Affiliate Agreement
1. Overview
This Agreement contains the complete terms and
conditions that apply to you becoming an affiliate in Advanced
System Repair's Affiliate Program. The purpose of this Agreement is
to allow HTML linking between your web site and the Advanced System
Repair web site. Please note that throughout this Agreement, "we,"
"us," and "our" refer to Advanced System Repair, and "you," "your,"
and "yours" refer to the affiliate.
2. AFFILIATE COMPLIANCE
2.1 Your are not allowed to enrol if
your website does any of the following:
2.1.1 It is strictly prohibited for any affiliate to engage in deceptive or misleading marketing practices on behalf of our company. In particular, affiliates may not send SMS messages or other communications falsely stating or implying that a recipient's phone or device is infected with a virus or otherwise compromised in order to induce them to click a link or purchase our software.
Such scare tactics including but not limited to messages suggesting the user's device is infected, compromised, or at risk are a violation of our Affiliate Agreement and applicable consumer protection laws.
Any affiliate found to be engaging in such misleading or deceptive practices will face immediate and permanent termination of their affiliate relationship with our company. Furthermore, our company reserves the right to pursue all available legal remedies for damages resulting from such conduct.
Affiliates must ensure that all traffic sent to our websites, landing pages, and cart links is generated through honest, non-deceptive, and fully compliant marketing practices.
2.1.2
2.1.3 Promotes discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age
2.1.4 Promotes illegal activities
2.1.5 Promotes sexually explicit materials
2.1.6 Includes "Advanced System Repair" or
variations or misspellings thereof in its domain name
2.1.7 Is otherwise in any way unlawful,
harmful, threatening, defamatory, obscene, harassing, or racially,
ethnically or otherwise objectionable to us in our sole discretion.
2.1.8 Contains software downloads that
potentially enable diversions of commission from other affiliates in
our program.
2.1.9 You may not create or design your website
or any other website that you operate, explicitly or implied in a
manner which resembles our website nor design your website in a
manner which leads customers to believe you are Advanced System
Repair or any other affiliated business.
2.1.10 Incorporates any materials which
infringe or assist others to infringe on any copyright, trademark or
other intellectual property rights or to violate the law
2.2 As a member of Advanced System
Repair's Affiliate Program, you will have access to Affiliate
Account Manager. Here you will be able to review our Program's
details and previously-published affiliate newsletters, download
HTML code (that provides for links to web pages within the Advanced
System Repair web site) and banner creatives, browse and get
tracking codes for our coupons and deals. In order for us to
accurately keep track of all guest visits from your site to ours,
you must use the HTML code that we provide for each banner, text
link, or other affiliate link we provide you with.
2.3 Advanced System Repair reserves the
right, at any time, to review your placement and approve the use of
Your Links and require that you change the placement or use to
comply with the guidelines provided to you.
2.4 The maintenance and the updating of
your site will be your responsibility. We may monitor your site as
we feel necessary to make sure that it is up-to-date and to notify
you of any changes that we feel should enhance your performance.
2.5 It is entirely your responsibility
to follow all applicable intellectual property and other laws that
pertain to your site. You must have express permission to use any
person's copyrighted material, whether it be a writing, an image, or
any other copyrightable work. We will not be responsible (and you
will be solely responsible) if you use another person's copyrighted
material or other intellectual property in violation of the law or
any third party rights.
3. Advanced System Repair Rights and
Obligations
3.1 We have the right to monitor your
site at any time to determine if you are following the terms and
conditions of this Agreement. We may notify you of any changes to
your site that we feel should be made, or to make sure that your
links to our web site are appropriate and to notify further you of
any changes that we feel should be made. If you do not make the
changes to your site that we feel are necessary, we reserve the
right to terminate your participation in the Advanced System Repair
Affiliate Program.
3.2 Advanced System Repair reserves the
right to terminate this Agreement and your participation in the
Advanced System Repair Affiliate Program immediately and without
notice to you should you commit fraud in your use of the Advanced
System Repair Affiliate Program or should you abuse this program in
any way. If such fraud or abuse is detected, Advanced System Repair
shall not be liable to you for any commissions for such fraudulent
sales.
