Terms of Service and Conditions of
Use for TurnKey Internet Affiliates and Resellers
Welcome to TurnKey Internet™. TurnKey Internet™ and its affiliates provide
products and services to clients all around the world. TurnKey Internet.net has the
responsibility to protect each client and provide them with the best
services available. The following conditions were designed to insure our
products and services. If you visit, shop, or use any of our products and services at
TurnKey Internet, you accept these conditions. Please read them carefully.
In addition, when you use any current or future TurnKey Internet products and
services or visit or purchase from any business affiliated with
TurnKey Internet, whether or not included in the TurnKey Internet Web site, you also
will be subject to the guidelines and conditions applicable to such service
or business.
TERMS OF AGREEMENT The term of this Agreement will begin
upon our acceptance of your Affiliate application and will end when
terminated by either party. Either you or we may terminate this Agreement at
any time, with or without cause, by giving the other party written notice of
termination. You are only eligible to earn referral fees on sales occurring
during the term of this agreement
ENROLLMENT PROCESS To begin the enrollment process,
Affiliate will submit an application via www.turnkeyinternet.net. TurnKey Internet will
evaluate Affiliate's application and will notify Affiliate of Affiliate's
acceptance or rejection. TurnKey Internet may reject Affiliate's application if
TurnKey Internet determines that Affiliate's site is unsuitable for the Affiliate
Program. Reasons for rejection can include, but are not limited to the
Affiliate's site promoting violence, discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age, or the
Affiliate's site promoting illegal activities and/or violating intellectual
property rights.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other
policies, such as our privacy
policy, posted on this site. These policies also govern your visit to
TurnKey Internet.net. We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on this site. Modifications may include, for
example, changes in the scope of available referral fees, fee schedules,
payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW
AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. If
any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall
be deemed severable and shall not affect the validity and enforceability of
any remaining condition.
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 referral fees paid or payable to you under to this
Agreement.
ACKNOWLEDGMENT OF TERMS You acknowledge that you have read
this agreement and agree to all its terms and conditions. You understand
that we may at any time (directly or indirectly) solicit customer referrals
on terms that may differ from those contained in this agreement or operate
web sites that are similar to or compete with your website. You have
independently evaluated the desirability of participating in the program and
are not relying on any representation, guarantee or statement other than as
set forth in this agreement.
COMMERCIAL ADVERTISING - EMAIL SPAM
Spamming, or the
sending of unsolicited email, is STRICTLY prohibited. For general reference, we
consider spam any email that is sent to more than 10 people at a time that
did not ask for it to be sent to them. TurnKey Internet will be the sole arbiter as
to what constitutes a violation of this provision. "Opt-in," or email sent with permission from the receiver,
is
acceptable as long as opt-out/removal requests are fully honored. TurnKey Internet
has a zero tolerance policy for SPAM. Any Affiliate found to be SPAMMING
will be immediately removed from our affiliate program. The only recourse
you will have to maintain your affiliate relationship is proof of the receiver's "opt in"
(explicit permission from the receiver for any emails in question) that will nullify the validity of the SPAM complaint. Valid SPAM
complaints will result in the immediate termination of your account and
forfeiture of any commissions owed you.
PRIVACY Please review our Privacy Notice, which also governs your visit to
TurnKey Internet, to understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit TurnKey Internet or send e-mails to us,
you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
SITE LINKS TurnKey Internet will provide you with textual and
graphical links (Link Materials) with which you may link your Web site to
our Web site. Once you become an approved Affiliate, we grant you a
non-exclusive limited license solely to reproduce and use these Link
Materials, including our trademarks to the extent they are incorporated into
these Link Materials, only while you are an Affiliate and only in accordance
with the terms and conditions of this Agreement. You many include Link
Materials in mailings to your opted-in lists (see section regarding Spam)
and in other advertisements at your discretion. You agree to display the
Link Materials appropriately on your Web site and in advertisements, and to
respect our trademarks, service marks, and other rights in the Link
Materials. You will use only these Link Materials to link to TurnKey Internet, and
you will not alter the look or feel of these Link Materials or of our Web
site in any way. You will use reasonable efforts to update to new versions
of Link Materials as we make them available.
