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Affiliate Programs: Affiliate Program Terms and Conditions
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EPage Affiliate Program
Terms and Conditions |
This Agreement contains the complete terms and conditions that
apply to an individual's or entity's use of and participation in
the EPage Affiliate Program (the "Program"). General
use of this EPage Web Site is covered here.
As used in this Agreement, "we", "us", or "our" refers
to EPage, Inc., and "you" or "your" refer to
the applicant. "Site" means a World Wide Web site and,
depending on the context, refers either to EPage's site, located
at the URL www.EPage, or to any site that you will link to
our site (and which you will identify in your Program application),
and all dollars ($) shall mean United States dollars.
- Eligibility.
All members of EPage are eligible to use the Program. The
Program is open to residents of planet Earth, but all payments
will be in US Dollars. We may reject your ID if
we determine (in our sole discretion) that your site is unsuitable
for the Program. Any site that displays any of the following
content shall be immediately removed from the Program, in
EPage's sole and absolute discretion:
- Sites that promote sexually explicit material;
- Sites that promote violence;
- Sites that promote discrimination based
on race, sex, religion, national origin,
physical disability, sexual orientation or
age;
- Sites that promote illegal activities;
- Sites that contain defamatory, libelous,
harmful material or otherwise infringe upon
the rights of any third parties;
- Sites that otherwise violate intellectual
property rights;
- Sites that contain no original content;
- Sites that are dominantly advertisements
(banner farms);
- Sites that use excessive automatic page
refreshes;
- Sites that use any other method that may
lead to artificially high numbers of impressions
or clicks; or
- Sites that are inconsistent with EPage's
policies and/or practices.
If we reject your application, you are welcome
to re-apply to the Program at any time. You should
also note that if we accept your application
and your site is thereafter determined (in our
sole discretion) to be unsuitable for the Program,
we may terminate this Agreement.
- Commissions and Payments.
We provide what is known as a two-tier affiliate
program. You can earn commissions through Direct
actions (the first tier), and you can also earn Residual
commissions based on earnings of those you refer
to us (the second tier). This program also is a "lifetime" commission
affiliate program. This means that you will earn
commissions for as long as you and the members you
refer continue to use our system.
a) Commissions. The Program has many actions where you
can earn commissions. Affiliates will earn 10% Direct commissions
from all local ad fees paid by users refered by
the affiliate. Affiliates will also earn 50% Resdiual commission
based on the earnings of each member who is refered by an affiliate.
Some affiliates may have additional Direct earnings based on
individual agreements. All Affiliates will be able to view
their own earning percentages on the Affiliate
Manager page.
The commissionable events and earnings are:
i) Direct Earnings: All Affiliates will
earn 10% of local ad fees paid by users they
have refered as long as
both you and the referred customer have EPage accounts in
good standing.
ii) Co-Brand Earnings: Some Affiliates with co-branded classified
sites may earn a percentage of local ad fees paid for ads
placed through their site.
iii) AdConnect Earnings: Affiliates with
co-branded classifieds will earn a share of a pool of earnings
based on the display and use of the site based on rules set
up by our partner, AdConnect.com.
iv) Residual Earnings: All Affiliates will
earn a 50% Residual commission based solely on the Direct Earnings
of members they refer.
b) Payment Schedule. We will pay you on
a monthly basis. On or
before the fifteenth (15th) day after the end
of a calendar month, we will send you a check
for the fees earned during the previous month.
For example, checks will be written by February
15th for money earned during the month of January.
However, if the fees payable to you for any calendar
month are less than $20, we will hold payment
until the total amount due is at least $20.
c) Bad debt/Reveral. Credit card chargebacks, bad checks,
fraud, and other bad debt will be applied to and debited from
your account. If you have already been paid for a reversed
commission and do not have enough earnings in your account
to offset the reversal,
you may be required to repay the amount you owe.
d) Reporting. Statements of activity will be available
for you to view through special management areas on the EPage
Site. The management area on our site will allow you to view
pageviews, clicks, and money earned for the current calendar
month as well as the previous calendar month.
All statements shall be deemed correct 30 days after the end
of a calendar month unless Affiliate gives EPage notice of
any error prior to that date. EPage shall not be liable for
any errors you, your customers, or any referred users make
which result in any loss of any tracking information contained
in our special link. To protect EPage's customers' privacy,
the names or other personal information about specific members
and Affiliates you refer will not be provided to you.
- Links.
