To be an authorized affiliate of Deerfield.net, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering as a Deerfield.net affiliate. By signing up for the Deerfield.net affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
1. Enrollment in this Program. To begin the enrollment process, you will submit a completed Program Application through our website. Your application will be reviewed and you will receive notification via email of your acceptance or denial into the program. 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").
2. Utilizing Links on Your Site. As an affiliate website of Deerfield.net, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. 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 will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Deerfield.net trade names, service marks, and/or logos for display on your Affiliate Site. 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 Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Deerfield.net. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
3. Commissions. We will pay you a commission based on below structure:
- New VisNetic MailFlow sale: 10%
- New Deerfield Priority Support Contract: 10%
The Commission Rate is subject to change from time to time, upon email notice to you and commencing the 30-days following such notice.
4. Commission Payment. Commissions due and owing to you under the Program will be paid to you directly by Deerfield.com. Payments will be in the form of check. Payments will be made once your eligible balance reaches $100. There will be a 30 day hold from the time of a qualifying sale, and the time you are eligible to be paid on that sale. If during the 30 day hold the Referral takes advantage of our 30 day money back guarantee your commission will be forfeited. No commission will be paid for purchases by you or anyone within your organization. If your referral uses another Deerfield discount coupon, your payout will be deducted by the promotion percentage (ex. referral uses a 10% promotional coupon on the MailFlow package; our payout would be $90 instead of $100. Which is minus the 10% promotional discount).
5. 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 Program if we believe you have engaged in any of the following:
- Unsolicited mass email solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or otherwise violate the anti-spamming policies of Deerfield.net or state law;
- Provide inaccurate or incomplete information to Deerfield.net concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead Deerfield.net in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
6. Term of the Agreements. The term of this Agreement will begin upon our acceptance of your 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. Notice by email, to your email 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.
7. Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site of a change notice of a new agreement, 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 Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
8. Relationship of Parties. You and Deerfield.net 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 Section. You are not an agent of the Deerfield.net and Deerfield.net expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
9. 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 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.
10. Disclaimers. We make no express or implied warranties or representations with respect to the Affiliate Program or other items sold through the Program (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.