Keptin Consulting Services Affiliate Agreement
This agreement contains the complete terms and conditions that apply to your participation in the Keptin Consulting Services affiliate program, the Program. As used in this agreement, “we”, “us”, or “our” means Keptin Consulting Services and “you” means the applicant. The word site means any World Wide Website, Keptin Consulting Service's Sites refer to the sites which can be accessed with the following URLs: www.keptinconsulting.com, www.keptinhosting.com, and www.keptindomains.com. Your site refers to any site, operated and or owned by you, that you will be linking from to our site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KEPTIN CONSULTING SERVICES. BY SUBMITTING AN AFFILIATE APPLICATION, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. FURTHERMORE, YOUR CONTINUED ENROLLMENT IN THE PROGRAM FURTHER AFFIRMS THAT YOU HAVE READ THE AFFILIATE AGREEMENT AND UNDERSTAND IT AND YOU ARE REAFFIRMING YOUR AGREEMENT WITH IT.
- Joining the Program
By filling out the signup form you will automatically become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products and servicespurchased by your referral individuals.
- Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc...)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights.
- Advertising on sites that discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Advertising on sites that promote violence
- Falsely generating click-throughs or impressions.
If your account is terminated then all earned commissions will be forfeit.
- Active Affiliate
An active affiliate is an affiliate that continues to display our links on their site(s) and generate click-throughs. If your account becomes inactive for a period of six months or more it may be terminated and all earned commissions will be forfeit.
- Affiliate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in 2.
- Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to purchase a product or service, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database. We can guarantee the awarding of commissions when the user has deactivated and/or deleted cookies from their machine.
- Commission Rates
In general you will receive a commission from products and services sold from our site. However you will not receive a commission on products and services sold at cost to qualified nonprofit or political organizations. You will also receive a commission from sales generated by affiliates that you referred, we pay commission out on ten tiers:
Tiers
- Tier 1: 5% - Your Sales
- Tier 2: 2.5% - The sales of affiliates you referred
- Tier 3: 1.2% - The sales of affiliates that were referred by Tier 2 affiliates.
- Tier 4: 0.6% - The sales of affiliates that were referred by Tier 3 affiliates.
- Tier 5: 0.3% - The sales of affiliates that were referred by Tier 4 affiliates.
- Tier 6: 0.2% - The sales of affiliates that were referred by Tier 5 affiliates.
- Tier 7: 0.1% - The sales of affiliates that were referred by Tier 6 affiliates.
- Tier 8: 0.1% - The sales of affiliates that were referred by Tier 7 affiliates.
- Tier 9: 0.1% - The sales of affiliates that were referred by Tier 8 affiliates.
- Tier 10: 0.1% - The sales of affiliates that were referred by Tier 9 affiliates.
You will continue to earn commissions on your downlines's referrals and sales provided you continue to be an active affiliate, see 3, and your status has not been revoked as detailed in 2.
- Commission On Your Purchases
You may click on an affiliate link from your site to ours for the purposes of purchasing products and services and you may receive a commission on these sales. However, you must also be actively displaying our ads on your site. Joining our program for the express purpose of earning a commission on only your sales is subject for immediate termination.
- Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
- Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors.
- Indemification
To the extent provided by law, client will indemnify and hold Keptin Consulting Services, including property and agents, free and harmless from any liability for losses, claims, injury or death of any person, including client, arising from use of service.
- Waiver
The failure of either party to enforce any provisions of this agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
- Entire Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof.
- Severability
If any provision of this agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
- 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 Saint Cloud, Minnesota, 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 Minnesota (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's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent 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 proceedings or otherwise.
- Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Minnesota, without reference to rules governing choice of laws. 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 be 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.
By filling out the affiliate sign-up form and by continuing to be an affiliate you acknowledge that you have read the terms and conditions, understand, and agree with them.
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