American Business Card
800-555-2234


Agreement


Please read the agreement document below before registering.

I accept these terms and wish to register.

This Agreement contains the complete terms of use that are a condition to your participation as an Affiliate in the Affiliate Program of American Business Card and the establishment of links from your affiliate website to our website, " AmericanBusinessCard.com." As used in this Agreement, "we" means AmericanBusinessCard.com and "you" means the applicant.

1. Enrollment in the Affiliate Program To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. If we reject your application, you are welcome to reapply to the Affiliate Program at any time. If we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for our Affiliate Program, we may terminate this Agreement at any time.

2. Promotion of our Affiliate Relationship (a) As an Affiliate Site, we will make available to you, a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms of use herein, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Program and will establish a link from your website to ours. The Links may connect to different product areas of our site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. (b) You agree that you will display on your site only those graphic or textual images indicating a Link that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel, or functionality of our site. (c) Affiliate must accurately promote our products, prices, and promotions and is prohibited from displaying misleading or false information about our products, our offers or us. (d) As an Affiliate Site, we will, upon your request, make available materials to you that you may, if you choose, incorporate into a promotional email to your users. Any and all emails sent by you incorporating materials obtained from American Business Card or otherwise referencing or promoting American Business Card or its products must comply with the following Email Guidelines:

(i) The distribution and presentation of the email must adhere to all local, state and federal laws and regulations that apply to Internet advertising and commercial emails.
(ii) Each email must be copied to affiliates@americanbusinesscard.com
(iii) American Business Card and its products must be described in an accurate manner.
(iv) An email must not be distributed to anyone who has not expressly requested to receive such commercial emails from you (opted-in).
(v) The email must make it clear that you are an independent third party.
(vi) The email must include a valid opt-out option; must not indicate directly or by implication that American Business Card is the sender of the email; and must not include “American Business Card”, the name of a American Business Card employee, or a return email address similar to AmericanBusinessCard@anycompanyname.com in the From line.
(vii) Opt-out requests from recipients of the email must be processed in a timely manner.
(viii) You must cooperate with American Business Card in the investigation and resolution of any questions, complaints or other issues arising from your email, including providing American Business Card with the information necessary to fully investigate the issue.
(ix) You must include your name in the printable portion of the email such that the recipient and American Business Card can identify you from a printed copy of the email. You will not use an “alias” in any email referencing American Business Card.

3. Our Responsibilities We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to you regarding sales statistics. The form, content and frequency of such information may vary from time to time at our discretion. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

4. Other Responsibilities and Opportunities of Affiliate Sites (a) If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent. (b) Contests and Promotions: As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may in our sole discretion offer, and in connection therewith, we shall make such contests and promotions available to users of your site. In addition, you will be entitled to earn commissions as set forth in sections 5 and 6 below. (c) Compliance with the Agreement: We have the right in our sole discretion to monitor your site and all of your marketing and promotional activities at any time and from time to time to determine if you are in compliance with the terms of this Agreement. If not, canceling the agreement at any time.

5. Commission Payment Determination Commissionable products ("Products") that are (a) sold by us, (b) purchased by users linking to our website from your website through a Link, (c) delivered to a customer, and (d) for which we have received full payment will qualify for a commission payment (each, a "Qualifying Purchase"). If a Product that generated a commission is returned by a customer, or is not paid for due to customer credit card fraud or bad debt, we will deduct the corresponding commission from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the commission. Affiliate Program commissions are subject to change at any time without advance notice. The current commission schedule and commissionable products can be viewed when you log into your account. We will not pay referral fees on any products unless the purchaser enters our site through a Link of an authorized Affiliate and completes a purchase. We will not pay referral fees on purchases made by customers returning directly to our site (i.e. not through a Link) even if the customer previously came to our site through a Link. We will not pay referral fees on any Products that are purchased through any device (an "Internet Access Appliance") that provides Internet access but does not present our site, or permit users to access and interact with our site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDAs that may access only limited or modified versions of our site). We will pay commissions via our toll free number if the customer references the referring website.

6. Commission Payment When the total commission payment(s) due to you (based on Section 5 above) exceeds $25.00 at the end of any calendar quarter, you will be paid by a company check for the applicable commission (less any taxes required to be withheld under applicable law) and a statement of activity will be provided to you. Such commission checks and statements of activity will be sent approximately 30 days after the end of each calendar quarter and will be paid in US Dollars only. However, if the commissions due to you for any calendar quarter are less than $25, we will hold such commissions until the total amount due at the end of a calendar quarter is at least $25 or (if earlier) until this Agreement is terminated.

