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 WEBHELPS AFFILIATE PROGRAM
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| earn $1.00 for every referral |
| WebHelps is a tradename of WhatHelps?, Inc., an Iowa corporation, located in Bellevue, Iowa, USA (WhatHelps?). WhatHelps? owns and operates several web sites and domains, including webhelps.com and webmasterhelps.com. In this Agreement, "we" or "us" or "our" refers to WhatHelps?, Inc., doing business as WebHelps. |
| Please read this Affiliate Agreement (the "Agreement") carefully before joining the WebHelps Affiliate Program (the "Program"). By joining the Program, you agree to be bound by the terms and conditions of this Agreement. If you do not agree, you must not join the Program. |
| The terms and conditions of this Agreement will begin upon your acceptance into the Program and are subject to change, from time to time, with or without notice, in our sole discretion. For so long as you remain in the Program, you are bound by the terms and conditions currently displaying on this page. Therefore, you should review this Agreement from time to time, and if at any time you disagree with this Agreement, you must quit the Program. |
| PROGRAM PARTICIPATION |
| To join the Program, you must complete and submit the online application on the ClixGalore.com web site. You will be immediately and automatically accepted into the Program so you can start referring new customers right away. We may later reject your application at any time, and in our sole discretion. To participate in the Program, you must have a valid and active web site. We prohibit individuals who operate web sites containing pornographic, racist or illegal content from participating in the Program. The definition of pornographic, racist or illegal content is entirely in our discretion. We do not support the placement of our advertisements on any sites connected with pornography, racist or illegal content, and will not be held responsible for any advertisments which are placed on such web sites. |
| Affiliates may not refer themselves (self referral) with the aim of receiving an affiliate referral commission under this Agreement. Referral commissions associated with this type of self referral will not be paid. We, in our sole discretion will determine the meaning of self referral. |
| We prohibit the use of the Program by Paid to Read or Paid to Surf web sites or any Member Reward or Incentive Programs. Such web sites and Programs may not join the Program. We reserve the right to refuse payment and terminate any such Affiliate account that we deem to be of such nature. The definition of a Paid to Read, Paid to Surf or Member Reward or Incentive Program is entirely in our discretion. |
| AFFILIATE COMMISSIONS |
| For every new customer who (a) enters the WebHelps.com web site through your affiliate link, and (b) who signs up for any WebHelps eligible service (see "Eligible Services" below) within the following 12 months, and (c) remains an active customer for a period of no less than 30 days following signup, we will pay you an affiliate referral commission of $1.00.
To be an active customer of WebHelps, a FREEbie Package customer must be actively using their account, such as building and maintaining a web site, with the intent of continuing such use for the forseeable future. Domain Registration and Secure (SSL) Certificate customers are automatically deemed active upon signup. All other customers are considered active if their account is open and not suspended. Whether or not a customer meets the "active" requirement will be determined solely in our discretion. A customer who creates a FREEbie account and simply uploads a webpage or a photo, will not (for example) be considered an active customer. |
| Eligible Services |
Eligible services include these services provided by WebHelps:
| Web Hosting Plans |
Specialty Packages |
| Domain Registrations |
Secure (SSL) Certificates |
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| Please note that we will not pay affiliate commissions for new customers who enter the WebHelps.com site other than through your affiliate links. |
| There are no Affiliate service fees. We will not retrospectively lower the commission rate on pending and confirmed orders received. The commission paid on these orders will not be at a rate lower than the rate set at the time the orders were received. Interest is not paid on Program account balances. |
| We will pay your commission monthly, if your affiliate balance is at least $50.00. If your affiliate balance is too low, your balance will be carried forward and future commissions applied until such time as it is equal or greater than $50.00 |
| LIABILITY |
| We are not liable for any malfunction or failure of the Program due to matters including, but not limited to, force majeure, the failure of WebHelps' or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind. |
| It is your sole responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to your Affiliate commission payments. You understand that you may be required to complete certain Internal Revenue Service ("IRS") tax information reporting forms prior to your receipt of any monetary sums. You further understand that we may be required to provide information regarding your earnings to the IRS or any other foreign government agency that requests such information concerning its citizens. |
