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Affiliate Agreement

This agreement contains the entire terms and conditions for participation in the our company, Impact.net Affiliate Program and the establishing of links from your web site to our web site.

Affiliate Program Acceptance
Upon submitting your application we will evaluate your application and will notify you of your acceptance or rejection in a timely manner. Your enrollment application may be accepted or rejected at our sole discretion based on criteria that we established for our affiliate program. If your application is rejected, you are welcome to reapply to the Affiliate Program again in the future. Upon acceptance you agree to abide by the terms and conditions of this agreement.

Affiliate Commissions
Affiliates are paid per sale. Commission rate is $20.00 per account that maintains service for a minimum of 60 days. A sale must occur within 90 days of the visitor visiting our web site to receive credit. The latest affiliate link receives credit for the sale. An agent (2nd tier) commission is 10% of the affiliates commissions that the agent had signed up.

Payments
Payment will be paid by check every month when an Affiliate has accrued $40.00 or more in commissions. Affiliates will be paid by check or through PayPal. Should commissions exceed $600.00 per year, for United States Affiliates may need to provide a W-9 Federal Tax form.

Links to Our Web Site
You agree to post on your web site a graphic and/or text link or links. You may post as many links or remove such links, at anytime without prior approval from our company. These links include HTML or scripting code, any change you make may cause the tracking to no longer function correctly. We are not be responsible for any technical failure that may result in the user's clicks going unregistered. Any such technical failure will be addressed by our company immediately after discovery.

Tracking
When someone clicks on a Qualified Link on your site, a cookie will be set in their browser with your affiliate ID or link code. During that visit to our web site or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie. Our company is not responsible for the existence of a cookie or whether a customer is able to accept cookies, may delete or prevent the use of cookies. We take no responsibility for you receiving credit for any sale, lead or click. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.

Policies
Affiliate agrees not to use any predatory advertising methods. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission.

Term and Termination
The term of this Agreement shall remain in effect until terminated by either party. This Agreement may be terminated by either party at any time, with or without cause, by e-mail or written notice of termination. Upon termination you may no longer use our Services, banners, images, links, content, trademarks, etc. on your site. You are only eligible for commission fees on sales generated during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

Relationship of Parties
Customers who buy products through the Affiliate Program will be deemed to be customers of our company. The relationship between our company and you, the Affiliate, is that of independent contractor. Each party shall conduct its respective business at its own initiative and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The term "Affiliate" shall not be interpreted as a legal partner or affiliate. 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 anything in this Section.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. A change is deemed effective when notice is posted on our web site. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute your acceptance of the change.

Limitation of Liability
Our company shall not be held liable for outdated, inaccurate or erroneous information displayed on the Affiliate’s site. In no event shall our company, its agents, its customers, officers and employees be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use our products or services, even if our company has been advised of the possibility of such damages. In any case, eBiz Inc's entire liability under any provision of this agreement shall be limited to $5.00 US.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold our company, harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against our company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or due to cancellation or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless our company against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our company's server or contracted servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers or contracted servers.

Disclaimer
Our company makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of 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.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Governing Law
This Agreement will be governed by the laws of the United States and the State of California without reference to rules governing choice of laws. 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 a provision or any other provision of this Agreement.