In this Agreement, "BannersWorld", "we”, and "us" means BannersWorld.com, and "you", or "Affiliate" means the applicant desiring to participate in the BannersWorld Affiliate Program (the "Affiliate Program"). "Link" or "Links" refers to any hypertext link, URL, banner, graphical or text ad containing a reference to BannersWorld or its products or services or web properties pursuant to this Agreement. The "BannersWorld Site" or "Our Site" means the web site located at or other BannersWorld -owned Internet properties, "our" meaning belonging to or pertaining to BannersWorld. "Your Site" means the web site or sites, or other online marketing venues upon which you establish the Links to Our Site as part of the Affiliate Program. The term "Services" means any BannersWorld design service or product or products that BannersWorld may introduce from time to time in the future and offer through the Affiliate Program.
Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
1. Our Responsibilities
A. Affiliate URL
Upon your acceptance, BannersWorld will provide you with an affiliate URL to specifically identify you, which will allow you to create a link to the BannersWorld web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
B. Tracking BannersWorld agrees to track the customers referred to BannersWorld via the link provided to you for that purpose. BannersWorld utilizes cookies to maintain tracking information for up to one month. BannersWorld will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
2. Affiliate Responsibilities
A. Minimum Age You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the BannersWorld affiliate program does not violate any law, ordinance, regulation or standard.
B. Operation of Affiliate Link You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify BannersWorld if your affiliate URL ceases to function or ceases to function properly.
C. Representations You agree that you will not make any representations, promises, warranties or other statements about BannersWorld or the BannersWorld web site, services, or policies other than stated on our website.
D. Link You may use the affiliate URL provided by BannersWorld via the available BannersWorld Links or in any other form you wish provided that your use of the URL is not in any way disparaging of BannersWorld or otherwise not appropriate or acceptable in BannersWorld’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of BannersWorld or any other party.
The Affiliate ID portion of the HTML code for the link that is provided may not be edited; otherwise we cannot verify where the customer originated from and we cannot pay a commission.
E. Amendments You agree that BannersWorld may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the BannersWorld web site on a periodic basis.
3. Commissions
A. Commission Rate BannersWorld pays a fixed 10% commissions on a one-time basis for every valid sale originated via your affiliate link subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission.
B. Commission Approvals A commission is approved once the product or service is delivered to the customer and approved it for the related sale originated via your affiliate link.
C. Commission Recall If at any time after a commission has been awarded and/or paid and the related sale is canceled or refunded, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
D. Payment Date Payments will only be paid once your approved commissions account balance reaches a minimum level of at least Fifty Dollars ($50) owed. BannersWorld shall make no payment to you until this minimum balance is achieved. Commissions are paid on the 1st day of the month.
E. Payment Method Commissions are paid through PayPal. Thus, as a participant, you must have a PayPal account in order to receive your commission. No exception at all.
4. Cease use and Termination
A. Cease use upon Demand You agree to immediately cease the use of any link created by you or us to BannersWorld upon request by BannersWorld to the email address provided by you and maintained on file for you by BannersWorld.
B. Termination Either party may terminate this agreement at any time upon notice in writing to the other party. All approved commissions are paid within a week of post termination. Any outstanding commissions which are waiting to be approved will be paid once they become approved under paragraph 3.B. herein.
C. Breach of this Agreement The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for termination by BannersWorld.
5. General
A. Violation of Law You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard.
B. Non-Infringement You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and BannersWorld that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
C. Unsolicited Email You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and BannersWorld that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the BannersWorld Affiliate Program.
D. Decency You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and BannersWorld that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
E. Unfair Competition You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and BannersWorld that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the BannersWorld Terms of Service.
F. Damage to BannersWorld You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and BannersWorld that you will not take any action that would in any way damage BannersWorld or otherwise compromise its servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
G. No Automatic Links You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
H. Independent Contractors Each participant shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
I. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL BANNERSWORLD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM OR BANNERSWORLD. 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.
J. Warranty BANNERSWORLD MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE PERFORMANCE OR FUNCTIONALITY OF THE BANNERSWORLD SERVICES, OR OUR AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO THE LINK OR OTHER AFFILIATE ADVERTISEMENTS AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
K. Modifications We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Modifications may include, but are not limited to, changes in the scope of available referral fees, commission schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AS PROVIDED IN PARAGRAPH 4.B
