Affiliate Scheme Terms and Conditions
Terms of use
This Agreement contains the complete
terms and conditions that apply to an individual's or entity's participation in
TheBossBuster Affiliates Scheme (the "Scheme"). As used in this
Agreement, "we" means TheBossBuster, "you" means the
applicant, and "services" means products and services made available
to the public via TheBossBuster website.
Enrolling as an affiliate
To begin the enrollment process, you will submit a complete scheme application
via the site.
We may reject your application if we determine (at our sole discretion) that
your site is unsuitable for the Scheme. You may join the scheme from any
country in the world.
Linking to our site
After you have enrolled as an affiliate, you can provide one or more links from
your site or emails to our site. We will provide you with special link formats
designed for tracking and reporting for all links between your site and our
site. You will be solely responsible for properly utilizing the link formats.
We do not accept any responsibility for the incorrect use of the special links
/ link formats and therefore we shall not be accountable for any loss of fees
as a result of your errors.
Commission
Subject to the terms and conditions of this Agreement, you will be paid
commission for each customer referred from your site through the TheBossBuster
link on your site or emails who successfully purchases 1 or more products from
us.
If it is later found that the customer's purchase was refunded, we retain the
right to withhold any payments to you resulting from that individual's
purchases.
The affiliate scheme relies on cookies to track customers. If for whatever
reason, the customer isn't using cookies, or the cookie expires or the customer
deletes the cookie, they cannot be tracked and you will not earn commission for
any sales that customer may make. Our cookies are set to expire after one year.
If at any time the commissions owed to you become less than the total
deductions due to refunds as mentioned above the difference shall be
immediately payable to TheBossBuster.
Commission may not be paid to an
affiliate if the details we hold for that affiliate are not accurate. It is the
affiliate's responsibility to make sure that TheBossBuster is notified of any
change in their details such as email or postal address. We also reserve the
right to cancel commission payments if we believe that there has been any
fraudulent attempts to use the service.
Commission Schedule
You will earn an affiliate referral fee of fifty percent (50%) of all sales coming
from customers you refer through your special link, which is payable to on or
before the 20th of the month after the commission was earned,
provided that the commission owed is more than USD $50.00.
You will also earn a second tier
affiliate referral fee of ten percent (10%) of all sales that come though a
special affiliate link of an affiliate that you have referred.
Policies and operating procedures
Customers purchasing services from TheBossBuster through this scheme will be
deemed to be customers of TheBossBuster. Accordingly, all TheBossBuster rules,
policies, and operating procedures concerning the services will apply to those
customers. We may change our policies and operating procedures at any time.
Limited License
We grant you a non-exclusive, non-transferable, non-sublicensable, revocable
right to use our logos and text for which we grant express permission, solely
for the purpose of identifying your site as a scheme participant. You agree
that you will not engage, participate or otherwise become involved in any
activity or course of action that diminishes and/or tarnishes the image and or
reputation of TheBossBuster. We may revoke your license.
Your Responsibility
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site.
You will indemnify, defend and hold
us harmless from all claims, damages, and expenses (including, without
limitation, legal fees) relating to the development, operation, maintenance,
and contents of your site as well as any goods or services provided or made
available by you. These obligations will survive any termination of this
Agreement. You acknowledge and agree that your Web site information (name, URL,
traffic counts, etc.) may be utilized by TheBossBuster. Possible uses include
(but are not limited to) lists of the busiest sites, lists of member sites,
etc. The information provided by TheBossBuster to you may be proprietary in
nature. You agree not to share this information with any of our competitors.
Any violation of these terms and conditions may cause us to terminate this
agreement.
Term
The term of this Agreement will begin upon our acceptance of your application
and will end when terminated by either party. Either you or TheBossBuster may
terminate this Agreement at any time, with or without cause, by giving the
other party written or emailed notice of termination. You are only eligible to
earn referral fees during the term of this Agreement only. We may withhold your
final payment to ensure that the correct amount is paid.
Modification
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion, by posting a new agreement on our site.
Your continued participation now, or within thirty (30) days following the
posting notice of any changes in these terms and conditions, will constitute a
binding acceptance by you of such rules, changes or modifications. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. Your continued participation in the scheme following our
modifications will constitute a binding acceptance of the change.
Limitation of Liability
We will not be liable for indirect, special or consequential damages (or loss
of revenue, profits or data) arising in connection with this agreement or the
affiliate scheme, 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 scheme will not exceed the total Affiliate Referral
Fees paid or payable to you under this agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the
scheme or any products sold through the scheme including, without limitation,
warranties of 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.
Independent Investigation
You acknowledge that you have read this agreement, have had an opportunity to
consult with your own legal advisors if you so desired, and agree to all the
terms and conditions set forth herein. You agree that, in interpreting this
agreement, no weight shall be placed upon the fact that this agreement has been
drafted by us, and you shall not assert that this agreement is unenforceable or
invalid on the grounds that it is a contract of adhesion, that it is
unconscionable or any similar theory. 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 web site. You have independently evaluated the desirability
of participating in the scheme and are not relying on any representation,
guarantee or statement other than as set forth in this agreement.
Miscellaneous
This Agreement will be governed by the Australian law, without reference to
rules governing choice of laws. Any action relating to this Agreement must be
brought in the courts of Australia, and you irrevocably consent to the
jurisdiction of such courts. 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.
