Affiliate Agreement

Please read this agreement carefully before registering. It explains how the Express Your Address Affiliate Program works and the terms and conditions to which we are agreeing by registering.
 

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation as an “Affiliate” in the Express Your Address (EYA) Affiliate Program (the "Program"), which is administered by Questcom, Inc. d/b/a Express Your Address. As used in this Agreement, "we" means EYA and "you" or "Affiliate" means the applicant, "Site" means a World Wide Web site and, depending on the context, refers either to EYA’s site or to the site(s) or e-mail messages that you will link to our site.

Whereas Affiliate desires to seek out and refer potential Customers to EYA, the parties hereby agree as follows:

1. Enrollment in the Program

To begin the enrollment process, you will complete and submit the on-line registration form at the EYA Web site. We will then evaluate your application and will notify you if there are any questions. We may reject your application at any time if we determine (at our sole discretion) that your site (Web Affiliates) or other method(s) of communication (for example: mailings, newsletters, yard signs, correspondence, email, catalogs, advertising, etc.) is unsuitable for the Program for any reason, including, but not limited to: if in EYA’s sole judgment your site, or other method of communication includes images or content that contains sexually oriented images, text or materials; contains violence; contains images, text or other references regarding discrimination based on race, sex, religion, nationality, disability, or age; promotes illegal activities; or, violates intellectual property rights and/or copyrights or trademarks.

Once your application is approved, you agree that you will promote the Program utilizing your efforts to seek out and refer potential Customers to EYA’s Web site. EYA shall have the right to publicize, promote and/or advertise the fact that a particular Affiliate is associated with the Program.

If your application is not approved, you are welcome to reapply to the Program at any time. If we accept your application and your site or other method(s) of communication is later determined (at our sole discretion) to be unsuitable for the Program based on, but not limited to the same criteria listed above, we may terminate this Agreement.

2. Promotion of EYA, Links on Your Web Site or Other Method of Communication

We reserve the right to provide you with guidelines and/or graphic artwork for use with print ads, yard signs, flyers, door hangers, and, if you utilize and maintain a Web site: banner advertisements, button links to our site, and a textlink to use in linking to our site, any of which may include EYA’s logo and words identifying EYA. When used in conjunction with Affiliate’s online Web presence and online marketing activities, each of these graphic and electronic text links will herein be referred to as "Links" or individually as a "Link" and are subject to the terms and conditions of this Agreement. In utilizing the Links and other information, you agree that you will cooperate fully with us in order to establish and maintain such Links. A Link may only be modified with our consent and such modification will in no way alter the look, feel, or functionality of our site. We have the right to monitor your site or other method(s) of communication at any time to determine if you are in compliance with the terms of this Agreement.

It is expressly agreed that Affiliate may only send and utilize promotional material relating to EYA via e-mails, to persons, groups, or organizations who have chosen to be a part of, or voluntarily joined, affiliate's lists or other methods of communication, including e-mail lists. Affiliate warrants that any communication from Affiliate concerning EYA will comply with any and all applicable regulations and laws. Affiliate expressly agrees that materials and/or communications containing references to EYA may not be a part of or distributed in unsolicited communications e.g. SPAM (unsolicited mass e-mailing). Any breach by affiliate of the foregoing performance obligations will result in the immediate termination of this agreement without notice.

3. Order Processing

We will process all orders placed by customers who follow the Links from your site to the EYA site, or enter your Affiliate ID during the checkout process. We reserve the right to reject orders that do not comply with any requirements that we establish (such as, but not limited to, false names and/or addresses, prank orders, etc.). We will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, processing payments, cancellations, and customer service requests. We will track sales made to customers who are active and in good standing and will make available to you at our Web site reports summarizing this sales activity. The form of these reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your site and our site are properly formatted with your unique Affiliate ID. For customers referred to EYA’s site by other means attributed to you (e.g. print ads, flyers, yard signs, etc.), you must ensure that your referrals enter your unique Affiliate ID during the check out process.

4. Referral Fee

We will pay you the Affiliate Referral Fee (defined in 4b.), which may also be referred to as “Commission,” on all Qualifying Sales (defined in 4a.) as follows:

    a.       Qualifying Sales for the Affiliate Referral Fee: For a sale to generate Commission, the customer must: a.) follow an Affiliate Link (in the format specified by EYA) to the EYA site or enter your unique Affiliate Referral Code during checkout; b.) purchase their product(s) via our site; and, c.) remit full payment to us. Any additional products that are added to a customer's Shopping Cart within 14 days of the time from which a Link referred customer clicks from your link or enters your Referral Code, will be credited to you as an Affiliate generated sale as long as the customer does not subsequently enter another affiliate's Referral Code during checkout, in which case the Affiliate Referral Fee will be credited to the other affiliate. Link-generated referrals from customers who have already been referred by another affiliate will not be recognized. For non-Link referrals, your Referral Code must be entered during checkout for you to be credited for the sale.

    b.      Affiliate Agent Referral Fee: You will earn the Affiliate Referral Fee established  by EYA. The Affiliate Agent Referral Fee is 10 percent on all qualifying sales for which you were identified as the referring Affiliate, as described above. The Referral Fee is calculated on the purchase price of the entire order, after discounts from coupons. Shipping and handling fees are excluded from the commission calculation.

Note: EYA is not responsible in any way for Affiliate Referral Fees not recorded by EYA's Affiliate Program. Because affiliate referrals are tracked by cookies on the customer's computer, referral activity can not be tracked if a referred customer does not allow cookies or deletes his or her cookies. In addition, sales activity for a referred customer can not be tracked if the customer makes a subsequent purchase from a different computer without entering an Affiliate Referral Code. EYA is not responsible in any way for Affiliate Referral Fees not tracked and recorded by EYA's Affiliate Program for these reasons or any other reason beyond EYA's control.