3.3 This Agreement will begin upon our
acceptance of your Affiliate application, and will continue unless
terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY
TIME, with or without cause, by giving the other party written
notice. Written notice can be in the form of mail, email or fax. In
addition, this Agreement will terminate immediately upon any breach
of this Agreement by you.
5. Modification
We may modify any of the terms and conditions
in this Agreement at any time at our sole discretion. In such event,
you will be notified by email. Modifications may include, but are
not limited to, changes in the payment procedures and Advanced
System Repair's Affiliate Program rules. If any modification is
unacceptable to you, your only option is to end this Agreement. Your
continued participation in Advanced System Repair's Affiliate
Program following the posting of the change notice or new Agreement
on our site will indicate your agreement to the changes.
6. Payment
Advanced System Repair uses a third party to
handle all of the tracking and payment. Kindly review the network's
payment terms and conditions.
7. Promotion restrictions
7.1 You are free to promote your own web
sites, but naturally any promotion that mentions Advanced System
Repair could be perceived by the public or the press as a joint
effort. You should know that certain forms of advertising are always
prohibited by Advanced System Repair. For example, advertising
commonly referred to as "spamming" is unacceptable to us and could
cause damage to our name. Other generally prohibited forms of
advertising include the use of unsolicited commercial email (UCE),
postings to non-commercial newsgroups and cross-posting to multiple
newsgroups at once. In addition, you may not advertise in any way
that effectively conceals or misrepresents your identity, your
domain name, or your return email address. You may use mailings to
customers to promote Advanced System Repair so long as the recipient
is already a customer or subscriber of your services or web site,
and recipients have the option to remove themselves from future
mailings. Also, you may post to newsgroups to promote Advanced
System Repair so long as the news group specifically welcomes
commercial messages. At all times, you must clearly represent
yourself and your web sites as independent from Advanced System
Repair. If it comes to our attention that you are spamming, we will
consider that cause for immediate termination of this Agreement and
your participation in the Advanced System Repair Affiliate Program.
Any pending balances owed to you will not be paid if your account is
terminated due to such unacceptable advertising or solicitation.
7.2 Affiliates are not prohibited from
keying in prospect's information into the lead form as long as the
prospects' information is real and true, and these are valid leads
(i.e. sincerely interested in Advanced System Repair's service).
7.3 Affiliate shall not transmit any
so-called "interstitials", "Parasiteware", "Parasitic Marketing", "Shopping Assistance Application",
"Toolbar Installations and/or
Add-ons", "Shopping Wallets" or "deceptive pop-ups and/or
pop-unders" to consumers from the time the consumer clicks on a
qualifying link until such time as the consumer has fully exited
Advanced System Repair's site (i.e., no page from our site or any
Advanced System Repair's content or branding is visible on the
end-user's screen). As used herein a. "Parasiteware" and "Parasitic
Marketing" shall mean an application that (a) through accidental or
direct intent causes the overwriting of affiliate and non affiliate
commission tracking cookies through any other means than a customer
initiated click on a qualifying link on a web page or email; (b)
intercepts searches to redirect traffic through an installed
software, thereby causing, pop ups, commission tracking cookies to
be put in place or other commission tracking cookies to be
overwritten where a user would under normal circumstances have
arrived at the same destination through the results given by the
search (search engines being, but not limited to, Google, MSN,
Yahoo, Overture, AltaVista, Hotbot and similar search or directory
engines); (c) set commission tracking cookies through loading of
Advanced System Repair site in IFrames, hidden links and automatic
pop ups that open Advanced System Repair's site; (d) targets text on
web sites, other than those web sites 100% owned by the application
owner, for the purpose of contextual marketing; (e) removes,
replaces or blocks the visibility of Affiliate banners with any
other banners, other than those that are on web sites 100% owned by
the owner of the application.
