SiteSolutions.Com®

SiteSolutions.Com Broker Affiliate Program Agreement

This agreement describes the entire terms and conditions for participation in the SiteSolutions.Com Broker Affiliate Program. Participants are anyone or company who chooses to abide by the terms and conditions contained within this agreement. The term "Broker Affiliate" refers to you (the applicant), and "referring Web site" refers to the Web site, link or banner from which you will link to SiteSolutions.Com's web site. Wherever the agreement refers to "you" or "your", it means the "Broker Affiliate"; "SiteSolutions.Com", "we", "our", or "us" refer to SiteSolutions.Com, a wholly owned subsidiary of Online Fulfillment Corporation, a California Corporation.

Link: You must provide a link from your Web site or other form to our web site at http://www.sitesolutions.com.

Qualifying Services: Purchase of qualifying services under the terms and conditions set forth herein by referred customers referred via a properly configured link on your web site linking to our site will earn referral fees payable to you subject to the terms and conditions contained herein. The following service(s) qualify for referral fees under this agreement:

  • SiteSolutions.Com: Prepaid Web Site submission services

The following services and situations do not qualify for referral fees:

  • Meta tag programming
  • Third party services resold by us.
  • Third party services bundled with our services.
  • Our services purchased by you for use on a site wholly or partially owned by you.

We may at any time and in our own discretion, change the services that qualify for referral fees.

Referral Fees are earned and payable under the following terms and conditions:

  • Our Broker Affiliate program pays referral fees for qualifying sales made through 1) our properly configured link or banner displayed on pages contained within your web site(s) and/or 2), on sales made through our properly configured link or banner displayed on other web sites where the owner of that web site has become a Broker Affiliate of SiteSolutions.Com and who, via broker code tracking that they came to us via your broker coded link or banner displayed on your web site(s). You will receive referral fees on sales made by your qualified down-line members up to a maximum level of 3 layers below you.

    DOWNLINE EXCLUSIONS SPECIFICALLY EXCLUDED FROM YOUR DOWN LINE ARE ANY AND ALL WEB SITES IN WHICH THERE EXISTS ANY TYPE OF OWNERSHIP POSITION HELD BY YOU, OR WHERE A COMPANY OR ANY OTHER FORM OF ENTITY, IN WHICH YOU HAVE A VESTED INTEREST, HAS ANY TYPE OF VESTED INTEREST IS SAID DOWN LINE COMPANY. ANY BROKER AFFILIATE FOUND TO BE VIOLATING THIS CLAUSE SHALL BE TERMINATED IMMEDIATELY FROM THE BROKER AFFILIATE PROGRAM. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF YOU ARE FOUND TO BE IN VIOLATION OF THIS CLAUSE THAT AS PENALTY FOR SAID VIOLATION THAT YOU HEREBY RELINQUISHE ANY AND ALL RIGHTS TO COMMISSIONS THEN DUE OR TO BECOME DUE TO YOU AND THAT SAID FUNDS ARE HEREBY SURRENDERED TO US WITHOUT FUTURE CONSIDERATION OR COMPENSATION OF ANY KIND AND THAT NO APPROVAL FOR SURRENDER OF SAID FUNDS IS REQUIRED BY YOU I ORDER FOR US TO EXERCISE THIS CLAUSE AND PENALTY.

  • The customer must have been referred to us through a properly configured banner or link. Customers referred to us by any other method including word of mouth, or by an improperly configured link on your part or are not eligible referrals, and will not count as commissionable transactions therefore no referral fees will have been earned or payable.

  • NO SPAMMING ALLOWED

    nospam.gif - 1065 Bytes Any Broker Affiliate found to be sending SPAM or Unsolicited Email with the intent of offering SiteSolutions.Com free services or paid for services will be immediately terminated from the SiteSolutions.Com Broker Affiliate Program. We appreciate the need for marketing but Spamming causes so much retaliation due to it's numerous negative effects on the Internet as a whole that we cannot permit that type of marketing with regard to our products or services. Thank you for your cooperation and understanding in this area.