7. Reports of Sales You will be given a password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.

8. Policies and Pricing Customers who buy American Business products through the Affiliate Program will be deemed to be customers of American Business Card. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and American Business Card Product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Prices and availability of our products may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

9. Publicity Except as expressly permitted under Paragraph 2 above, you shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

10. Licenses and Use of the American Business Card Logos and Trademarks (a) WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, (ii) DISTRIBUTE EMAILS COMPLYING WITH THE EMAIL STANDARDS SET FORTH IN PARAGRAPH 2 ABOVE, AND (iii) SOLELY IN CONNECTION WITH SUCH LINKS AND EMAILS, TO USE THE AMERICAN BUSINESS CARD TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY IN THE FORM(S) THAT THEY APPEAR ON OUR AFFILIATE SITE) (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SOLICITING AND ENCOURAGING YOUR USERS TO LINK FROM YOUR SITE TO OUR SITE, FOR THE PURPOSE OF PURCHASING PRODUCTS. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE PROGRAM. (b) You shall not make any use of any Licensed Materials for purposes other than selling our products through your site for us without first submitting a sample of such to us and obtaining the prior written consent of an American Business Card brand manager, which consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. You hereby acknowledge our exclusive ownership of and rights to the Licensed Materials and agree that all goodwill arising from use of the Licensed Materials shall inure to our benefit. We may revoke your license at any time, by giving you written notice. (c) You grant to us a non-exclusive license to utilize your names, titles, and logos (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

11. Obligations Regarding Your Site (a) You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting product reviews, descriptions, and references on your site and linking those descriptions to our catalogue; the accuracy and propriety of materials posted on your site (including, but not limited to, all American Business Card Product-related materials); ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. (b) We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. (c) You hereby agree that your site will not, in any way, copy or resemble the look and feel of our site nor will you create the impression that your site is our site or is a part of our site, nor will you frame any page on the American Business Card site being viewed by a user of your site who links to the American Business Card site through a Link. (d) You also hereby agree that your site will not contain any content of our site or any materials which are proprietary to American Business Card, except (i) with our prior permission, or (ii) materials which are obtained by you via the American Business Card affiliate site in accordance with the provisions hereof or the policies or instructions thereon. You further hereby agree that (i) your domain name does not and will not contain the word "AmericanBusinessCard," or any variation thereof (collectively, the "American Business Card marks"), and (ii) that you will not purchase or otherwise contract with a third party to exploit any of the American Business Card marks for the purpose of causing the Affiliate site to appear as a search result or for any other reason.

12. Term of the Agreement The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by sending the other party written notice of termination. It is your obligation to keep us informed of your current address. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Affiliate Program. You are only eligible to earn commission on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related American Business Card Product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

13. Modification We may modify any of the terms of use contained in this Agreement at any time, in our sole discretion, by posting a change notice or new agreement on our site. Modifications may include, but are not limited to, changes in the scope of available commissions, 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 BINDING ACCEPTANCE OF THE CHANGE.

14. Relationship (Independent Contractor) You and American Business Card 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.

15. 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 AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

16. Indemnification You hereby agree to indemnify and hold harmless American Business Card and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, (iii) any claim related to your site or your promotional activities, including, without limitation, content therein not attributable to us, or (iv) any action or claim that you sent one or more emails that were unsolicited or were otherwise not in compliance with all applicable laws and regulations.

17. Disclaimers We make no express or implied warranties or representations with respect to the American Business Card Website or the American Business Card Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of course of performance, dealing, or 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.

18. Representations and Warranties You hereby represent and warrant to us as follows:

· This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

· The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

19. Associations/Preferred Partners You will be paid commissions based on a pre-determined rate. These commissions are only to be paid out when a member/customer enters the American Business Card website through your website and makes a purchase. Associations/Preferred Partners are given a discounted rate to be used internally, but is not a commissionable amount. All purchases made by the partners themselves are non-commissionable.

20 . Governing Law This Agreement will be governed by the laws of the United States and the State of Arizona, 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 Scottsdale, Arizona, 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 a provision or any other provision of this Agreement.

I accept these terms and wish to register.