This agreement describes the entire terms and conditions for participation in Prepress Affiliation Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Prepress. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Image Online Pvt. Ltd. Pvt. Ltd. and the terms "product" or "products" refer to Prepress.
You can add or remove links at any time:
You may add as many links to Prepress, or remove such links, at anytime and without prior approval from Image Online Pvt. Ltd..
Referral Fee Qualifying Products :
Prepress sold by Image Online Pvt. Ltd. originating from a special link or links at your sponsoring website qualify to earn you referral fees.
The following products will be considered "qualifying products":
Products that meet the following criteria:
Products sold to customers who follow a special link from your sponsoring website to our site and submit that order by using Prepress order forms.
The following products will not be considered qualifying courses for referral fees:
Products sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website.
Referral Fee Amount:
The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Image Online Pvt. Ltd. shipped/sent to a customer and for which Image Online Pvt. Ltd. has received full payment will qualify for a referral fee.
The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule :
Prepress: 12% referral fee for online orders. First Referral Fee will be paid only after you reach 3 Sales.
For example - You generated 3 sale first month & 3 sale next month, you will receive first check for 6 sales @ 12% each.
Referral Fee Payment:
Image Online Pvt. Ltd. will send a referral fee check for the applicable referral fee approximately 5 days after the 1st of each calendar month provided 3 Sales generated first time. Later Payment will be made approximate 5 days after the 1st of each calendar month even if 1 Sale generated.
A statement of customer purchase activity to the Participant will be sent each quarter of the calendar year.
Returns and Cancellations: If a referral fee qualifying Prepress is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
Order Processing:
Image Online Pvt. Ltd. will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Image Online Pvt. Ltd. secure online ordering process, Image Online Pvt. Ltd. phone line, or Image Online Pvt. Ltd. mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer services are the responsibility of Image Online Pvt. Ltd..
All of the rules, operating procedures and policies of Image Online Pvt. Ltd. regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Image Online Pvt. Ltd. reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales:
Image Online Pvt. Ltd. will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of Prepress sales activity will be provided to the Participant in real-time with a special URL that they are assigned.
Promotional Techniques:
You are free to promote the link to Prepress in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote Prepress are through banners, text links, letters of recommendation to newsletter subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer Prepress on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of Image Online Pvt. Ltd..
References/Testimonials:
You agree to cooperate with Image Online Pvt. Ltd. in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collateral and make reference to you on our website.
Copyrighted material:
As the Participant, you are solely responsible for ensuring that your reviews, Prepress descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Image Online Pvt. Ltd. will not be responsible if you use another party's copyrighted material in violation of the law.
Image Online Pvt. Ltd. policy applies to all orders:
Every customer who buys a product through this program is deemed to be a customer of Image Online Pvt. Ltd.. The Participant does not have the authority to make or accept any offer on behalf of Image Online Pvt. Ltd.. All Image Online Pvt. Ltd. policies regarding customer orders, including product availability, pricing and problem resolution will apply to these customers. Image Online Pvt. Ltd. is not responsible for any representations made by the Participant, which contradict our policies.
Product prices and availability:
The price charged for every product sold under this program will be determined by Image Online Pvt. Ltd. according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Prepress webpage linked from your sponsoring website.
Product availability can change, and Image Online Pvt. Ltd. will present the best information available to all sponsoring sites and its clients regarding product availability.
Website service interruption:
Image Online Pvt. Ltd. will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Image Online Pvt. Ltd. liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents:
You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services
Term of the Agreement:
The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Image Online Pvt. Ltd., and shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified:
Image Online Pvt. Ltd. reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
Cancellation of this agreement:
Either Image Online Pvt. Ltd. or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer:
Image Online Pvt. Ltd. makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Image Online Pvt. Ltd.'s then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages:
Image Online Pvt. Ltd. shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Image Online Pvt. Ltd. has been advised of the possibility of such damages. Further, Image Online Pvt. Ltd.'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Image Online Pvt. Ltd. to Participant under this agreement.
Miscellaneous:
Participant and Image Online Pvt. Ltd. are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Image Online Pvt. Ltd.. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law:
This agreement shall be governed by the laws of the India without reference to its choice of law principles. |