  • SPECIAL NOTE: You agree and understand that you are solely and exclusively responsible for the proper configuration of your text or banner link to our site. If for any reason it is not configured properly, you will NOT receive referral commissions as it will be impossible for us to track any referrals made thru your links or banners. In addition, the holds true for the links and banners of your down-line members. They too are responsible for the insertion and maintenance of a properly coded link or banner. If for some reason theirs is not properly programmed, they will not receive referral payments nor will anyone in their entire up-line as it is impossible to track the sale. There are some software packages which when saving a web page will replace & in the syntax with &. This change in syntax will totally destroy any banner tracking capability and therefore all clickthrus generated by your banner will NOT provide commissionable sales. The & must not be allowed to change to a & in the syntax (programming code). One such software package is Microsoft's Frontpage. If your software does make this type of change, you need to get into the source code and correct the & back to the original &.

  • Cookies: To further track parties referred by a properly configured banner, we attempt to issue cookies to their system. If the visitor was referred by a properly configured banner at your web site or that of your down-line members and the visitor accepts cookies then the issued cookie will contain your Broker Affiliate Number and have a life span of 365 days. If the visitor does not accept cookies then it is impossible for us to associate your BRA account number with that visitor. Therefore no commissions will be due and payable on that sale.

  • If a party which was referred to us by your banner eventually makes their purchase through another BRA's banner, the BRA who's banner was last used to access our system when the eventual purchase was made is the BRA who will receive credit for the sale.

  • Referral fees will be payable on purchases where we have received payment and said payment has cleared our bank.

  • Referral fees are payable on the initial submission purchases made through your properly configured banner.

  • Referral fees: RESIDUAL INCOME: This means that you will receive income every time one of our customers who signs back up for additional years of service with our firm, and who originally signed up for our service via our link/banner on your web site or that of one of your down-line members. See the referral fee schedule at http://www.sitesolutions.com/com_sched.asp for specific payout amounts.

  • Referral fees will not be paid on any sales tax charges, if any, included in the sale of a SiteSolutions.Com service.

  • Referral Fee Payment: SiteSolutions.Com will send a referral fee check payable in U.S. funds for the applicable referral fee(s) (less any taxes required to be withheld under applicable law) on or about the 1st of the 2nd month following the actual month of the sale. Meaning, for a sale made in January, you will receive your referral fee on or about the 1st of March. The check will have a check sent along with it providing you the details of the sales activities of your site and that of your down-line members.

    Checks will be generated when the total amount of the check exceeds $100.00. If the check does not meet that minimum, then the funds will be held until such time as the balance reaches this amount at which time a check will be generated for you. This is done in an effort to help reduce cost of administration of the Broker Affiliate program.

  • IRS Forms: All Broker Affiliates participating in this program who are located within the United States or its territories are required to complete, sign and return an IRS Form, W-9, before SiteSolutions.Com can or will disburse any commission payments to Broker Affiliate.

  • Returns and Cancellations: If a qualifying service is later cancelled by the customer where the customer requests a refund, or where the customer stops payment under any circumstances, the related referral fee already then paid to you will be deducted from the next payment to you. If there is no next payment, you will be billed at which time you agree to pay the commission back to us within 10 business days. If any collection costs are incurred to collect the previously paid commissions, you agree to pay any and all related collection costs associated therewith.

    Order Processing: We will be solely responsible for processing every order placed by a customer following a properly configured link from your Web site.

    All of the rules, operating procedures and policies of SiteSolutions.Com regarding customer orders and accounts will apply to orders we receive through the referral link from your or your down-line's web sites.. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

    Tracking of Sales: We will be solely responsible for tracking sales made to customers who have followed a properly configured link on your site or that of your down-line. You will be solely responsible for ensuring that the link is formatted properly (a necessary prerequisite to tracking such sales).

    To protect our customer privacy, the names or other personal information about specific customers will not be provided to you.

    Our Policies Apply To All Orders: Every customer who buys one of our services through this program is then deemed to be a customer of SiteSolutions.Com with regard to the product purchased from us. You do not have the authority to make or accept any offer on our behalf except where expressly agreed to in writing provided and signed by a duly authorized officer of Online Fulfillment Corporation. All of our policies regarding the customer orders will apply to these customers. We are not responsible for any representations made by you which contradict or conflict with our policies.

