that does not comply
with our rules, operating procedures and policies.
Every customer who buys a product through
this program is deemed to be a customer of ours. You do not
have the authority to make or accept any offer on our behalf.
All our policies regarding customer orders, including product
availability, pricing and problem resolution, will apply to
these customers. We are not responsible for any representations
made by you which contradict our policies.(See "Policies/Contact"
link at bottom)
** You CAN order our services for your OWN
PERSONAL USE through YOUR affiliate link! (This, in effect,
gives you a 20% "discount"!)
Tracking of Sales
We will be solely responsible for tracking
sales we make to customers who follow links from your website.
We use AffiliateShop.
Statements of your sales activity will be
available to you in "realtime" with a special URL that we
assign to you. Accessible 24 hours per day and 7 days per
week. You may access these stats via a password and username
we assign.
Only two entities may access your stats
and affiliate information. That would be you, and us (MainScale.com).
Links
We will provide you with a unique identifying
URL for you to link to. Each sale or referral that is generated
from this URL will be attributed to you. You will have access
to your own private section to check your stats in Real Time.
Your links to the unique URL can be text links or banner links,
or a combination of the two, at your sole discretion. If you
choose banner links, you must use our banners. We will provide
you with a URL of all our banners, from which you can freely
choose. You may add as many links to MainScale, or remove
such links, at anytime and without prior approval from us.
** Inactive affiliates will be removed from
participation in the Program. Inactive means little or no
"click-throughs" via your banner/text links, as monitored
via our affiliate program administrative panel, for a period
of sixty (60) days. And/or, non-placement of affiliate banners/text
ads. We will contact you after thirty (30) days of "inactivity".
Efforts will be made to help and encourage your participation
in the Program.
We will provide you with instructions on
how to properly format the links. You are responsible for
ensuring the links are formatted correctly. This will ensure
accurate tracking of sales for credit to your account. Every
effort will be made to ensure that our site is functional
and available for customers referred to our site through your
"affiliate link".
We have NO responsibilities with regard
to your site. MainScale.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. In addition, MainScale.com
Ink's aggregate liability arising under or with respect to
this agreement or the program shall in no event exceed total
referral fees paid or payable to the affiliate under this
agreement.
Commission and Payment
We will pay you 20% of any and all purchases
made by a customer referred by your "affiliate link" through
our banners or text links (Not including any applicable sales
tax and shipping charge).
Minimum amount for payment is fifty dollars
($50). Any amount under this will be held in your account
until the minimum for pay out is reached. (this is ongoing)
Payment will be made in the form of a bank
check from us, MainScale.com, paid in US dollars. Checks will
be mailed within ten days of the first of the month for the
prior month's sales. For example, commissions for sales made
during May will be sent out on or before the 10th of June.
We are not responsible for paying interest to Affiliates for
accrued but not yet delivered Commission payments.
Payment will be made out to you and mailed,
via U.S. postal mail, to the address you provide at sign-up.
(you will be able to modify your address and contact info
via your private affiliate area)
Any "refunds" to a customer, referred through
your "affiliate link", will be deducted from your "credited"
commission/s. (The majority of customers gladly accept replacement
of products.) Charge backs (None to date!), if any, will be
deducted from your "credited" commissions.
Term of the Agreement
The term of this agreement will begin upon
our acceptance of your affiliate program application and your
placement of our banner or textual link on your site and will
end when terminated by either party. Either you or we may
terminate this agreement at any time, by giving the other
party written notice of termination. This will be in the form
of "email". You can only earn referral fees on sales occurring
during the term. We will never withhold any payment due. Payment
of moneys owed you will be payable on the same schedule as
stated above for commission payment. Upon termination of this
agreement, the former Affiliate must remove all Affiliate
links and graphics from its web site, and refrain from publishing
same in any manner whatsoever.
Income Tax Liability
You must understand and agree that you are
acting as an independent contractor and as such will be responsible
for your own Income Taxes and any other tax liabilities that
affect the sales of our products in your state. By law, any
commissions in excess of five hundred ninety nine ($599) dollars
must be reported by us on a Federal Tax form 1099 (that's
why we ask for your SSA N-social security number on the sign-up
page). You will be sent this form and are required to sign
and return to us before any 'further payment' to you can or
will be made.
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 new agreement on our site. Any modifications
will ALSO be notified, by email, to all participating affiliates.
If any modification is unacceptable to you, you may terminate
this agreement. Your continued participation in the program
following notification of our new program will constitute
binding acceptance of the change.
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
written here.
Conflicts and Disputes
As with any program, a conflict or dispute
may occasionally arise due to tracking, orders, commission
calculation, performance issues and appeals regarding "termination
for cause". Below is outlined who to contact and how to handle
any such situation.
- If a concern should arise, send an email
stating your full name, your affiliate ID, your address
and state the specifics of your concern. Include any dates
or numbers that apply. We will investigate immediately and
will reply as soon as possible.
- Though we will be more than willing to
settle the dispute in as fair a manner as possible we realize
this situation may arise. In this case we will be open to
mediation or arbitration to settle the matter.
- We have NOT preselected a mediator or
arbitrator. Should one be needed we will select a non-biased,
third party moderator.
Contact Information
E-mail: affiliates@MainScale.com.
PRIVACY POLICY
It's pretty simple... We ONLY use the information
you submit to maintain your account. That is, to make your
commission payments and to communicate changes in OUR product
offerings. We will NOT email you with any other company's
products... period! We WILL notify you of new banners and
or text links to facilitate promotion of MainScale.com. We
Do Not Now nor Will We in the future, Sell, Rent or otherwise
make your personal information available to anyone!
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