Affiliate Program: Affiliate Agreement
Version: 1/1/07
Please read this entire agreement document below before signing.
This agreement contains the complete terms and conditions that apply to an individual or entity participation in the Admit One Products Affiliate Program. As used in this Agreement, Admit One Products, Inc (the corporation holding the Admit One Products and Admit One E-Tickets trademarks) will be referred to as Admit One Products; and the applicant will be referenced as Affiliate.
1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate 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. In addition, Admit One Products reserves the right to cancel the Program at any time and for any reason, without prior notice. Upon the termination of this Agreement or the Program for any reason, you will immediately cease use of, and remove from your site, all links to Admit One Products.com, Admit One Products E-Tickets, and all Admit One Products trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. You are eligible to earn referral fees and/or commission credits only on transactions that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. To ensure that you are paid the correct amount, we may withhold your final payment for a reasonable time.
2) Enrollment in the Program: To begin the enrollment process, you must submit a completed Affiliate Application. We will evaluate your application in good faith and will notify you of our acceptance or rejection of your application. Your application may be rejected if we determine, in our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include, without limitation, those that:
promote violence
promote illegal activities
promote sexually explicit content
promote any type of discrimination
violate any copyrights or intellectual property rights
compete directly with our products
contain any parameter deemed inconsistent with the standards of behavior and decorum associated with our brand and website
3) Order Tracking and Processing: We will track and process all transactions made by customers who follow special links from your site to our site. We will send you reports summarizing sales activity. The form, content, and frequency of these reports may vary from time to time at our discretion. To enable accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When customers come to AdmitOneProducts.com or admitonee-tickets.com via your links, our web server sends a client-side text string (cookie) containing your unique affiliate code to their computers. Our system then uses those strings to identify your site at the point of purchase or sale. We are responsible for all aspects of order processing and fulfillment. Along with providing customer service, we will handle all transaction logistics including payments, cancellations, and shipping. We reserve the right to cancel orders that do not comply with any requirements we establish.
4) Qualifying Transactions: For a ticket transaction to qualify for a commission, the customer must do the following: follow a link (in the format specified by us) from your site to www.AdmitOneProducts.com; purchase tickets or sign up for our e-ticket products using our consumer-branded online marketplace (www.Admitone Products.com); accept delivery of our products at the shipping destination; and remit full payment to us. Orders that are cancelled, refunded, or the subject of a credit card charge back will not qualify for commissions.
NOTE: Although you can have several links throughout your website directing your customers to us, there must be a main link on the bottom of your home page directly linking your home page to our home page. This link can be just text only such as; “Fulfillment Services Provided by Admit One Products”.
Commissions are attributed to an affiliate when the affiliate is responsible for the last click before purchase. We reserve the right to reject transactions that do not comply with these or other requirements that we periodically establish. Your site will be credited for every qualifying transaction, including repeat purchases or sales that occur as long as your relationship with Admit One Products is in good standings and each referral comes from your site.
5) Commissions: You will earn commissions for each purchase or sale of various products your customers purchase on www.admitoneproducts.com and through our E-Ticket program. You will not earn commissions for sales that are made through alternative sites. Admit One Products will pay commissions, within 30 days of receiving full payment.
Commission Percentage: | New Business 10% | |
Repeat Business 8% |
6) Brand Integrity: Admit One Products' brand identity must be protected. Affiliate partners may not modify our logo or represent themselves as Admit One Products in any way, such as by citing themselves as an "Official Site" in search engine listings or by posting duplicate content from the AdmitOneProducts.com site. Partners may not profit from our trademarked terms, either through suggestive URLs or PPC (pay per click) keyword terms, nor may they use any of the content or images shown on AdmitOneProducts.com.
When using a message board or community site to generate traffic, affiliates must be compliant with that site's policies. This includes not posting on sites that prohibit all affiliate activity, such as Craigslist.org.
In addition, affiliates are required to abide by all terms and conditions associated with Admit One Products coupon codes and discounts. Accordingly, affiliates may not post such codes or distribute them in any other manner as all such codes are non-transferable and intended only for one-time use. Further, affiliates are not permitted to offer their users cash or other incentives for accessing Admit One Products web sites through links placed on affiliate web sites or emails. As explained further below, affiliates that engage in any of the foregoing will be subject to immediate suspension or termination.
7) Policies and Pricing: Customers who buy any products through this Program will be deemed to be customers of Admit One Products. Accordingly, all Admit One Products rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply. We may change our policies and operating procedures at any time and without notice.
8) Limited License: We grant you a nonexclusive, revocable right to use graphic images and text we provide to you and other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating ticket transactions. You may not modify any of these graphic images or text in any way. We reserve all intellectual property rights of Admit One Products, including text, graphic images or any other images, trade names, and trademarks. You agree to follow our trademark guidelines and are aware that these may change. We may revoke your license at any time by giving you written notice.
9) Responsibility for Your Site: You are solely responsible for the development, content, operation, and maintenance of your site. This responsibility includes:
functionality of Admit One Products links
maintaining current Admit One Products creative elements in connection with such links
the technical operation of your site and all related equipment
the accuracy and appropriateness of site content (including ticket-related information)
the assurance that site content does not violate or infringe upon the rights of any third party (including copyrights, trademarks, privacy, or other personal and proprietary rights)
assurance that site content is neither libelous or otherwise illegal
10) Modification: We may modify any of the terms or 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, referral 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 WILL CONSITUTE BINDING ACCEPTANCE OF THE CHANGE.
11) Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this section.
12) 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.
13) Disclaimers: We name 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, noninfringement, 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.
14) 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.
15) Arbitration: Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in the County of Orange, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extend permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise.
16) 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. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. We may assign this agreement at any time and without notice to our successor-in-interest following a merger, acquisition or similar corporate transaction. 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.
17) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
18) Guidelines for Using Paid Search Listings: Many of our affiliates are now using paid search to generate commission. Here are the guidelines:
Correct representation of Admit One Products brand.
If you are linking directly to AdmitOneProducts.com site, you must place AdmitOneProducts.com URL as the visible URL in your ad.
You may use Admit One Products within your creative, but cannot state that you are Official or copy any creative in Admit One Products own paid listings.
You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the word "Admit One Products" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from bidding on:
Admit One Products and Admit One E-Ticket trademarks, "Admit One Products", Admit One Products.com and any keyword string that includes this term. For example, "Admit One tickets", "Admit One Products coupons", "Admit One E-Tickets", "AdmitOne", etc.
Variations of Admit One Products trademarks: for example "Admit One", "www.AdmitOneProducts.com", "Admit-One", www.admitoneetickets, "www.AdmitOneProducts", "AdmitOneProductscom", etc.
If Admit One Products determines, in its sole discretion, that you have purchased or attempted to purchase "Admit One Products" or one of the cited examples above, then Admit One Products may (without limiting any other remedies available to it) pursue any or all of the following actions:
Withhold, or cancel any and all compensation otherwise payable to You beginning with the date on which you purchased the prohibited trademarked terms;
Remove you from the Admit One Products Affiliate Program permanently.
If you violate any of these Admit One Products conditions, we may remove you from the Program immediately and/or permanently. Admit One Products also reserves the right to withhold, or cancel any and all compensation for transactions not in compliance with these conditions.
I have read and agree to the above terms and conditions.
Date: _____________
Company: ________________________________
Signed by:_________________________________
Print Name: ________________________________