Cell Phone Affiliate Program
Terms and Conditions
By joining 4-Cell-Phones.com's Affiliate program, you agree
to the following terms and conditions.
This agreement is between 4-Cell-Phones and the Affiliate
marketer (Affiliate) who has signed up with 4-Cell-Phones's
Affiliate program. 4-Cell-Phones and Affiliate are entering
into a simple business agreement in the best interest of both
parties. Affiliate and 4-Cell-Phones are independent contractors,
and nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative, or
employment relationship, or the relationship of principal
and agent between the parties. All copyrighted material and
trademarked names and logos used in accordance with this Agreement
by either or both parties remain the exclusive intellectual
property of the respective originating or issuing parties.
No transference of intellectual property ownership or conveyance
of rights is intended or conferred in this Agreement. Sales
and interests in this Agreement may not be transferred or
sold to any other entity and all business between the parties
is subject to the terms of this Agreement. Both parties will
be held to confidence in any matters of business with regard
to this Agreement.
Affiliate shall indemnify and hold 4-Cell-Phones harmless
from any and all legal actions, damages or liabilities incurred
from the day-to-day operations of Affiliate. Under no circumstances
will 4-Cell-Phones be liable whether in tort, contract or
otherwise for indirect, incidental, consequential, special
or exemplary damages (including but not limited to damages
for any loss of revenue, profits, business interruption, loss
of business information or data, loss of goodwill, work stoppage,
hardware or software failure, or other pecuniary loss) arising
from or relating to any provision of this Agreement or the
program. Without limiting the foregoing, 4-Cell-Phones aggregate
liability arising with respect to this Agreement will not
exceed the total fees paid or payable to Affiliate under this
agreement. 4-Cell-Phones will own all right, title and interest
in and to all information that is created or collected in
the operation of the 4-Cell-Phones site and reserves the right
to amend or terminate this Agreement at any time, with or
without notice to Affiliate.
It is the full responsibility of Affiliate to market 4-Cell-Phones
products in a legal, ethical and honest fashion and Affiliate
agrees that 4-Cell-Phones will be held harmless from any and
all actions of Affiliate and Affiliate marketing and promotional
programs. Affiliate shall at all times comply with all local
and Federal spam, fax broadcast and telemarketing laws. Any
Affiliate advertisement that does not comply with applicable
local, state or federal laws is strictly forbidden and shall
be expressly defined as unauthorized use of the respective
wireless carrier's trademarks, marks and names. Should action
be brought against 4-Cell-Phones for such activity by Affiliate,
Affiliate agrees to bear all costs and penalties associated
with such activity including, but not limited to 4-Cell-Phones's
legal costs for any alleged infraction of these laws. 4-Cell-Phones
reserves the right to amend all pricing plans, commissions
or conditions relative to this agreement 4-Cell-Phones reserves
the right to terminate any Affiliate with or without cause
at the sole discretion of 4-Cell-Phones with or without notice.
By joining the 4-Cell-Phones Affiliate program, Affiliate
is tendering his/her personal guarantee of these terms and
conditions.
Affiliate further agrees and warrants that it will comply
with all local, state and federal laws (including, but not
limited to, the "CAN-SPAM" Act, effective January
1, 2004) regarding the sending of e-mails.
The laws of the State of California shall govern this Agreement.
Should there be any legal dispute between the parties, then
both parties agree to take the matter before arbitration/mediation
in Orange County, CA, should 4-Cell-Phones request arbitration/mediation
in lieu of formal legal process. Both parties mutually agree
that the sole legal venue for all disputes shall be in the
Orange County General District Court, CA.
UCE - Unsolicited Commercial Email
YOU WILL NOT SPAM. You may promote your Affiliate link via
the banners, text links, buttons, and other graphics on your
website. You may promote to opt-in email lists owned by you
(not rented). You may NOT promote to "harvested"
emails. You may not promote using unsolicted commercial email
of any kind nor by posting to newsgroups, forums, or other
unsolicited areas. Please limit your advertising to websites
owned by you and/or opt-in email lists owned by you. If your
account is determined to have used unsolicited marketing,
it will be terminated and all commissions will be forfeited.
Fraudulent Sales
Forged sales and applications by any means other than legitimate
customers will result in criminal prosecution and forfeit
of all commissions owed.
Account Approval and Termination
The term of this Agreement will begin upon the submittal and
approval of your Affiliate application and will end when terminated
by either party. Either party may terminate this Agreement
at any time. Commissions will be paid for sales that originate
during the term. 4-Cell-Phones.com reserves the right to terminate
your account if it is idle for more than 30 days.
Modifications
We may modify any of the terms and conditions of this Agreement
at any time by posting a notice or new version of the agreement
on our site. Modifications may include changes in commission
rates and payout structure, payment procedures, and Affiliate
program rules. Upon any published modification, your participation
in the Affiliate program will constitute a binding acceptance
of the change(s).
Personal Use Sales
Commissions earned on sales you make for personal use (you
order a phone for personal use) will be held for 180 days
from the date of activation.
Search Engine Submissions
You may not submit Affiliate-branded links to search engines
other than those that are explicitly made available to you
in the Affiliate login area.
False Representation
Affiliate is an independent entity and agrees not to falsely
represent himself/herself as an employee, owner, or partner
of 4-Cell-Phones.com. Further, Affiliate agrees not to register
or submit links to any website using an email address containing
"4-Cell-Phones.com". This practice misleads the
website operator into believing that 4-Cell-Phones.com has
registered with the website service.
Payments
As material consideration for the Affiliate's marketing commitment,
4-Cell-Phones.com shall pay the Affiliate for each Final Sale
generated through the Affiliate-branded link. A Final Sale
means an order placed for a Product that results in 4-Cell-Phones.com
receiving full and complete payment from the Customer for
such a Product and does not result in a chargeback by the
Supplier. Commissions charged back to 4-Cell-Phones by the
Supplier for reasons of customer early termination will likewise
result in a chargeback to the Affiliate commissions. The chargeback
period is 180 days from date of customer acquisition. Prepaid
activations are not subject to chargebacks.
Pay Cycle
A check will be mailed 45-50 (wireless carriers pay commissions
approx. 45 days after activation/s, for a particular month
) days after the end of the month for commissions earned
during that month (example: commission check for Jan 1st -
Jan31st will be mailed by March 20th-25th).
4-Cell-Phones and the Affiliate will cause these
terms and conditions to be executed on the date when the Affiliate
joins the program by clicking on the "Register"
button.
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