Affiliate Partner Program
1. Services and Fees
1.1 Upon signing of Affiliate Agreement Affiliate are appointed by Company as Company’s exclusive Affiliate and representative in their specific territory. Affiliate shall sell the compay’s products online in the territory only, under the terms and conditions detailed in Annex A, in return for commissions as specified in clause 1.2 of this partner program.
1.2 Affiliate commission for all online sales on the company website www.skysaver.com from his territory, is a fixed rate commission of 40% ( forty percent) of the turnover of the income received by the Company from a customer (“Commission”). The Affiliate shall be entitled to the Commission for any transaction made during the Term of this Agreement and three (1) months after its termination (even if payment is made later).
1.3 Payment of the Commission shall be dependent on, and be made from, amounts actually received by Company and shall be made 30 days after the end of the calendar month of receipt of such amounts. The Commission will be calculated on aggregated revenues from all customers and Entities together.
1.4 All amounts due to Affiliate hereunder shall be paid after receipt of tax invoice in the currency received or in USD, according to the representative rate of exchange effective on the date of payment as announced by the Bank of United States of America. VAT, if applicable, shall be added to all payments in cash or in kind against a duly issued invoice.
1.5 Affiliate shall not be entitled to any payment other than as stipulated in §1.2 above.
1.6 Relationship of the Parties. This Agreement shall not create a partnership or employer-employee relationship between the Parties or any employees or representatives of the Parties, and nothing hereunder shall be deemed to authorize any Party to act for, represent or bind the other except as expressly provided herein.
1.7 Taxes and Expenses. Other than stipulated herein, each of the Parties will bear its own taxes, costs and expenses (including legal fees and expenses) incurred in connection with this Agreement and the transactions contemplated hereby.
Annex A
Terms and Conditions for Affiliate Marketers
1. The following restrictions apply to all representation, promotion, marketing and sales of SkySaver. Inability to comply with these restrictions will result in immediate and permanent termination of agreement with no in advance notification. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
1.1 As a SkySaver affiliate marketer you cannot in any way use content which Promotes sexually explicit materials , violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, illegal activities.
1.2 You will 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 Skysaver.com or any other affiliated business.
1.3 You will not publish inaccurate and/or misleading information regarding our products and services. This includes and is not limited to: technical specifications, product capabilities, purpose and method of usage, price and payment terms.
1.4 You will not incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, or that is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
1.5 Your content will int include or engage with, in anyway software downloads that potentially enable diversions of commission from other affiliates in our program.
1.6 You must refrain from the following activities in regards to promoting SkySaver: spamming, use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. You may post to newsgroups to promote Skysaver.com so long as the news group specifically welcomes commercial messages.
1.7 You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address.
1.8 You may use mailings to customers to promote Skysaver.com 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.
1.9 At all times you must clearly represent yourself and your web sites as independent from Skysaver.com. 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 Skysaver.com Affiliate Program.
1.10 Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as skysaver, Skysaver.com, skysaver rescue backpack, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Merchant’s Affiliate Program.
1.11 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 Merchant’s service).
1.12 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 Merchant’s site (i.e., no page from our site or any Skysaver.com’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 Merchant site in IFrames, hidden links and automatic pop ups that open Skysaver.com’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.
1.13 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 Skysaver.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Skysaver.com and the good will associated therewith will inure to the sole benefit of Skysaver.com.
