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This Agreement contains the terms and conditions that
apply to an individual or entity’s participation
in the Trailresources.com Online Affiliate Program.
As used in this Agreement, "we" means Info
Cubic LLC, and "you" means the participant.
Info Cubic LLC reserves the right to accept or reject
any company requesting to be part of our Affiliate Program.
Linking
We will provide you with the procedures and links to
use in linking to our Site. To ensure accurate tracking,
reporting and commission accrual, we will provide you
with special tagged link formats to be used in all links
between your site and our site. You must make sure these
links are properly utilized. We will not be held liable
for any failure by you.
Use of materials
We grant you permission to use the graphic images and
text solely for the purpose of identifying your site
as a Program participant and to assist in generating
sales. We reserve all rights to any graphic image and
text, or any other images, our trade name and trademark.
Commissions
We will pay commissions on orders that are placed on
a purchase through from your site, including any extra
sales as a result of that click through. Commissions
will only be paid after an order is fully processed
and paid. You will earn 10% to 30% on all referral sales
of the total qualifying revenue, which excludesreturns,
chargeback and bad debt. Any customer returned products
will be deducted from the next check. Checks will be
sent out quarterly, unless the total of the commissions
is more than $100.00 in one month, in which case the
check will be sent out within 10 days of the following
month.
Order processing, policies and pricing
We will be responsible for all aspects of order processing
and fulfillment. We reserve the right to reject any
order that does not comply with our requirements. Customers
who purchase products through this Program will be deemed
to be customers of Info Cubic LLC. All rules, policies,
customer service and product sales will apply to those
customers. We may change our policies and procedures
at anytime and prices and availability may vary.
Terms of agreement
We may modify any of the terms and conditions of this
Agreement, at any time by providing you a written change
notice or new agreement. If any modification is unacceptable
to you, your only recourse is to terminate this Agreement.
Your continued participation in the Program following
our provision of a change or new Agreement will constitute
acceptance of the change.
Either party may terminate this Agreement at any time,
with or without cause, by giving the other party written
notice of termination. If this Agreement is terminated,
you will immediately cease use of, and remove from your
site, all links to our site, and all of Info Cubic LLC
trademarks, trade dress, logos, and all other materials
provided by or on behalf of us to you in connection
with the Program. All commissions earned through the
date of termination will remain payable only if the
related orders are not cancelled or returned. We may
hold your final payment for a reasonable time to ensure
the correct amount is paid.
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.
Furthermore, our aggregate liability arising with respect
to this Agreement and the Program will not exceed the
total commissions paid or payable to you under this
Agreement.
Disclaimers
We make 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. Neither party shall
be liable to fulfill its obligations hereunder, or for
delays in performance, due to causes beyond its reasonable
control, including, but not limited to, acts of God,
acts or omissions of civil or military authority, fires,
strikes, floods, epidemics, riots or acts of war.
Miscellaneous
This Agreement will be governed by the laws of the United
States. Any action relating to this Agreement must be
brought in the federal or state courts, and you consent
irrevocably to the jurisdiction of such courts. 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.
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