We will provide you with guidelines and graphical
artwork to use in linking to our site. To permit
accurate tracking, reporting, and referral fee accrual,
we will provide you with HTML Code (JavaScript as
well as special link formats) to be used in all links
between your site and our site. You must ensure that
each of the links between your site and our site
properly utilizes such special link formats. Links
to our site placed on your site pursuant to this
Agreement and which properly utilize such special
link formats are referred to as "Special Links." You
will earn commissions only with respect to activity
occurring directly through Special Links; we will
not be liable to you with respect to any failure
by you to use Special Links, including to the extent
that such failure may result in any reduction of
amounts that would otherwise be paid to you pursuant
to this Agreement. You
may provide on your site one or more of the following
types of links to our site:
a) JavaScript: Affiliates can display ad content directly
on their Web sites with advanced JavaScript code we provide.
We provide instructions to customize the look of this code
to help you better integrate it with your own Site. This code
cannot be modified in any way.
b) Advertising Links: You can host graphical or text
advertising to send potential customers to EPage.
We will provide you with a few lines of HTML that you can use
for graphical and text links that we create. In addition, you
may create your own graphical or text links to send customers
to EPage. These links may not misrepresent EPage or our service
in any way. Your account will be subject to termination if
any inappropriate links are not changed within five (5) days
of notice. You will be solely responsible for ensuring that
your customized link includes your unique affiliate code and
is formatted properly, a necessary prerequisite for EPage to
track such sales.
c) General Link to EPage Home Page: You may provide
a general link on your site to our home page at http://www.EPage
if you want.
You can add or remove links at any time: You
may select and link to additional pages, or remove
such links, at any time and without EPage's prior
approval. However, you must use the correct special
link format EPage would provide to you in order
to receive proper credit for your referrals.
No mirroring: Affiliate shall not frame
the EPage website, or use functionally similar
technologies in connection with the EPage website.
No redistribution of EPage content: You
may not sell, redistribute, sublicense or transfer
all or any portion of the EPage content.
No Storage: You may not store any EPage
content in any database, or network of servers,
or other repository, either with or without a
central location, which enables others to share
the EPage content.
No Refresh or False Traffic: You may not
place any EPage HTML code on a page that automatically
refreshes or purports to give you large amounts
of site traffic.
- Earnings Tracking.
We use in-house software to track all activity of users referred
to our site. This tracking includes, but is not limited to
URL tracking, session tracking, cookies, and database records.
a) Order Processing: EPage will exercise commercially
reasonable efforts to process every order placed by a customer
who utilizes the special link from your Web Site to the EPage
web site. EPage will process order forms, payment processing,
cancellations, returns, and related customer service. All of
the EPage rules, operating procedures and policies regarding
customer orders and accounts will apply to orders EPage receives
through the special link from your Web Site. EPage reserves
the right to reject any order for any or no reason, including
any order that does not comply with EPage's rules, operating
procedures and policies or that violates applicable law.
b) Order Tracking: EPage will track orders made by customers
who use the unique affiliate code from your Web Site. You will
be solely responsible for ensuring that your special link includes
your unique affiliate code and is formatted properly, a necessary
prerequisite for EPage to track such sales.
c) Referral Tracking: EPage will track all IDs referred
to the Network, and associate them with your ID if
the user was sent through a link with your unique affiliate
code from your Web Site. All earnings will be calculated
based on the ID of the first person to refer a user to EPage.
For example, Affiliate A refers user X who registers with EPage,
even for a non-paying service. Then affiliate B later independently
sends user X to EPage and user X immediately posts a classified
ad and makes a payment. Affiliate A will earn the referral
commission as the original referring affiliate. You will be
solely responsible for ensuring that your special link includes
your unique affiliate code and is formatted properly, a necessary
prerequisite for EPage to track such sales.
- Your 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;
- inserting EPage code for each JavaScript or graphical
or text advertisement you wish to host on your
pages;
- the accuracy and appropriateness of materials
posted on your site;
- 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); and
- ensuring that materials posted on your site are
not libelous or otherwise illegal
- EMail.
You may not use the Special Links in a commercial
electronic mail message as defined in the CAN-SPAM
Act of 2003. For clarification, this does not prohibit
you from sending transactional or relationship
messages as defined in the Act. EPage reserves
the right to collect, withhold, or cancel any and
all compensation related to the use of the Special
Links in commercial electronic mail messages.
- Modification.
