Each participant in the affiliate program offered by Termitnjak Doo. (the "Merchant") for any of the services offered on www.bigimtoolbox.com (the "Site") currently through JVzoo (the "Processor") expressly agrees to this affiliate agreement.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it refers to "the Affiliate; "we" or "our" refers to the Merchant.
Processor will create a unique URL for you when you submit an Affiliate Approval Request on www.jvzoo.com.
You will receive 50% of the revenue as a commission from orders placed through your Affiliate Link (unless noted otherwise for a particular product) less the charges outlined by Processor in their agreement on www.jvzoo.com. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate Links.
Processor will send a check for the applicable commissions within the framework of their policies on www.jvzoo.com. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by Processor from the next payment due affiliate.
The Processor will be solely responsible for processing every order placed by a customer on the Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in any way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Merchant. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Merchant policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate Link in order to qualify for commissions.
The Merchant reserves the right not to accept any website into the Affiliate Program based on website content. Websites that do not qualify for the Affiliate Program include websites which:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities; or
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
Unsolicited Commercial Email or SPAM
The Merchant in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Merchant's Affiliate Program.
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 would reasonably contradict this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either the Merchant or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Website, all links to the Merchant's Site, and all Merchant's trademarks and logos and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your website does not conform to the qualifiers written in paragraphs 7 of this Agreement.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This agreement shall all be governed and construed in accordance with the laws of Slovenia applicable to agreements made and to be performed in Slovenia. You agree that any legal action or proceeding between Merchant and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Slovenia. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Merchant's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Merchant may assign its rights and duties under this agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with Processor, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.