    Service Prices: The price charged for every service sold under this program will be determined by us according to our own pricing policies. Service prices may vary from time to time. You may not specify service prices in your descriptions except where duly authorized by us to do so. Said authorization is to be in written form and signed by an authorized officer of SiteSolutions.Com, Online Fulfillment Corporation.

    Displaying Our Name, Logo or Banner On Your Web Site: You are encouraged to display our text links or banners on your site in as many appropriate places as possible. You may display our Logo, name or mention that you are a Broker Affiliate Program Participant as long as we have authorized you to do so. We expressly reserve all rights title and interests in or to our service marks, copyright and other owned properties both real and intellectual.

    You may not display our name, link, button, banner, or image in any way that may defame the SiteSolutions.Com or Online Fulfillment Corporation name or brand.

    You may provide additional text explaining our services that encourage customers to purchase our services. All text provided by you for this purpose is subject to acceptance, review, and correction by us. All corrections requested by us shall be made within 3 business days from the date of request.

    Restrictions On Personal Use: This program is intended to generate sales from 3rd parties. We will not pay nor will a commission be due you for sales made where our services are being purchased for use on a web site owned wholly or in part by you or by an entity in which you have a vested interest. Broker Affiliates who use this program to purchase services for their own use are in violation of this agreement and are then subject to losing all their present and future rights to any earnings from either their own web site's sales or that of their then down-line members.

    Web Site Service Interruption and Tracking Failures: We will make every effort to keep our web site(s) operational and to track customers who browsers are set to accept cookies and that follow properly configured links or banners on your web site and those of your down-line members. However, certain technical difficulties may, from time to time, result in temporary service and tracking interruptions. You agree to hold us harmless and not liable for any consequences financial or otherwise due to such interruptions and we agree to make our best efforts to limit said interruptions or tracking failures.

    The Agreement May Be Modified: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change(s) by you.

    Term And Termination Of Agreement: The term of this Agreement will begin upon your acceptance of our Broker Affiliate Terms and Conditions and the successful completion of your Broker Affiliate Application, and our acceptance of same. The Term of the Broker Affiliate Program 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. You are only eligible to earn referral fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if they satisfy the Terms for Qualified Referrals.

    Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying services are not cancelled or refunded by the referred Customers. Payment of the final referral fee payment to the Broker Affiliate may be withheld for a reasonable time in order to ensure that we have had an opportunity to collect the correct amount on sales where commissions remain unpaid to you and to be assured that there will be no charge-backs against said sales.

    Warranty Disclaimer: We make no warranties, representations or conditions with regard to the program or, except as expressly set forth in our then current service licenses.

    Limitation of Damages: We shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue, profits or data arising under or with respect to this agreement or the program, even if we have been advised of the possibility of such damages. Further, our 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 us to you under this agreement.

    Independent Investigation: You acknowledge that you have read this agreement and agree to all 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 your web site. 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.

    Miscellaneous: You and we are independent contractors and nothing in this agreement is intended to or will create any form of legal employment, joint venture, agency, franchise, sales representative or employment relationship between the parties. You shall not assign this Agreement, by operation of law or otherwise, without first receiving our written consent by a duly authorized officer of our corporation. Subject to the foregoing restriction, this agreement is binding upon, inures 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 United States and the State of California without reference to its choice of law principles. Venue for any disputes that may result from this Agreement shall be in the courts of the County of Placer, California, in the United States of America. You hereby submit yourself to the jurisdiction of the State of California and venue in the County of Placer and hereby waive any and all rights to protest or change jurisdiction and venue with regard to any and all disputes. 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.

    Confidentiality: Any information provided under this Agreement shall be used solely pursuant to the terms and conditions set forth in this Agreement. You hereby covenant to keep any and all property provided by us confidential and shall not release any information to third parties except as otherwise directed herein or authorized by our written consent.

    Intellectual Property: Any software, trademarks, trade names, or other intellectual property owned by us shall remain solely and exclusively our property. Any use permitted of the trademarks, trade names, or other intellectual property of ours is granted only as a limited license for the term of this Agreement. You acknowledge any unauthorized use of any trademarks, trade names, or other intellectual property shall result in immediate and irreparable damage to us which cannot be easily measured in monetary terms. We shall be entitled to injunctive relief for any breach in the terms or conditions of this clause.