From time to time, we may modify the terms and conditions contained
in this Agreement. We agree to make these changes in good
faith - this agreement will never be altered merely to avoid
paying commission. We will notify you by email of any substantive
changes to the terms of this Agreement. Modifications may
include, for example, changes in the commission schedule,
any bonus payments, payment procedures and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, PLEASE CONTACT
US WITHIN THIRTY (30) DAYS OF OUR EMAIL NOTICE TO YOU. IT
MAY BE THAT YOUR ONLY RECOURSE WILL BE TO TERMINATE THIS
AGREEMENT, BUT WE WOULD LIKE TO DISCUSS YOUR CONCERNS BEFORE
THAT HAPPENS. IF YOU DON'T CONTACT US WITHIN 30 DAYS OF OUR
EMAIL NOTICE, WE WILL ASSUME THAT YOUR CONTINUED PARTICIPATION
IN THE PROGRAM MEANS THAT YOU HAVE ACCEPTED THE CHANGE.
- Press and Communications.
Any communication must accurately identify that you are participating
in the "EPage Affiliate Program."
a) Any communication must clearly and accurately describe the
nature of your participation in the EPage Affiliate Program:
your communication must not create confusion or misrepresent
the nature of your or any other participant's participation
in the EPage Affiliate Program.
b) You may, without our prior consent, say that you have become
an EPage Affiliate, and/or that you have joined or become a
member of the EPage Program in any communication.
- ARBITRATION
a) Any and all claims by and/or disputes between EPage and
you arising out of and/or relating in any way to the subject
matter of this Agreement shall be submitted to binding arbitration,
in accordance with the Rules of the American Arbitration
Association or another alternate dispute resolution service
in the State of California. The binding arbitration shall
be governed by the laws of the State of California.
b) Arbitration under this Agreement shall be commenced by the
complaining party's service of written notice of intent to
arbitrate on the other party to this Agreement (the "responding
party"), which notice shall specifically set forth the
full nature and extent of the claim and/or dispute to be arbitrated,
and the name, address and telephone number of an arbitrator
selected by the complaining party to act as an arbitrator of
the claim or dispute. Within thirty days from the date of this
notice, the responding party shall send a written response
to the claim and/or dispute to the complaining party, along
with the name, address and telephone number of an arbitrator
selected by the responding party to act as an arbitrator of
the claim or dispute, if the responding party does not agree
with the selection of arbitrator provided by the complaining
party. If the parties have mutually agreed to a single arbitrator,
or if the responding party fails to provide the name of an
arbitrator, the complaining party shall submit all documents
required by its selected arbitrator to commence the arbitration
proceeding. If the parties have not mutually agreed to a single
arbitrator, and the responding party has submitted the name
of an arbitrator, the complaining party shall submit the name
of the arbitrator it selected and the name of the arbitrator
selected by the responding party to the American Arbitration
Association, or other alternate dispute resolution service
as set forth above, with instructions that these two selected
arbitrators are to select a third arbitrator, and thereafter
all three arbitrators shall proceed to hear and decide the
arbitration proceeding. It is the responsibility of the complaining
party in each instance to take all actions required to commence
the arbitration proceeding within ninety (90) days of the date
of receipt of responding party's response, or within one hundred
twenty (120) days of the date of the complaining party's notice
written notice of intent to arbitrate if responding party fails
to send a response. If the arbitration proceeding is not commenced
within these time periods, all rights to pursue to the claim
or dispute are deemed to have been waived. All costs of commencing
the arbitration proceeding shall be borne by the complaining
party, subject to later reimbursement, in whole or in part,
in accordance with the other provisions of this Agreement.
c) All of the provisions of California Code of Civil Procedure §1283.05,
and/or any other statute of similar substance and effect, is
expressly incorporated into, and shall apply to, this Agreement
with respect to permissible discovery in the arbitration proceedings
provided for under this Agreement.
d) The decision of the arbitrator(s) shall be binding on the
parties, and may be entered as a judgment in a Court of competent
jurisdiction, in the County of Los Angeles, State of California
in accordance with the provisions of the California Code
of Civil Procedure and any like law, statute, and/or statute
of California or any State of the United States of America,
or the United States of America. The judgment so entered may
then be fully enforced by the prevailing party in the arbitration
in the same manner as any judgment rendered by a Court of competent
jurisdiction.
- Term and Termination.