METHOD OF LINKING
You may not: (a) directly or indirectly offer any person or
entity any consideration or incentive (including, without limitation,
payment of money (including any rebate), or granting of any discount or
other benefit) for using Special Links on your website to access our website
(e.g., by implementing any "rewards" program for persons or entities who use
Special Links on your website to access our website); (b) post any Special
Links on any website or other platform that is accessible through any
Internet Access Appliance; (c) read, intercept, record, redirect, interpret,
or fill in the contents of any electronic form or other materials submitted
to us by any person or entity; (d) in any way modify, redirect, suppress, or
substitute the operation of any button, link, or other interactive feature
of our website; (e) make any orders or subscription requests, or engage in
other transactions of any kind on our website on behalf of any third party,
or authorize, assist, or encourage any other person or entity to do so; (f)
take any action that could reasonably cause any customer confusion as to our
relationship with you, or as to the website on which any functions or
transactions are occurring; or (g) post or serve any advertisements or
promotional content around or in conjunction with the display of our website
(e.g., through any "framing" technique or technology or pop-up windows), or
assist, authorize, or encourage any third party to take any such action. If
we determine, in our sole discretion, that you have engaged in any of the
foregoing activities, we may (without limiting any other rights or remedies
available to us) withhold any referral commissions otherwise payable to you
under this Agreement and/or terminate this Agreement.
AFFILIATE TRACKING TurnKey Internet will be solely responsible for
tracking sales using special software that communicates with the specially
encoded URLs assigned to affiliates. TurnKey Internet will endeavor to do its best
to ensure accurate tracking of referrals made by affiliates. Affiliates will
themselves be solely responsible for ensuring that these special URLs are
formatted properly, a necessary prerequisite to accurate tracking of
referral sales. Notwithstanding the above statement of responsibility by
TurnKey Internet to track sales, affiliates hereby acknowledge and accept that the
tracking system employed by TurnKey Internet is not 100% fail-safe and that there
may on occasion be instances of referral sales made that are not credited to
an affiliate for any of the following possible reasons:
Failure by the affiliate to use the proper format of the specially assigned
URL in promotions, web page links, banner ads, and so on.
Deliberate or
accidental actions by customers to circumvent an affiliate's special URL so
that our software is unable to accurately track that sale.
Bugs, glitches or crashes of the tracking software that render it unable to
accurately track sales for a period of time.
Acts of nature that cause irretrievable data loss on the computers and
back-up disk media.
RESPONSIBILITIES You will be solely responsible for the
development, operation, and maintenance of your site and for all materials
that appear on your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Creating and posting Product descriptions on your website and linking
those descriptions to the TurnKey Internet web site.
Ensuring that your website accurately and adequately discloses, either
through a privacy policy or otherwise, how you collect, use, store, and
disclose data collected from visitors, including, where applicable, that
third parties (including advertisers) may serve content and/or
advertisements and collect information directly from visitors and may place
or recognize cookies on visitors' browsers.
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
RELATIONSHIP OF PARTIES TurnKey Internet and your company 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 in this agreement.
QUALIFYING PRODUCTS AND SERVICES FOR REFERRAL COMMISSIONS
Any product or service with a monthly recurring service fee listed on the
TurnKey Internet web site is eligible for referral commissions. Referral
commissions are NOT ELIGIBLE for:
(a) One time product purchases (such as hourly billed consulting or
programming fees), (b) domain names (such as $9.99/year domain names), (c)
additional setup fees (such as additional software configuration fees, or
optional account add-ons or upgrades), (d) SSL Certificates (Which are one
time purchases), (e) any special order items (such as custom hardware
requests), (f) sales to one's self, a separate department of the same
company or its subsidiaries. TurnKey Internet will determine, at our sole
discretion, if a product or service qualifies for referral commission
payout.
REFERRAL COMMISSIONS
We will pay you referral commissions on the base monthly recurring service
fee of Qualifying Product sales to third parties. For a Product sale to be
eligible to earn a referral commission, the customer must satisfactorily
complete an order for any Qualifying Products and/or Service from the
TurnKey Internet web site. We will only pay referral commissions on such
Products after order, payment and shipping (if necessary) and the 2nd
monthly billing is completed (31 days after the day of initial sale) on the
Qualifying Product sold. If during the 31 days the Qualifying Product sold
is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. TurnKey Internet at
its sole discretion may increase the 31 day hold period before approving a
commission by up to 60 days in cases where there is a heightened belief the
transaction may result in fraud, refund or charge back.
PAYMENTS
Payments are issued in US dollars, and paid once a month, on the 1st of the
month for the total amount of 'approved' funds in your affiliate account.
Payments are made via PayPal, or at the affiliate's option - in the form
of a service credit towards TurnKey Internet hosting products and
services.
ARBITRATION
Any dispute relating in any way to this Agreement (including any actual or
alleged breach hereof), any transactions or activities under this Agreement
or your relationship with us or any of our Representatives shall be
submitted to confidential arbitration in a city selected by the company in
New York, United States, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights, we may
seek injunctive or other appropriate relief in any state or federal court in
the state of New York (and you consent to non-exclusive jurisdiction and venue
in such courts) or any other court of competent jurisdiction. Arbitration
under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
MISCELLANEOUS
This Agreement will be governed by the laws of the United States and the
state of New York, without reference to rules governing choice of laws. 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 be 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.
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