Affiliate Agreement

The following terms govern and apply to all the domain names, their sub-domains and sub-directories that relate to and constitute the property of TBIT DESIGN

This agreement describes the entire terms and conditions for participation in the TBIT DESIGN Affiliate Program.. As used herein, "Program" shall mean this Affiliate Program; TBIT DESIGN shall me "we," "our," or "us." "You" or "your" shall mean the Affiliate. In consideration of the mutual promises and conditions contained herein, TBIT DESIGN and you hereby agree to the following.

Summary of Program:

Under the Affiliate Program, you will be paid a referral fee ("Referral Fee") for each qualified customer ("Referral") that you refer to our Website under this Agreement. Each Referral needs to meet the following Criteria ("Criteria"):

Each Referral must be a new and unique visitor and must register by completing and submitting the registration form using a valid and unique e-mail address.

Each Referral must signup in a manner, which in our sole judgment, definitively establishes that the Referral was referred directly from you to our Website under this Agreement.

Each Referral must remain in compliance with our Terms of Service and Privacy Policy and other policies that are active at the time the Referral Fees are processed.

Referral Fees shall not be paid for Referrals that are fraudulent or have cancellations, terminations, charge-backs, refunds, outstanding balances or other adjustments.

Permission To Use Links:

Under the terms of this Program, you will be granted a limited license to display TBIT DESIGN banners, buttons and/or hypertext (collectively referred to as "Links") on your Web site, e-mail, newsletter and/or other promotional materials. TBIT DESIGN grants you permission to download the TBIT DESIGN Links for placement on your Web site, provided you adhere to the terms and conditions set forth in the Agreement. You may only use Links to our Websites on the Web site(s) that are listed in your application and approved by TBIT DESIGN. The maintenance of your site will be your responsibility. The information on our Website is frequently updated, and you may need to update the content of your Links regularly to maintain the accuracy of your site. On occasion, we may review your site to determine whether it is in compliance with the terms and conditions of this Agreement. We will notify you of any changes we feel should be made to ensure that your Links to our Websites are appropriate. If you do not make the changes to your site that we feel are necessary, you may be terminated from the Affiliate Program.

Link Guidelines:

Alterations Allowed: The Links, banners and images we provide can be altered in any way. You can change content, design, color, font, proportions or animation. The Links may be displayed in a larger size, but must be increased in size proportionally. TBIT DESIGN reserves the right to update, revise or alter the Links in any manner from time to time.

Positive Presentation: Your Web site must use the Links in a positive manner. The Links may not be used in a way that could disparage or reflect adversely on TBIT DESIGN or its products.

You may not use the Links on any Web site that disparages TBIT DESIGN or its products or services, infringes upon any intellectual property or other rights of TBIT DESIGN, contains or promotes "adult", pornographic or obscene material or content, promotes gambling, or violates any state, federal or international law.

Compliance With Laws: You may not use the Links if your Web site infringes any party's intellectual property or other rights, contains or promotes "adult", pornographic or other obscene material or any content prohibited by the TBIT DESIGN Acceptable Use Policy, or violates any state, federal or international law.

You will be responsible for any claims, costs and damages incurred by TBIT DESIGN as a result of a violation of these Link Guidelines.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of TBIT DESIGN.  Accordingly, all TBIT DESIGN rules, policies, and operating procedures concerning customer orders and service will apply to those customers.  We may change our policies and operating procedures at any time.  Prices and availability of our products and services may vary from time to time. TBIT DESIGN policies will always determine the price paid by the customer.

Qualifying Sites

We reserve the right not to accept any site into the Affiliate Program based on site content.  Sites that Do Not Qualify for the TBIT DESIGN Affiliate Program include sites which:

    • promote sexually explicit materials
    • promote violence
    • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    • promote illegal activities
    • violate intellectual property rights

Compensation:

We will pay a Referral Fee equal to the specified percentage of any revenue generated by a qualified Referral in the calendar quarter in which the Referral signs up the TBIT DESIGN account. Information about the specified percentage will be available through the Affiliate Page of our Web site.

We will pay a Referral Fee via Paypal made out in U.S. currency or you will be paid by Clickbank if you have refered a client to our site via your Clickbank Affiliate Links. ClickBank will send a check for the applicable commissions within the framework of their policies.  If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge-backs, the amount will be deducted by ClickBank from the next payment.

Affiliates must have a mailing address located in the United States, Asia, Europe, Australia or New Zealand to receive a payment. You are responsible for informing TBIT DESIGN about changes to postal and e-mail addresses. Failure to provide the correct addresses may result in the forfeiture of any payments due to you. Payments that are returned for invalid or insufficient address information, may be forfeited as well. You can update information at any time through the Affiliate Section or in your Clickbank Affiliate Account.

