Affiliate Program Terms & Conditions
Last Modified: 7th April 2016
This Agreement contains the complete terms and conditions that apply to participation as a member of the BestCheapWebsiteDesign.com (“BCWD”) Affiliate Program.
To join our Affiliate Program please visit our Affiliate Registration Signup page.
1. Enrollment in this Affiliate Program.
To begin the enrollment process, you need to will submit a completed Affiliate Program Application through our Affiliate Program Registration Form. Your account will be instantly active in our program upon approval. Approval is done manually and can take up to 7-14 days. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, “Content Restrictions”).
We will pay you a commission based on the below structure:
- Web Design Services : 10% Commission
- Other Services and Products: Commission Varies*
* Some products and other services may attract much higher commission rates (up to 50%). We also offer special promotions from time-to-time and which may yield higher commission rates & or greatly increased sales.
We may expand the range of products and / or services available for affiliate commission in the future. When we do we will announce any additions to the affiliate program on our website, within the Affiliates area, and or via other methods such as email, Newsletter etc. Affiliates should review our site for changes periodically to ensure they are up-to-date with any new promotions or developments.
The Commission Rate may change at any time. Notification of any changes will be made either via e-mail and or via publication on our website, and shall commence 30-days following such notice. Affiliates should refer back to this statement regularly in order to ensure that they keep up-to-date regarding this policy.
3. Commission Payments
Commissions deemed due and owed to our affiliates under the program will be paid directly by BestCheapWebsiteDesign.com after any holding period that may apply and in accordance with a regular payout cycle established by BestCheapWebsiteDesign.com.
- Our payout cycle is during the 1st week of each month. We will aim to deliver payments on the 1st day of each month, whenever possible.
- Commission is calculated and paid in Australian Dollars.
- Minimum payout threshold is $100 – This simply means that you will need to earn $100 or more in commission before your account is payed out. We have deliberately made it low in order that our affiliates do not have to wait too long.
- No commission will be paid for sales or signups made by you personally or anyone within your family or organization.
- BestCheapWebsiteDesign.com reserves the right to only pay for referrals that are active or completed. Commissions can only be earned for each successful sale of an affiliate program product that is made through the unique affiliate link or affiliate banner, or by a second-tier commission level (if applicable).
Please note that commissions cannot be paid until after a minimum of 30 days following the items’ sale, in order for us to identify any charge-backs / returns on affiliate accounts. Whilst we offer a 100% satisfaction guarantee we do not allow refunds for services or digital goods unless there is is an acceptable and valid reason for such an action, however affiliates should be aware that a customer can still refute any purchase via PayPal (and other payment gateways), thereby making refunds possible despite having a no-returns/ no refunds policy… PayPal or other payment gateway refund decisions are entirely out of our hands, and unfortunately there is nothing that we, or you, can do about that. We have attempted to minimize this as much as we can but we cannot guarantee that some customers will not dispute a sale.
The best way to avoid returns or refunds of course is to always provide the customer with quality products, great service, and to give them value-for-money. This is an underlying ethic of our company.
4. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.
In addition to the foregoing, we will immediately terminate your participation in the BestCheapWebsiteDesign.com Affiliate Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of BestCheapWebsiteDesign.com or state law; All affiliates must use a double opt-in method for subscribers and any similar promotional solicitation (as is required by most reputable affiliate programs, and also most email delivery services)
- Provide inaccurate or incomplete information to BestCheapWebsiteDesign.com concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in pop-up advertisement network activities
- IFrames may only be used on pages or sites in which the other content represented on the site is related to BestCheapWebsiteDesign.com
- Hidden links
- Incentivized programs or similar
- Bundling of our products is prohibited without prior, written approval.
- Incentivized Commissions and Similar Schemes
Incentivized commissions, coupons / discounts and or offering any form of incentive in order to obtain a sale is forbidden, unless prior written approval is first given and cleared by BestCheapWebsiteDesign.com Staff or administration. The exception to this rule is if the offer / coupon is already part of an official special offer, coupon or promotion already being offered by BestCheapWebsiteDesign.com to our affiliates, and if that promotion is current and has not expired. You may, however, contact us if you have an idea for a new incentive / special offer and you wish to inquire on whether your proposed incentive is acceptable, if so then please e-mail us at support [@] BestCheapWebsiteDesign [dot] com
5. Utilizing Affiliate Links on Your Site.
As an affiliate of BestCheapWebsiteDesign.com, you may use any form of promotion you choose, providing it is consistent with the terms of this Agreement. You may use the provided banner advertisements, button links and/or text links to our site (the “Links”), however, you CANNOT SPAM, and you CANNOT USE HIDDEN LINKS OR ANY OTHER SUCH DEVIOUS OR UNETHICAL TACTICS. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program or similar breeches of our policy will result in your immediate termination from the Affiliate Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain BestCheapWebsiteDesign.com trade names, service marks, and/or logos for display on your Affiliate Site or promoted by you via your own newsletter (providing the recipients have opted-in to receive correspondence from you – purchased mailing lists are not allowed. We also insist that all subscribers are gathered using a double-opt-in method, that is to say that they have received an email from you which requires that they must first click on the confirmation email in order to confirm / activate their subscription – this is a standard requirement in almost all other reputable affiliate programs). Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Site for the sole and exclusive purpose of promoting BestCheapWebsiteDesign.com. In utilizing the Banners and Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link or other promotional material may only be modified with our prior written consent.
