Create an Affiliate Account
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To create an account, please complete the following. Mandatory fields are indicated with an
*
. Any additional information as requested may be provided at your option.
Affiliate Address
Affiliate Agreement
Company
*
First Name
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Last Name
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Address
Suite
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City
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State/Prov
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Outside USA / Canada
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Country
Antarctica
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United Kingdom
United States
Uruguay
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Postal
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Phone
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Email
Website Address
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Username
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Password
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PayPal Account Email
I agree with the Affiliate Agreement.
Yes
No
Website Guardian Affiliate Program Agreement The Website Guardian Affiliate Program (Program) available through and described at http://www.website-guardian.com, is owned and operated by The Website Guardian, a Toronto, Ontario Canada Company, and is offered under the following terms and conditions. ------------------------- 1. Program Enrollment Upon completion of the Program application, applicants are enrolled at the sole discretion of the Website Guardian. Once an application has been accepted, enrollees become an approved Website Guardian Affiliate (Affiliate). ------------------------- 2. Links During the affiliation term, the Website Guardian grants to Affiliates a non-exclusive, revocable license to display on websites and in other electronic media Website Guardian graphic buttons or text links and to establish links between the Affiliate communications and Website Guardian websites. It is the responsibility of the Affiliate to install and format all links properly in accordance with the instructions provided by Website Guardian in the Affiliate Control Panel. Website Guardian may assist with installation or formatting of links. Affiliates may not modify the provided graphics or banners or change their size. Website Guardian reserves the right to modify the graphics at its sole discretion and the Affiliate agrees to update graphics on their websites within five business days of receiving notice of such modifications. Formatting of text links may be altered by the Affiliate. The content of text links is not to be altered. The Affiliate shall, upon termination of this Agreement for any reason, immediately cease all use of Website Guardian graphics and links and remove them from their websites and other electronic communications. Use of the Website Guardian trademark and any associated goodwill shall accrue solely to the Website Guardian. ------------------------- 3. Commissions and Payment Schedule Within 10 days following the end of each calendar month during the term of this Agreement, the Website Guardian will pay the Affiliate the agreed percentage of transaction revenues on sales received by the Website Guardian during the prior month. Transaction revenues are defined as monetary amounts received by the Website Guardian for purchases by customers arriving from an Affiliate link as tracked by Website Guardian, exclusive of taxes, processing fees, returns, bad credit, credit card fraud and credits and allowances issued to customers by the Website Guardian. On the first sale there is NO commission awarded. All other sales after the first receives full commission. Commissions shall not be made for any given month in which Affiliate fees owed are under US$25.00. In such cases, all fees payable shall be carried forward to successive months and paid upon the earlier of such time as the cumulative Affiliate fees payable are equal to or greater than US$25.00, or the Affiliate Program Agreement is terminated by the Website Guardian or the Affiliate. Transaction tracking requires and is dependent upon the proper installation and formatting of links on the Affiliate website in accordance with instructions provided by Website Guardian. Website Guardian provides password-protected online access to Affiliate account management and transaction histories. The Affiliate agrees to keep such passwords confidential and not to disclose or allow their use by third parties. ------------------------- 4. Locales Website Guardian ordering and affiliate tracking is available for orders shipped and billed within the United States and Canada. Orders from other regions cannot be processed. ------------------------- 5. Warranties and Indemnity The Affiliate warrants to the Website Guardian that their websites and other electronic communications do not and will not promote adult-oriented content, illegal or anti-government activity or discrimination based on race, sex, religion, sexual orientation or physical disability. The Affiliate agrees to defend, indemnify and hold harmless the Website Guardian against any claims, actions or demands arising from breach of the foregoing warranty including attorneys fees and court costs. ------------------------- 6. Special Offers The Affiliate agrees not to post any Website Guardian special offers or coupon codes except those specifically provided as part of the Program. ------------------------- 7. Termination Either party may terminate this Agreement at any time. Upon termination for any reason, the Website Guardian shall have the right to withhold final payment to ensure proper computation of any deductions for returns, bad credit, credit card fraud and credits and allowances issued to customers following such termination. Sections 5 through 7 of this Agreement shall survive termination. ------------------------- 8. Warranty Disclaimer Website Guardian makes no warranties with respect to the Program, the Website Guardian websites, or the number of transactions generated through the Program, and hereby disclaims all representations and warranties of any kind, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement. Some states do not allow limitations on the duration of implied warranties, so the above limitations may not apply to certain Affiliates. ------------------------- 9. Limitation of Liability Notwithstanding anything in this agreement to the contrary, the Website Guardian will not be liable with respect to the subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any indirect, incidental or consequential damages or for any amounts in excess, in the aggregate, of the commissions paid to the Affiliate during the six-month period prior to the date any alleged cause of action arose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to certain Affiliates. ------------------------- 10. General Website Guardian reserves the right to modify or cancel the Program, or any aspect thereof, by providing the Affiliate with an email or other notice in the Affiliate Control Panel or on the Website Guardian website. Affiliates shall be responsible for noting any such changes. After 10 business days of notice of such changes, the Affiliate will be deemed to accept such changes. The Affiliate agrees that it will make no public announcement or press release regarding the relationship entered into hereunder without the prior written approval of Website Guardian. Affiliates grant Website Guardian the use of Affiliate trademarks and logos for identification purposes in its marketing materials and press releases. Except as otherwise set forth herein, all notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed via facsimile or email or, if sent by certified or registered mail, with a return receipt. The Affiliate may not assign or transfer any rights or obligations under this Agreement without the prior written approval of the Website Guardian, and any attempt to do so shall be void and without effect. Website Guardian may assign this Agreement in whole or in part. Website Guardian will not be responsible for any delay in the performance of its obligations hereunder caused by any acts, omissions or events beyond its control. This Agreement represents the complete agreement and understanding between the Affiliate and the Website Guardian with respect to the subject matter herein, and supersedes any other written or oral agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of any other provision. This Agreement shall be governed by the laws of the Provice of Ontario, without regard to conflicts of legal provisions thereof. The Affiliate agrees and consents to the sole jurisdiction and venue for actions related to this Agreement to be the provincial and federal courts located in Ontario, Canada.