TERMS OF SERVICE (AGENT/AFFILIATE AGREEMENT)
This agreement describes the entire terms and conditions for participation in the Sibername.com Agent Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring web site" refers to the web site from which you will link to Sibername.com. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Sibername.com and the terms "domain name" or "domain names" refer to domain names registered through Sibername.com.
You can add or remove links at any time: You may add as many links to us, or remove such links, at any time and without prior approval from us.
Referral Fee Amount: The total of such domain name sales and hosting package sales for the respective domain name sold from a your site in any given month will generate referral fees. Referral fee is 10% for the services below
and 40% for the other services we offer for the first year.
Referral fee for New Services Ordered by the referral: Participant won't be limited to the first service ordered by the referral. The same rates will apply for the new services ordered by the participant's referral. Participant will continue earn referral fees as long as the referral keeps his account active with Sibername.com.
Renewal Fees. If any service of the referral is renewed, a referral fee amount of 20% will be added to the Participant's account with us. There are no referral fees for the domain name renewals. The referral commission is 10% for the following services
Referral Fee Qualifying Sales: Domain names and hosting packages or any other services sold by us originating from a special link or links at your sponsoring web site qualify to earn you referral fees. Domain names or hosting packages sold: (a) through any other link to our site other than the specific URL's that you are assigned to your sponsoring web site; or (b) resulting in a claim by the purchaser under the terms of our guarantees or for any other reason we are unable to collect payment; or (c) for your use if they were otherwise any of the first four qualifying sales shall not earn you a referral fee. If a referral fee was paid but later deemed to be not Earned, the referral fee for such domain name will be deducted from the next monthly payment sent to you. If there is no next monthly payment, the Participant will be billed.
Referral Fee Payment: Referral fees shall be deemed Earned by you only after $25 CAD in referral fees have accumulated ("Earned") after minimum 30 days from the date your application has been approved by us. You will be able to claim your referral fees any time by using the links on your Agent or agent interface. Payments shall be remitted to you approximately 30 days after the end of any calendar month when referral fees have been earned.
Order Processing: We will be solely responsible for processing every order placed by a customer following a special link from your sponsoring web site. Order forms, payment processing and related customer service are our responsibility. All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales: We will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring web site. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be e-mailed to the Participant on a monthly basis.
Promotional Techniques: You are free to promote your link to Sibername.com in all the ways we recommend in the introductory e-mail letter you receive from us when your application has been approved. However, if you use SPAM (in any way, shape or form, including e-mail and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and upon such action become the property of Sibername.com.
References/Testimonials: You agree to cooperate with us in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing material and make reference to you on our web site.
Copyrighted material: As the Participant, you are solely responsible for ensuring that your promotional materials obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. We will not be responsible if you use another party's copyrighted material in violation of the law.
Sibername.com policies apply to all orders: Every customer who buys a domain name through this program is deemed to be a customer of Sibername.com. The Participant does not have the authority to make or accept any offer on our behalf. All of our policies regarding customer orders, including pricing and problem resolution, will apply to these customers. We are not responsible for any representations made by the Participant which contradict our policies.
Prices: The price charged for our services under this program will be determined solely by us according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price posted on the Sibername.com web page at the time of a sale from your sponsoring web site.
Web site service interruption: We will make every effort to keep our web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold us liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, Servicemarks and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks, Trade Names and Servicemarks in connection with marketing and sales of these services.
Term of the Agreement: The Participant will receive referral fee payments on earned qualifying sales for which payment is received by Sibername.com during the term of this agreement. This term will begin on the date that your application is approved by Sibername.com, and shall end when canceled by either party as provided below. Referral fees earned through the date of expiration or cancellation of this agreement will remain payable subject only to limitations stated in this agreement. Payment of the final referral fees Earned to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The agreement may be modified: Sibername.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our web site.
Cancellation of this agreement: Either Sibername.com or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer: Sibername.com makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Sibername.com 's then current sales policies, any sales thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages: Sibername.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees earned or payable by Sibername.com to Participant under this agreement.
Miscellaneous: Participant and Sibername.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Sibername.com. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the laws of the province of Ontario without giving effect to its conflict of law provisions.