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Affiliate Program online at Action Salvage
Affiliate
Program Operating Agreement
This Agreement, made and entered by and between "Action Auto Wreckers d/b/a
ActionSalvage.com" or "we", a New York Corporation, and you, the affiliate
("you" or "Affiliate"), contains the complete terms and conditions that
apply to your participation in the Action Auto Wreckers Affiliate Program
(the "Affiliate Program" or "Program")
Enrollment in the Program
You will submit a complete Affiliate Program application from our site.
After we review your application and website , we will notify you of your
acceptance or rejection to the Program. We may reject your application (at
our sole discretion) if we feel your site is unsuitable or inconsistent with
the mission of Action Auto Wreckers. If your site is accepted, Action Auto
Wreckers may terminate this Agreement anytime thereafter if your site is
determined (at our sole discretion) to be unsuitable for the Program.
Promotion of Our Affiliate Program
Upon your acceptance as an Affiliate Site, we will make available to you a
variety of graphic and textual links (the "Links"), which, subject to the
terms and conditions hereof, you may display as often and in as many areas
of your site as you desire. The Links will serve to identify your site as a
member of our Affiliate Network and will establish a link from your site to
ours.
Action Auto Wreckers Agrees To:
Pay Affiliate 5% per Action Auto Wreckers sale that you refer from your
site. No fees shall be payable if a visitor leaves the Action Auto Wreckers
site without filling out the form fully (including the following fields:
e-mail address, member name, password, city/town of birth, first name, last
name, street address, city, state, and zip code).
Affiliate Agrees To:
Remove all links regarding promotions on the date such promotions end, and
agree to forfeit any commissions earned after the end date of the promotions
if you continue to post such links.
Place Action Auto Wreckers Links on your site.
Have sole responsibility for the development, operation, and maintenance of
your site and for all the materials that appear on your site.
Ensure that all materials posted on your site are not illegal and do not
infringe on the rights of any person or entity of any kind. We disclaim all
liability for all materials on your site.
Indemnify, defend, and hold us harmless from all claims, damages, and
expenses relating to the development, operation, and contents of your site.
Make sure that your site does not copy or resemble the look and feel of
Actionsalvage.com or create the impression that your site is our site or a
part of our site.
Submit the URLs for all sites you plan to use to promote Action Auto
Wreckers via e-mail to affiliate@actionsalvage.com.
Publicity
You shall not create, publish, distribute, or permit any written material
that makes reference to us without first submitting such material to us and
receiving our consent.
Confidentiality
Except as otherwise provided in this Agreement or with the consent of the
other party hereto, each of the parties hereto agrees that all information,
including, without limitation, the terms of this Agreement, business and
financial information, customer and vendor lists, and pricing and sales
information, concerning us or you, respectively, or any of our Affiliates
provided by or on behalf of any of them shall remain strictly confidential
and secret and shall not be utilized, directly or indirectly, by such party
for its own business purposes or for any other purpose except and solely to
the extent that any such information is generally known or available to the
public through a source or sources other than such party hereto or its
affiliates.
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 Network, 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.
Limited License
We grant you a nonexclusive, nontransferable, revocable right to access
Action Auto Wreckers site through the Links solely in accordance with the
terms of this Agreement, for the sole purpose of linking your site to
Actionsalvagecom, solely for the purpose of identifying your site as a
participant in the Program. You may not alter, modify, or change the Links
in any way. You are only entitled to use the Links to the extent that you
are a member in good standing of the Action Auto Wreckers Affiliate Program.
We may revoke your license anytime by giving you written notice by Email or
First class postal mail service.
Diversion of commissions (parasite software)
We will not accept sites or allow any affiliate sites that contain software
downloads that potentially enable diversions of commissions from other sites
in our program. Further, such activity will be logged and reported the
Federal Bureau of Investigation (FBI) under the Federal computer fraud &
abuse act 18 U.S.C.1030.
Trademarks and other Intellectual property
Action Auto Wreckers is a federally licensed Trademark and it use is
strictly enforced to be used only in conjunction with the sale of product
through the ActionSalvage.com web site by affiliates in good standing
An affiliate agrees not to purchase or bid for (PPC)* placement of any of
Action Auto Wreckers licensed trademarks or company names. These names
include: (Action Auto Wreckers and any permeation or misspellings of the
trademarked name. This includes their use in Meta Tags or other HTML
language.