8. Grant of Licenses
8.1 We grant to you a non-exclusive,
non-transferable, revocable right to (i) access our site through
HTML links solely in accordance with the terms of this Agreement and
(ii) solely in connection with such links, to use our logos, trade
names, trademarks, and similar identifying material (collectively,
the "Licensed Materials") that we provide to you or authorize for
such purpose. You are only entitled to use the Licensed Materials to
the extent that you are a member in good standing of Advanced System
Repair's Affiliate Program. You agree that all uses of the Licensed
Materials will be on behalf of Advanced System Repair and the good
will associated therewith will inure to the sole benefit of Advanced
System Repair.
8.2 Each party agrees not to use the
other's proprietary materials in any manner that is disparaging,
misleading, obscene or that otherwise portrays the party in a
negative light. Each party reserves all of its respective rights in
the proprietary materials covered by this license. Other than the
license granted in this Agreement, each party retains all right,
title, and interest to its respective rights and no right, title, or
interest is transferred to the other.
9. Disclaimer
Advanced System Repair MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING Advanced System
Repair SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED
THEREIN, ANY IMPLIED WARRANTIES OF Advanced System Repair ABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY
DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT
THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND
WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR
ERRORS.
10. Representations and Warranties
You represent and warrant that:
10.1 This Agreement has been duly and
validly executed and delivered by you and constitutes your legal,
valid, and binding obligation, enforceable against you in accordance
with its terms;
10.2 You have the full right, power, and
authority to enter into and be bound by the terms and conditions of
this Agreement and to perform your obligations under this Agreement,
without the approval or consent of any other party;
10.3 You have sufficient right, title,
and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO
ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR
ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT
SHALL Advanced System Repair's CUMULATIVE LIABILITY TO YOU ARISING
OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
AGREEMENT.
12. Indemnification
You hereby agree to indemnify and hold harmless
Advanced System Repair, and its subsidiaries and affiliates, and
their directors, officers, employees, agents, shareholders,
partners, members, and other owners, against any and all claims,
actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys'
fees) (any or all of the foregoing hereinafter referred to as
"Losses") insofar as such Losses (or actions in respect thereof)
arise out of or are based on (i) any claim that our use of the
affiliate trademarks infringes on any trademark, trade name, service
mark, copyright, license, intellectual property, or other
proprietary right of any third party, (ii) any misrepresentation of
a representation or warranty or breach of a covenant and agreement
made by you herein, or (iii) any claim related to your site,
including, without limitation, content therein not attributable to
us.
13. Confidentiality
All confidential information, including, but
not limited to, any business, technical, financial, and customer
information, disclosed by one party to the other during negotiation
or the effective term of this Agreement which is marked
"Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or
disclose such proprietary information of the other party without
express written permission of the disclosing party.
14. Miscellaneous
14.1 You agree that you are an
independent contractor, and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between you and Advanced
System Repair. 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 any other of Your Site or
otherwise, that reasonably would contradict anything in this
Section.
14.2 Neither party may assign its rights
or obligations under this Agreement to any party, except to a party
who obtains all or substantially all of the business or assets of a
third party.
14.3 This Agreement shall be governed by
and interpreted in accordance with the laws of the NSW, Australia
without regard to the conflicts of laws and principles thereof.
14.4 You may not amend or waive any
provision of this Agreement unless in writing and signed by both
parties.
14.5 This Agreement represents the
entire agreement between us and you, and shall supersede all prior
agreements and communications of the parties, oral or written.
14.6 The headings and titles contained
in this Agreement are included for convenience only, and shall not
limit or otherwise affect the terms of this Agreement.
14.7 If any provision of this Agreement
is held to be invalid or unenforceable, that provision shall be
eliminated or limited to the minimum extent necessary such that the
intent of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
By clicking the "I Agree" button below, you confirm that you have read and agree to the affiliate terms and conditions above. Once we receive your application, we will review your information and website to ensure you meet our program requirements. If approved, you will be granted full access to promote our software. Please note that we actively monitor affiliate activity to ensure ongoing compliance with our terms. We take compliance with all applicable laws and regulations very seriously and will not allow any affiliate to jeopardize our business or the integrity of our affiliate network.
- Certification and Test Results
- Comparitive and Performance Test Results