IJIBAN.COM AFFILIATE AGREEMENT
Latest Edition
Updated August 30, 2008
In addition to The Website Agreement of IJIBAN.COM, this Agreement sets forth the General Terms and Conditions that apply to the IJIBAN.COM AFFILIATE PROGRAM (hereinafter referred to as Affiliate Program) and the use of any IJIBAN.COM website or services (hereinafter referred to as IJIBAN.COM) regarding, or in connection with, the Affiliate Program.
By signing up the Affiliate Program you consent to the following terms :
The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to IJIBAN.COM. Parties involved herein are independent, this agreement shall not form any partnership between the parties.
AFFILIATE PAYMENT
You will receive Commission for referring clients to The Affiliate Program of IJIBAN.COM if such clients buy OUR Products or Services (hereinafter referred to as Products or The Products ) through your affiliate link(s), and successfully completed the transaction with good standing. Transaction without good standing including but not limited to, refund or chargeback or fraud of any sort.
Commissions could be either flat or percentage, set forth collectively or individually by the Products listed in the Affiliate Program section of our site. There shall be NO COMMISSION for purchases other than the above. You'll easily find Products information and commission details by logging into your affiliate account. Products other than the above listed Products are not included in the Affiliate Program.Please note that promoting products other than the said Affiliate Program Products will not get commission of any sort.
PAYMENT MAY BE MADE VIA PAYPAL
Minimum pay out is USD 100 (ONE HUNDRED US DOLLARS). If for any month your commission balance reached minimum payout, it will be paid on the last day of the next month. Otherwise the balance shall be carried over to the next month until qualified for payout.
IJIBAN.COM reserves full right to change payment policy or methods at any time, for any reason.
IJIBAN.COM may reverse any commission paid to you, and subtract said commission from future payments to you, if IJIBAN.COM receives refund, chargeback, or any fraudulent activities on any transaction from client(s) you referred to IJIBAN.COM.
REGISTRATION
It is required by our policy that in order to access IJIBAN.COM, or to participate in the Affiliate Program, or to use the Services as an Affiliate or customer, you must be at least 18 years of age. By using IJIBAN.COM in anyway or signing up to be an Affiliate, you represent that you are at least 18 years of age, You warrant that the information you provide to us upon registration is complete, valid and honest, including your Social Security number or EIN ( if applicable).
Your account may not be assigned or transferred or sold to another party. You may not claim copyrights, or any property rights, over the creatives or input, output data or materials in connection with your account.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMERS | LIMITATION OF LIABILITY
The IJIBAN.COM service provided is provided on an as is , as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
IJIBAN.COM expressly disclaims any representation or warranty that the IJIBAN.COM service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by IJIBAN.COM, its employees, licensers, licensees, agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will IJIBAN.COM, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the IJIBAN.COM service, including but not limited to reliance on any information obtained on the IJIBAN.COM service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to IJIBAN.COM records, programs or services. You hereby acknowledge that this provision will apply whether or not IJIBAN.COM is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from IJIBAN.COM and its associates.
Under no circumstances shall damages include your loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.
The terms of this section shall survive the termination of this agreement for whatever reason.
COPYRIGHTS, TRADENAMES & OTHER INTELLECTUAL PROPERTIES
All trade names and contents of IJIBAN.COM Web Site are proprietary to IJIBAN.COM and/or its respective owners, and are protected under domestic and international Intellectual Properties Laws . All rights are reserved. IJIBAN.COM reserves any rights not expressly granted herein.
BREACH
Without limiting other remedies, IJIBAN.COM may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
ASSIGNMENT
In the event of a merger or consolidation of IJIBAN.COM, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
ORDER TRACKING AND DETERMINATION OF COMMISSION
IJIBAN.com retains the rights to order tracking and the determination of commission at our sole discretion. All decisions are final.
Prices and availability of our products and services may vary from time to time. We reserve the right to reject any order that does not comply with our rules, operating procedures or policies.
RESTRICTIONS OF PARTICIPATION TO THE AFFILIATE PROGRAM
IJIBAN.COM reserves the right not to accept any site into the IJIBAN.COM based on site content. Sites that Do Not Qualify for the IJIBAN.COM Affiliate Program include sites that are:
- X- rated and promote sexually explicit materials
- Promoting violence and discord
- Promoting, or involved with, gambling
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal or questionable activities
- Violating intellectual property rights
NO SPAM POLICY
1. IJIBAN.COM operates a zero tolerance spam policy, and all Affiliates are expected to adhere to this policy as well.
2. You may not use misleading advertising in relationship to IJIBAN.COM.
3. Cookies Stuffing NOT ALLOWED !! Participating sites must not contain or implement scripts that potentially generate commissions by cookies stuffing or any other unethical ways.
Violation of the No Spam Policy will result in termination of this Agreement and immediate removal from the IJIBAN.COM Affiliate Program. And all of your balance in your account will be forfeited immediately. Further, IJIBAN.COM reserves the right to recover from such Affiliate the costs incurred by IJIBAN.COM in cleaning up the results of the spam , including, but not limited to, the costs of lawyer s service any other legal expenses.
REPRESENTATION
You agree to represent IJIBAN.COM properly in a tasteful way and declare that your web site is acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues, or your account might be terminated from our affiliation.
FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of IJIBAN.COM, IJIBAN.COM is unable to perform in whole or in part its obligations as set forth in this Agreement, then IJIBAN.COM shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make IJIBAN.COM liable to the User.
GOVERNING LAW
This Agreement shall be governed by the Laws of Taiwan ( also known as The Republic of China ). This Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the District Court of Taipei, Taiwan.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the Arbitration Association of The Republic of China (Taiwan). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Taiwan, as the parties to this agreement agree to be governed by the laws of Taiwan. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Taiwan necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in The District Court of Taipei, in Taiwan. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
WAIVER
The failure of IJIBAN.COM to enforce a provision of this Agreement shall not be construed as a waiver of limitation of IJIBAN.COM s right to strictly enforce and compel strict compliance with every provision of this Agreement.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless IJIBAN.COM against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys fees) arising from your violation of this Agreement or any third-party s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with IJIBAN.COM.
SURVIVAL
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
MODIFICATIONS
IJIBAN.COM reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the IJIBAN.COM Web Site. You are responsible for regularly reviewing the Web Site for any changes or modifications. Your continued use of the Services after any such changes shall constitute your consent to such changes. IJIBAN.COM does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, IJIBAN.COM may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further to the Affiliate.
If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. By continuing to participate in the Affiliate Program in any form following the posting of a Change Notice or New Agreement, you consent to the Change or the New Agreement.
--------------------------------------------------------------
Copyright 2008 IJIBAN.COM. All rights reserved. Third parties Trade Names and copyrighted materials are properties of their respective owners.