| We, in our sole discretion, may disqualify you from participation in the Program if you engage in any conduct that we deem to be illegal, improper, immoral, unfair or otherwise adverse to the operation, integrity, or reputation of the Program or detrimental to other affiliates. Disqualifying conduct includes, but is not limited to: falsifying personal information required during affiliate signup; sending spam emails; accumulating affiliate earnings through methods such as Programming techniques or falsified information; or intentionally trying to defraud the Program. We may void and refuse to pay you any monetary sums that you have earned, and/or require the return of any monetary sums that you may have accumulated, if you are engaged or were previously engaged in improper conduct. You acknowledge that the forfeiture of earnings shall in no way prevent us from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. |
| FRAUD |
If we determine, in our sole discretion, that you are using the Program in a fraudulent manner, we reserve the right to refuse payment for any customers sent to us via your affiliate link. For the purposes of this agreement "fraudulent manner" includes, but is not limited to, the following actions:
- Instructing people to fill out the signup form with false information or for purposes other than obtaining an account
- Instructing people to signup using email addresses belonging to other people or multiple email addresses that belong to only one person
- Placing your affiliate link within the "Hotline Server" or similar community, or on a site that is advertised within the "Hotline Server" or similar community
- Any other activity we determine, in our sole discretion, to be fraudulent
We may begin an investigation, in our sole discretion, to determine whether you are using the Program in a fraudulent manner, if any of these things occur:
- Your affiliate link generates multiple customers from the same IP address;
- Your affiliate link generates abnormally high clickthrough and/or conversion rates;
- Any other occurrence which we determine, in our sole discretion, to potentially be evidence of fraudulent activity
In order to determine fraudulent use, we will consider the content of your site, your marketing tactics, or any other information we deem appropriate. |
| MARKETING - ADVERTISING - PUBLICITY |
| Any of your promotions, advertisements, or marketing materials that mentions WhatHelps?, the WebHelps.com, WebmasterHelps.com web site, or any WebHelps service, may be perceived by the public or the press as a joint effort. Therefore, you are prohibited from using our name(s) on/in certain forms of advertising. Advertising commonly referred to as "spamming" is strictly prohibited. Other prohibited forms of advertising include, but are not limited to, the use of unsolicited commercial e-mail (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return e-mail address.
We require written consent for any promotion that mentions us or our web sites or services. However, subject to your obtaining our written consent, we generally approve mailings to customers to promote our services, so long as the recipient of the mailing is already a customer or subscriber of your services, and recipients have the option to remove themselves from future mailings. Also, newsgroups postings to promote our services are generally approved by us, so long as the news group specifically welcomes commercial messages. In all cases, you must always clearly represent yourself and your web sites as independent from ours.
Advertising in a prohibited manner, or failure to obtain approval for a promotion which mentions us, our sites, or our services, shall be just cause to immediately terminate your affiliate account. It may also be cause to bring legal proceedings against you for damages arising out of your prohibited actions. |
| You grant to us a non-exclusive license to use your names, titles, and logos to advertise, market, promote, and publicize the Program. We shall not, however, be required to so advertise, market, promote, or publicize. This license shall terminate upon the termination of this Agreement. |
| RELATIONSHIP |
| You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. |
| TERMINATION |
| The terms of this Agreement will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party five (5) days written notice of termination. We, however, reserve right to terminate this Agreement with no notice to you if we determine that your use of the Program has been fraudulent. You have seven (7) days from day of termination to remove all links and banners relating to this Agreement from your site. You are only eligible to earn affiliate referral fees on customer signups occurring during the term of this Agreement. Your final payment will be distributed to you not more than forty-five (45) days after the date this Agreement has been terminated. |
| MISCELLANEOUS |
| If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement will be governed by the laws of the United States and the State of Iowa, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Iowa, United States, and you irrevocably consent to the jurisdiction of such courts. |
| ENTIRE AGREEMENT |
| The terms and conditions contained herein represent the complete, final and exclusive agreement between you and WebHelps, and supersede all prior agreements, representations and understandings between you and WebHelps. Your Affiliate account may be terminated by WebHelps at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination. |
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