The term of this Agreement will begin upon our acceptance of
your 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
written notice of termination. Upon the termination of this
Agreement for any reason, you will immediately cease use
of, and remove from your site, all links to our site, and
all EPage trademarks, trade dress, and logos, and all other
materials provided by or on behalf of us to you pursuant
hereto or in connection with the Program. Fees earned through
the date of termination will remain payable.
a) Termination for Cause. EPage will have the right
to terminate this agreement for cause if:
- You breach any material term or condition
of this agreement and fail to cure such breach
within five (5) days after receipt of written
notice of the same;
- You are found to have participated in mass
unsolicited emailings (i.e. spamming);
- Your site promotes sexually explicit material;
- Your site promotes violence;
- Your site promotes discrimination based
on race, sex, religion, national origin,
physical disability, sexual orientation or
age;
- Your site promotes illegal activities;
- Your site contains defamatory, libelous,
harmful material or otherwise infringe upon
the rights of any third parties;
- Your site otherwise violate intellectual
property rights;
- Your site contains no original content;
- Your site is predominantly advertisements
(banner farm);
- Your site uses excessive automatic page
refreshes; or
- Your site uses any other method that may
lead to artificially high numbers of impressions
or clicks.
Termination for cause will cause you to forfeit
any and all earnings through the Program, including
future earnings from entities you referred.
b) Termination without cause. If we terminate this relationship
without cause, we will owe you only for those sales that have
been unpaid up through the date of termination. However, you
will continue to receive commissions on second-tier affiliate
sales that signed up under you when you were an affiliate.
In addition, you may choose to end the relationship entirely
and "cash out," by notifying us (either by email
or in writing), whereby we pay you all amounts owed, even if
less than the minimum threshold for payment. There will be
a $10 processing fee applied prior to payment, and your check
will be sent within thirty (30) days of receipt of your request.
However, should you "cash out," we will not be required
to pay future commissions, if any, for second-tier affiliate
sales.
- Limitation of Liability.
EXCEPT WITH RESPECT TO ANY LIABILITY OF EITHER PARTY TO THE
OTHER PARTY ARISING ELSEWHERE IN THIS AGREEMENT HEREUNDER:
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOSS OF PROFITS,
REVENUES OR DATA, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES
- No other Warranties.
THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU
OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR EXCLUSIVE
REMEDY, AND PROVIDER'S ENTIRE LIABILITY WITH RESPECT TO THE
TECHNOLOGY AND THE SITE, SHALL BE AS SET FORTH HEREIN. YOU
FURTHER AGREE THAT PROVIDER SHALL NOT BE LIABLE TO YOU FOR
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE,
THE TECHNOLOGY OR THE SITE, OR THE BREACH OF ANY WARRANTY
OR REPRESENTATION CONTAINED IN THIS AGREEMENT.
- Jurisdiction.
This Agreement shall be deemed to have been made in, and shall
be deemed to be required to be performed in, the County of
Los Angeles, State of California, United States of America.
This Agreement shall be governed by and construed under California
law. You expressly agree to submit to the jurisdiction of
the courts of the County of Los Angeles, State of California,
in the event of any legal action brought under or arising
from this Agreement, including, but not limited to, the entry
of judgment on an arbitration award as provided for under
this Agreement.
- General Provisions
a) Web Site service interruption: EPage will make every
effort to keep its Web site operational. However, certain technical
difficulties may, from time to time, result in temporary service
interruptions. The Participant agrees not to hold EPage liable
for any of the consequences of such interruptions.
b) Independent Contractors. The parties to this Agreement
are independent contractors, and no agency, partnership, franchise,
joint venture or employee-employer relationship is intended
or created by this Agreement. Neither party may take any actions
which are binding on the other party. Without limiting the
foregoing, Provider shall not make any representations or warranties
to third parties on behalf of Brander.
c) Independent Investigation. You acknowledge that you
have read this agreement and agree to all of 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 yours. 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.
d) Contact. Should you have questions, problems, or
concerns about the handling of your affiliate status, you may
contact EPage at any of the numbers or addresses below. While
all problems cannot be resolved to everyone's satisfaction,
we promise to do our best to treat you fairly and openly in
all transactions.
Email: waller@EPage
Phone: 310.316.7424
Fax: 310.316.7624
Mailing address:
EPage, Inc.
Riviera Center Suite 203
1815 Via El Prado
Redondo Beach, CA 90277
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Copyright
1994-2003, EPage®
EPage® is a registered trademark of EPage
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