Terms and Conditions of AbleDoer Worldwide Affiliate
Program
This is a legal and binding agreement between you - the Affiliate,
and AbleDoer - AbleDoer Corporation, a California corporation, United
States of America. By signing up with AbleDoer Worldwide Affiliate
Program, Affiliate agrees to all of the terms and conditions of
this agreement. If Affiliate does not agree to these terms,
activation of the affiliate account will cease.
1. Definition of Affiliate
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1.1 Affiliate is an independent contractor who markets and
promotes the internet services offered by AbleDoer.
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1.2 Affiliate is not a share holder of AbleDoer, and will not make any
investment of capital in AbleDoer.
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1.3 Affiliate is not an employee, agent, representative, or
franchisee of AbleDoer, and agrees not to incur any obligation, debt,
and expense on behalf of, or in the name of AbleDoer and its
websites.
2. Signup and Requirements
2.1 To signup, Affiliate must be at the legal age in one’s state
or country.
2.2 Affiliate’s application will be approved automatically and so
one’s account will be activated immediately upon Affiliate’s
signup. AbleDoer, however, reserves the right to deactivate or
suspend unacceptable Affiliate account solely at AbleDoer’s discretion.
2.3 Affiliate agrees to receive email from AbleDoer and the Affiliate’s
sponsors and will not treat email sent from AbleDoer and the
Affiliate’s sponsors as spam.
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2.4 Affiliate agrees not to market and promote any product,
service and opportunity that are not offered or approved by
AbleDoer
through the network of AbleDoer Worldwide Affiliate Program. This does
not refer to activities outside the network of AbleDoer Worldwide
Affiliate Program.
2.5 Affiliate cannot assign rights or delegate duties under this
agreement without the prior written consent of AbleDoer.
2.6 One can re-sign up as an Affiliate at least 120 days after
one’s previous Affiliate account was closed for whatever reason.
3. Rules and Regulations of Marketing
3.1 Affiliate is strictly prohibited from sending
unsolicited bulk or single mail message, or SPAM. This includes,
but is not limited to, mailing of commercial advertising,
information announcements, and political tracts. A spammer’s
account will be suspended or terminated without any advanced
notice immediately upon a spam report against the affiliate being
received.
3.2 Affiliate is prohibited from purchasing and using any
third-party mailing list or buck email addresses no matter how
the seller of mail list promises that the list is op-in or safe.
The only mailing list affiliate may use is that Affiliate has
personally collected directly form Affiliate’s own website with
double op-in confirmation and so Affiliate will be able to provide
an evidence to prove it when someone complains against the
Affiliate.
3.3 Directly posting AbleDoer services or business opportunity
on online chat rooms, news groups, and forums is deemed spam as
well. The correct way to use a forum is to post your message on
the area specifically for commercial advertising purpose, or put
the Affiliate’s domain or subdomain URL in the signature part of
your message.
3.4 Affiliate is expressly prohibited to sponsor and support
any kind of spamming activities directly or indirectly. It is
deemed spam as long as the Affiliate’s domain or subdomain website
is the beneficiary of the spamming material even though the
spamming materials were not sent or posted by Affiliate oneself
directly but by Affiliate’s affiliates, friends, or family
members.
3.5 Affiliate agrees not to promote AbleDoer services on websites that
contain adult sex, gambling, and illegal contents.
3.6 Affiliate may use the self-replicating website provided for
purposes expressly permitted by AbleDoer. Affiliate may not use this
site for any other commercial purpose without AbleDoer’s prior
written consent.
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3.7 Framing (put replicating subdomain URL under a frame
page which hosted under Affiliate’s own domain for better
marketing result) and co-branding (write Affiliate’s own website
to promote AbleDoer Worldwide Affiliate Program without using the
replicating website itself directly) are allowed. But Affiliate
must be responsible for insuring it works promptly to qualify
for commissions.
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3.8 Affiliate will not make, orally or in writing, any claim,
guarantee or false presentation regarding potential future
income and services beyond what is described on the
self-replicating website.
3.9 Affiliate agrees that signing up new affiliates through
the Affiliate’s personalized replicating website without their
approval or knowledge is strictly forbidden and is grounds for
suspension or termination of the Affiliate account.
4. Commissions and Fees
4.1 Referral fee or sale commissions will not be paid based on
referrals of new signups of AbleDoer Worldwide Affiliate Program, but
will be paid solely based on the sales of internet services
generated from the Affiliate’s website subject to the terms of
this agreement and specific commission rates and conditions
stated in AbleDoer Compensation Plan.
4.2 Currently the commissionable service is the basic fee
of web hosting plans, listed on Affiliate’s replicating website,
which does not include domain registration and extra server
resource including, but not limited to, additional bandwidth
usage, additional disk space usage, and dedicated IPs, etc..
4.3 There is a cooling or pending period of 30 days after a sale
of a hosting account is made from Affiliate’s replicating website.