PPC terms of use.
Affiliates are allowed to use trade marks in the PPC ads!
Affiliates can direct link to www.ActionSalvage.com
Please do not bid above our ads!!
Affiliates CAN use terms discount, coupons, etc.
.Ownership and License
We hereby grant you a limited, non-exclusive, nontransferable, non-sub
licensable, revocable right to use the graphic images and text we are
providing to you solely for the purpose of creating links from your site to
ActionSalvage.com. You may not modify the graphic image or text, or any
other of our images, in any way, or engage in "site framing" or similar
processes. We reserve all of our rights in the graphic image and text; any
of our trade names, trademarks, domain names, copyrights trade dress and any
other intellectual property rights. You agree to follow our guidelines for
use of our trademarks, as those guidelines may change from time to time, in
addition, you agree not to use our trademark in any search engine keyword
optimization. We may revoke your license at any time by giving you written
notice. You also agree that you shall use the Tagged Links only in order to
link to our site and to promote your ability to do so pursuant to this
Agreement. You agree that you shall not present the Tagged Links or any
images comprising them in combination with any other name or mark, in
connection with your own goods or services, or in any manner that may
suggest or imply that you or your goods or services are supplied by,
sponsored by, endorsed by or affiliated with us.
Disclaimers
We make no express or implied warranties or representations with respect to
the Action Auto Wreckers Web site or the Action Auto Wreckers Affiliate
Program (including, without limitation, warranties of fitness,
merchantability, non-infringement, or any implied warranties arising out of
course of performance, dealing, or trade usage). In addition, we make no
representation that the operation of Action Auto Wreckers.com site will be
uninterrupted or error-free, and we will not be liable for the consequences
of any interruptions or errors.
Termination
The terms of this Agreement will begin upon acceptance of your application.
This Agreement shall commence on the date of approval of your Affiliate
Program application and shall continue thereafter in full force and effect
until terminated at any time by either party by giving the other party
written notice of termination. Upon 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 Action Auto Wreckers 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.
Modifications
We may modify any of the terms and conditions of this Agreement at any time.
You will be notified by Email, and a change notice may be posted on our
site. If the modifications are unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in this Affiliate
Program after a change notice has been posted will constitute binding
acceptance of the change.
Anti-Spam Policy
Affiliates will be removed from the Action Auto Wreckers Affiliate Program
and forfeit any pending commissions if they are caught spamming. Spamming is
not allowed and will not be tolerated!
Independent Contractors
You and Action Auto Wreckers d/b/a ActionSalvage.com 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.
Representations and Warranties
You hereby represent and warrant to us as follows:
1. This Agreement has been duly and validly executed and delivered by you
and constitutes your legal, valid, and binding obligation, enforceable
against you in accordance with its terms.
2. The development, operation, and contents of your site do not infringe
upon the copyright, trademark, or any other right of any person or entity.
Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms
and conditions. You have independently evaluated the desirability of
participating in the Action Auto Wreckers Affiliate Program and are not
relying on any representation, guarantee, or statement other than as set
forth in this Agreement.
Fraud
If you commit fraud or falsify information in connection with the
registration of members in Action Auto Wreckers through the Links on your
site, this Agreement will be terminated immediately. In addition, you will
be liable to Action Auto Wreckers for any and all damages that Action Auto
Wreckers suffers as a result of such actions. You will also be responsible
for returning to Action Auto Wreckers all commissions received for
fraudulent/falsified sales, and we will not hesitate to pursue all legal
causes of action against you to the fullest extent possible under the law.
Assignment
This Agreement and the rights and obligations hereunder may not be assigned
by you without prior written consent of Action Auto Wreckers.
Reservation of Rights
Action Auto Wreckers may terminate this Agreement at any time if your site
is determined (at our sole discretion) to be unsuitable for the Program,
even if your site has not changed since the time that your Affiliate Program
application was accepted. Action Auto Wreckers also reserves the right to
monitor Affiliate sites at any time to determine whether they are in
compliance with this Agreement.
Governing Law
This Agreement will be governed by the laws of the United States and the
State of New York, county of Nassau without reference to rules governing
choice of laws. Any action relating to this Agreement must be brought in the
federal or state courts located in Nassau County, New York, 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 a provision or any other provision
of this Agreement.
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If you agree to the terms and conditions
herein submit your website for approval |
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