All Affiliates must read and agree to the following terms...
This Affiliate Agreement ("Agreement") contains the complete terms and conditions that apply to an individual's or entity's participation in the Commerce Technologies Affiliate Program (the "Program"). As used in this Agreement, "we" means Commerce Technologies Corporation, ("Commerce Technologies") and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Commerce Technologies's site or to the site that you will link to our site.
1.    Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via the https://www.commercetech.com site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

SUITABLE SITES INCLUDE THOSE THAT:
  • DO NOT promote violence
  • DO NOT promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • DO NOT promote illegal activities
  • DO NOT violate intellectual property rights

In this regard, you understand that we reserve the right to conclude that your Site is unsuitable in accordance with our standards and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded or if others' sites have been accepted despite having the same or similar characteristics as your Site. You also understand that if we accept your application, such acceptance shall not imply that your Site does not meet one or more of the criteria that would have permitted us to reject your application. If we reject your application, you are welcome to reapply to the Program at any time.
2.    Anti-Spam Policy
By accepting the Commerce Technologies Affiliate Agreement you also agree not to promote your affiliate website through any of the following means.
  • Sending unsolicited email for commercial purposes (aka "SPAM")
  • Posting a single article or advertisement, about which we receive multiple complaints, to Usenet or other Newsgroups, forums, email mailing lists or other similar groups or lists
  • Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list
  • Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a service provided by Commerce Technologies (such as using an Commerce Technologies -supplied mailbox as a maildrop, or referring to a URL hosted on our server)
  • Falsifying user information, including the falsification of e-mail return addresses

Commerce Technologies considers the above practices to constitute abuse of its service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by the terms and conditions of the services offered by Commerce Technologies. Engaging in one or more of these practices may result in:
  • Termination of the offender's account and/or access to services provided by Commerce Technologies
  • Dropping of mail messages that do not contain the proper and necessary information
  • Informing any or all authorities of offender's actions upon receipt of appropriate subpoena
  • Informing any or all recipients of offender's SPAM of the personal and public information of the user
  • Forfeiture of any commissions due to you as an Commerce Technologies Affiliate

NOTE: This Anti-Spam Policy is based on the Anti-Spam Policy of our Internet Service Provider. Commerce Technologies will immediately notify authorities of any actions taken in regard to this Anti-Spam Policy. Commerce Technologies reserves the right to implement any and all of the above actions as it may deem appropriate at any time, without limitation, in regard to upholding this Anti-Spam Policy. However, by not implementing a specific action, Commerce Technologies is not implying consent, lack of wrongdoing by the offender, nor limiting its response in the future. Nothing contained in this policy shall be construed to limit the actions or remedies of Commerce Technologies in any way concerning the foregoing activities.
3.    Referral Fees

For every customer who purchases the combination Merchant Account / Gateway package or other related payment transaction products and services, Commerce Technologies will pay your company a referral fee.
4.    Exclusive Provider

Subject to the terms and conditions set forth below, we shall be the sole and exclusive provider of products or services the same or similar to the Qualifying Products appearing on your Site or in any materials to promote your Site. You agree that you will not, directly or indirectly, promote or sell services or allow any other person or entity to promote or sell services the same as or similar to the Qualifying Products on your Site or link their web site to yours in connection with the promotion or sale of services the same or similar to the Qualifying Products.
5.    Fee Schedule - Click here 

6.    Fee Payment
We will pay you commissions on a monthly basis by sending you a check for the referral fees earned on all qualifying products that were funded on or prior to the last day of the previous month, less any taxes that we are required by law to withhold. If a product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you a bill for the fee. The Program is intended for commercial use only, and you may not purchase services through the Program for your own use. Such purchases may result, in our sole discretion, in the withholding of referral fees or the termination of this Agreement. You agree not to utilize spam (unsolicited e-mail) to advertise our services. If we believe that you are spamming and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded, we can terminate this Agreement immediately and you will forfeit all pending referral fees. Payments made to you will be reported on Form 1099 as required by law.
7.    Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of Commerce Technologies. Accordingly, all Commerce Technologies rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your Site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
8.   Identifying Yourself as an Associate

We will make available to you a banner image that identifies your Site as a Program participant. You must display this logo or the message "In association with Commerce Technologies" somewhere on your Site.

We may modify the text or graphics of this banner image from time to time. In addition, we encourage (but do not require) you to include a link to your Commerce Technologies affiliate site.
 
9.   Limited License

We grant you a nonexclusive, revocable right to use the image and phrase or message described in Section 8 and such other images for which we grant permission, solely for the purpose of identifying your Site as a Program participant and to assist in generating product sales. You may not modify the image, the phrase or message, or any of our images in any way. We reserve all of our rights to the image, the phrase or message, any of our other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those may change from time to time. We may revoke your license at any time by giving you written notice.

10.   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. For example, you will be solely responsible for:
  • the technical operation of your Site and all related equipment
  • creating and posting product descriptions on your Site and linking those descriptions to our catalog
  • the accuracy and appropriateness of materials posted on your Site (including, among other things, all product-related materials)
  • 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)
  • ensuring that materials posted on your Site are not libelous or otherwise illegal

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your Site.

11.   Terms of the Agreements

The terms 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. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12.   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 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 or through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.
13.   Indemnity

You hereby agree to indemnify and hold harmless Commerce Technologies,  its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the your trademark(s) infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iii) the development, operation, maintenance and content of your Site and products and services offered from your Site, or (iv) any claim related to your Site, including, without limitation, content therein not attributable to us.
14.   Modification

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, for example, 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.

15.   Relationship of Parties

You and we 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.

16.   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 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.

17.   Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products 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 our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

18.   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.

19.   Privacy of Information
You agree not to distribute or sell customer personal information (name, address, telephone number, e-mail address, etc.) of individuals who visit the Affiliate website. All information generated from the Affiliate sites is the exclusive property of Commerce Technologies.
20.   Miscellaneous

This Agreement will be governed by the laws of the United States and the state of California, 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 Los Angeles, California, 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 provision or any other provision of this Agreement.

21.   Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.

This work is © Copyright 2000 by Commerce Technologies.
All trade marks and brand names are acknowledged as belonging to their respective owners.