6. Keywords and PPC Advertising.
You are free to bid on PPC networks for keywords related to BestCheapWebsiteDesign.com with the intent to direct traffic to BestCheapWebsiteDesign.com.
However, the following terms (keywords) are NOT allowed:
* “Best Cheap Website Design”
However, you may bid on a phrase that includes any of the above terms, eg: “Best Cheap Website Design Review”, “BestCheapWebsiteDesign.com Review”, etc.
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the BestCheapWebsiteDesign.com brand name and reputation. We do not want affiliates, or for that matter any third party, representing themselves as BestCheapWebsiteDesign.com or presenting themselves in a way that could be confused with the BestCheapWebsiteDesign.com website.
7. Term of the Agreement.
The term of this Agreement will begin upon our acceptance of your BestCheapWebsiteDesign.com Affiliate Program 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 notice of termination in writing. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
8. Modification of this agreement.
We may modify any of the terms and conditions contained in this Affiliate Agreement, at any time and at our sole discretion. Notice of any change will be made available to our affiliates by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, and is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the BestCheapWebsiteDesign.com Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
9. Relationship of Parties.
You and BestCheapWebsiteDesign.com are independent contractors, and nothing in this Affiliate 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 Section. You are not an agent of the BestCheapWebsiteDesign.com website and BestCheapWebsiteDesign.com expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
10. 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 BestCheapWebsiteDesign.com Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the BestCheapWebsiteDesign.com Affiliate Program or for any COMPANY product services or other items that are made available through the Affiliate Program (including, without limitation, warranties of profit or earnings, fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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.
12. Representations and Warranties.
You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide BestCheapWebsiteDesign.com with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to terminate your affiliate account and any monies you may have earnt and accrued,will be forfeited immediately, and we will cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the BestCheapWebsiteDesign.com Affiliate Program, which is information we consider to be confidential (herein referred to as “Confidential Information”). For purpose of this Affiliate Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to BestCheapWebsiteDesign.com, customer and vendor lists relating to BestCheapWebsiteDesign.com and any members of the BestCheapWebsiteDesign.com Affiliate Program and website, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement, that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
You hereby agree to indemnify, defend and hold harmless BestCheapWebsiteDesign.com, its officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the BestCheapWebsiteDesign.com Affiliate Program without our express prior, written consent. This Agreement will be governed by the laws of Australia and the State of Victoria, without reference to rules governing choice of laws. BestCheapWebsiteDesign.com reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. BestCheapWebsiteDesign.com will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple BestCheapWebsiteDesign.com affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the BestCheapWebsiteDesign.com in-house affiliate program and also open a BestCheapWebsiteDesign.com affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. 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.
16. Tax and Government Surcharges Compliance.
All affiliates are solely responsible for adhering to any laws in relation to tax and government tariffs and or surcharges, whether it applies to their local tax laws, State laws, National Laws or even that of the country where the customer may reside. Different countries have different rules and laws regarding collection of tax for various goods and or services, and some laws may be different for online sales made in those countries, too. All affiliates are responsible for any taxes and or government legislated surcharges (such as government imposed tariffs) which may or may not be applicable to any sales of our product(s) and or services. We are not responsible for affiliates taxes and or government surcharges or tariffs.
17. FTC Compliance (Applicable to USA based affiliates).
All USA-based affiliates must agree to stay compliant with the U.S. Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on BestCheapWebsiteDesign.com’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and BestCheapWebsiteDesign.com must be clearly disclosed in a separate policy on the USA-based affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product it is imperative that such connection is fully disclosed”. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists. We share the under-girding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We will not be held liable should any USA-based affiliates fail to adhere to the FTC’s guidelines on testimonials and endorsements, and reserve the right to terminate relationship with any non-compliant (USA-based) affiliates.
18. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against BestCheapWebsiteDesign.com or its subsidiaries in conjunction with this program. An arbitration firm selected by BestCheapWebsiteDesign.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All arbitration will only be conducted in the state of Victoria, where BestCheapWebsiteDesign.com’s headquarters are located. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
19. Questions regarding this document.
If you have any questions or concerns regarding this Affiliate Agreement or any other aspect in relation to our Affiliate Program, please feel free to contact us via our contact form or via emailing us at support [@] BestCheapWebsiteDesign [dot] com.
End of document.