Based solely on the discretion of TBIT DESIGN, payment may be withheld for amounts under $50.00. You will only be compensated for Referrals that purchase our products via the Links you generated through our Affiliate Area. Purchases made by Referrals who have clicked on these Links will be tracked for the purposes of this Affiliate Program. By altering these Links in any way, you may forfeit corresponding Referral Fees. Any attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud or to violate the terms of this Agreement constitutes immediate grounds for TBIT DESIGN to terminate this Agreement and will result in forfeiture of any Referral Fees due to you.

Order Fulfilment

We will be solely responsible for processing every order placed by a customer on the Affiliate Site.

Qualification for Commissions

Affiliates must have an active Affiliate link in order to qualify for commissions.

Taxes:

You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, TBIT DESIGN will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with tax information within two (2) days of any request issued by TBIT DESIGN to issue a Form 1099.

Ownership and Property Rights:

This Agreement shall not operate as a transfer to you of any rights in or to any of TBIT DESIGN marks or logos, except for the limited license expressly granted hereunder. We reserve the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that TBIT DESIGN marks and logos are and shall remain the exclusive property of TBIT DESIGN or the applicable third-party owner, and all use by you shall inure solely to the benefit of TBIT DESIGN or such third-party owner, as applicable. TBIT DESIGN reserves the right to take action against any use that does not conform to this Agreement, infringes any TBIT DESIGN intellectual property or other right, or violates other applicable law.

Terms and Termination:

This Agreement shall continue until this terminated by either party. You will be terminated from the program, by e-mail notice, if (i) you do not follow the Links Guidelines or otherwise breach this Agreement, (ii) you attempt to manipulate, falsify or erroneously inflate Referrals. In addition, your failure to comply with our Terms of Service or any other Polies that are active will be grounds for termination. Any outstanding Referral Fees otherwise due to you will be forfeited if this Agreement is terminated for any reason. TBIT DESIGN reserves the right to terminate this Agreement and your participation in this Program immediately and without notice. If any fraud or abuse is detected with respect to any Referral, or if this Agreement is terminated for any reason, TBIT DESIGN shall not be liable for any Referral Fees.

No Warranty:

We dislaim any warranties that may be expressed or implied by law regarding the links, including warranties against infringement. We will not be liable for any incidental, consequential or special damages of any kind, whether based on contract, tort, termination of this agreement or any other legal theory and regardless of whether it has been advised of the possibility of any such damages.

Unsolicited Commercial E-mail:

TBIT DESIGN in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well.   Violation of this policy will result in the termination of this contract and immediate dismissal from the TBIT DESIGN Affiliate Program, with no refund.

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 this statement.

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 commissions paid or payable to you under to this Agreement.

Disclaimers:

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program.  In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties.  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.

Miscellaneous:

Referrals who become customers of TBIT DESIGN through this Program will be considered customers of TBIT DESIGN. Our Terms of Service, Privacy Statement, Rules and Regulations, No Spam Policy and other Disclaimers and Legal Rights will apply to such customers. TBIT DESIGN reserves the right to change its policies and operating procedures at any time. The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by you except by a contract in writing signed by both you and us.

Minimum Age:

Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be AT LEAST 18 years old (19-21 years were applicable) to access this website, resources, and services.

All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read or interact with this website its services and contentes in any manner. This website specifically denies access to any individual that is covered byThe Children's Online Privacy Protection Act (COPA) of 1998. We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

Changes:

We reserve the right to change this Agreement, including without limitation, the Links Guidelines and the Compensation, at our discretion. Changes will take effect when posted to our Web site. If you do not agree to such changes, you may terminate this Agreement via e-mail notice to [email protected]

Disputes:

As part of the consideration that the Website requires for viewing, using or interacting with this website, visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.

Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605 or at http://www.adr.org. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Nevada.

Jurisdiction and Other Points to Consider:

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate TBIT DESIGN and/or its affiliates' intellectual property rights, TBIT DESIGN and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of TBIT DESIGN, and you consent to exclusive jurisdiction and venue in such courts. If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified.

Affiliates agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding use of the website.

Affiliates agree to abide by any and all licensing rules or restrictions that have been created by the owners of the works contained within this website. Violating our Terms Of Use, Copyrights, or any of our licensing restrictions, will result in termination of account, and forfeiture of all reseller licenses, without notice or refund.

By signing up with our Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions.  You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

This is a web site of TBIT DESIGN, INC..

Our postal address is:
TBIT DESIGN
Thomas Breher
Ofener Strasse 12
26121 Oldenburg
Germany

We can be reached via e-mail at [email protected]

 
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