5. Affiliate Agent Referral Fee Payments

EYA will pay you an Affiliate Referral Fee on a calendar monthly basis. Approximately 45 days following the end of each month, we will send you a check for the Affiliate Referral Fee earned on Qualifying Sales that were paid for during the previous concluded month. However, if the Affiliate Referral Fee payable to you for any month are less than $20.00 (U.S. Dollars), we reserve the right to hold those fees until the total amount due is at least $20.00 (U.S. Dollars) or (if earlier) until this Agreement is terminated. If a Qualifying Sale that generated an Affiliate Referral Fee is canceled or product(s) is returned and monies are refunded to the customer, we will deduct the corresponding amount from your next monthly payment. If there is no subsequent payment, EYA will send you a bill for the cancelled Affiliate Referral Fee amount and you agree to reimburse EYA within thirty days for that amount.

6. Policies and Pricing

Consumers and other parties who buy products through the EYA Web site will be deemed to be customers of EYA. Accordingly, all EYA rules, policies, and operating procedures concerning the customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time and without notice. We will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.

7. Non-Exclusive Limited License

All images, trademarks, service marks, product names, company names, or logos appearing on the EYA web site and products, are the property of EYA or their respective owners. Use of images, trademarks, service marks, product names, company names, or logos, not owned by EYA, including the reproduction, modification, distribution, or republication of same, without the prior written permission of the owner of same, is strictly prohibited.

We grant you a non-exclusive, non-transferable, revocable right to use the approved EYA images and graphics pertaining to the Program, solely for the purpose of referring prospective Customers. Pursuant to this license, you may not reproduce, modify, distribute, or republish any of the approved images and graphics, except as permitted pursuant to this Affiliate Agreement. The license shall terminate upon the effective date of the expiration or termination of this Agreement.

8. Your Responsibilities

You will be solely responsible for any materials that you produce, publish, post, distribute, and/or send through any method of communication concerning the Affiliate Program including all costs for development, production, operation, and maintenance of your site and for all materials that appear on your site, and/or other materials produced and used for marketing EYA’s products and/or Web site, including, but not limited to, the technical operation of your site and all related equipment, creating and maintaining links to EYA’s site on your site, and the accuracy and appropriateness of same materials. You will also be solely responsible for ensuring that materials and information distributed by you or posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials and information distributed by you or posted on your site are not libelous or otherwise illegal. You hereby release us from any and all liability concerning these matters, and we disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to any breach by you of any of the terms, conditions, or obligation contained in this Agreement as well as to the sending of any materials you send through any method of communication concerning EYA or the Affiliate Program and/or the development, operation, maintenance, and contents of your site and/or marketing related materials.

Consumers who click through to the EYA site through a Link shall experience the EYA site exactly as presented by EYA. Without limiting the foregoing, Affiliate shall not "frame" users’ access of the EYA site in any manner, including without limitation, with advertisements, branding or other material. Additionally, Affiliate shall not transmit any so-called "interstitials, " "ParasiteWare," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations/Add-ons," "Shopping Wallets" or "deceptive pop ups/unders" to Consumers from the time the Consumer clicks on a Link until such time as the Consumer has fully exited the EYA site (i.e., no page from the EYA site or any EYA content or branding is visible on the Consumer’s screen).

As used herein a. "ParasiteWare" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a Link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, LookSmart, Ask and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open the Merchant site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

Affiliate sites that use pop ups/unders for the purpose of aiding shoppers may not use such pop ups/unders to set or overwrite a commission tracking cookie, deceive the shopper or redirect the shopper from the EYA site at anytime for any purpose. Pop ups/unders must be free of any kind of link.

Affiliate shall not automatically set tracking cookies on the Consumer's computer in any way (i.e. only direct clicks on a Link by a site visitor may be used as a way to initiate the creation or overwriting of a tracking cookie).

9. Term of the Agreements

The term of this Agreement will begin upon our acceptance of your registration application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Notices are deemed given when delivered to EYA by mail or e-mail to the addresses below, or to Affiliate at the address or e-mail addresses Affiliate provides to EYA when registering with the Program. You are only eligible to earn Affiliate Referral Fees on Qualifying Sales occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

10. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time, without prior notice and in our sole discretion, by posting a change notice or a new agreement on our site, and at which time we will inform you of said modifications. We warrant that all Affiliates will be treated equally. Modifications may include, for example, changes in the scope of available Affiliate Agent Referral Fees, payment schedules, payment procedures, and Program Rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

11. 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 anything in this Section or elsewhere in this Agreement.

12. Limitation of Liability

Affiliate specifically agrees and understands that it is material to this Agreement that EYA will not be liable for indirect, special, incidental, consequential or punitive damages of any kind (or any loss of revenue, profits, or data) arising in connection with or related to 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 Affiliate Referral Fees paid or payable to you under this Agreement.

13. Disclaimers and Confidentiality

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, non-infringement, 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.

EYA may abandon the Program at any time for any reason whatsoever and upon notice that EYA is no longer actively continuing the Program, this Agreement will automatically terminate.

14. 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 business operation and/or web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

15. Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Nebraska, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Douglas County, Nebraska and you irrevocably consent 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 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.

 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date the Affiliates application is approved.

Questcom, Inc.
d/b/a Express Your Address
1710 South 154th Circle
Omaha, NE  68144 

Info@expressyouraddress.com

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