Only after that period will the sale commission be approved.
This is because AbleDoer offers 15 days money back guarantee, and a
purchaser may cancel the order within guarantee period. And also
AbleDoer needs additional time to verify that the credit card
transaction is valid.
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4.4 Commissions will be paid out monthly in US dollars through
either company check or PayPal on the 15th day of next month
after the commission of a sale is approved. To cover the mailing
and handling expenses, $3.00 will be deducted from the
commission amount for each check payment and $1.50 will be
deducted from the commission amount for each PayPal payment.
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4.5 To insure accurate payout of commissions, Affiliate is
responsible for providing and maintaining correct mailing
address. And Affiliate’s contact email address must be same as
affiliate’s PayPal email address if PayPal payout is selected.
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4.6 The minimum commission payout amount is $50.00. If Affiliate’s
approved commission is less than $50.00, the commission in
Affiliate account will be carried over to the following month
until the total amount of commission reaches $50.00. In case
that Affiliate decides to quit from AbleDoer Worldwide Affiliate Program,
all commissions in one’s account, even less than $50.00, will be
paid out once after Affiliate account is closed. Payment of the
final commission to the Affiliate may be withheld for a reasonable
time in order to ensure the correct amount is paid.
4.7 Affiliate agrees to be responsible for any fraud order or
transaction from one’s replicating website. In case of a fraud
transaction or chargeback after the sale commission is paid out,
the corresponding paid commission plus $20.00 chargeback fee
will be deducted from Affiliate’s commission account or paid by
Affiliate directly.
4.8 Signing up additional affiliate account and then purchasing
additional hosting account for the purpose of advance in rank in
order to get higher commission is expressly forbidden and
subject to suspension or termination of affiliate account.
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4.9 Affiliate will not reproduce or distribute commission checks
in any form or by any means.
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4.10 Commission payout will cease completely if Affiliate’s
account is suspended or terminated because of violation of any
term of this agreement.
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4.11 There is currently no annual affiliate member fee and affiliate
administration fee. These fees, however, may be added in the future
at AbleDoer's sole discretion.
5. Termination
5.1 The term of this agreement shall be for a period of one year
from when Affiliate account is activated upon signup, and shall be
automatically renewed at the date of each following anniversary,
without any action of Affiliate and AbleDoer, unless either party has
terminated this Agreement by sending a written notice to the
other.
5.2 If Affiliate fails to comply with any terms of this
Agreement, the Affiliate’s account shall be terminated, without
advance notice, at AbleDoer's sole discretion.
6. Limitation of Liability
6.1 AbleDoer shall make every possible effort to track and pay
commissions for all sales made by Affiliate and the Affiliate’s
sub-affiliates within certain levels determined by the Affiliate’s
rank. However, AbleDoer is not responsible for technical problems,
acts by third parties, or other events outside AbleDoer’s reasonable
control which may temporarily disrupt or diminish the program
and its websites.
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6.2 AbleDoer Worldwide Affiliate Program and its websites and the
content, names, text and images included are provided 'AS IS'.
While reasonable care has been taken in the preparation of this
program and its websites to ensure that the information
contained on it is accurate, no warranty or representation of
satisfactory quality or fitness for a particular purpose,
non-infringement of title, whether express or implied, is given,
nor is any warranty or representation given that the information
and the materials contained on this program and its website are
free from errors or inaccuracy.
7. Indemnity
Affiliate shall indemnify and hold AbleDoer and its subsidiaries,
partners, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors
(hereinafter known as the "Indemnified Parties") harmless from
any breach of the Terms of this Agreement Use by Affiliate,
including any use of Content other than as expressly authorized
in these Terms of Agreement. Affiliate agrees that the Indemnified
Parties shall have no liability in connection with any such
breach or unauthorized use, and Affiliate agrees to indemnify any
and all resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties in
connection therewith. Affiliate will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought
by third parties arising out of Affiliate’s use of the information
accessed from AbleDoer Worldwide Affiliate Program and its websites.
8. Governing Law and Arbitration
8.1 These Terms and Conditions are governed and construed in
accordance with the laws of the State of California, USA. If any
provision of the foregoing is held to be unlawful, void or for
any reason unenforceable, then that provision shall be deemed
severable and shall not affect the validity and enforceability
of the remaining provisions.
8.2 Any controversy of clam arising out of or relating to this
contract or the breach thereof shall be settled by arbitration
in accordance with the Uniform Rules for Better Business Bureau
Arbitration, and the judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
8.3 To resolve any dispute regarding AbleDoer Worldwide Affiliate
Program and its websites, Affiliate should contact Administrator
of AbleDoer at admint@1mlmwebhosting.biz.
AbleDoer may, at any time, revise the terms of this Agreement
without an advanced notice by posting changes online. Affiliate is
responsible for reviewing all information posted online, and the
continued use of the replicating website after changes are
posted constitutes the affiliate's acceptance of the modified
terms of this Agreement.
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