This Agreement ("the Agreement") is made between Truckdriver.com, a Minnesota Company, and you, as our Affiliate.
1. ACCEPTANCE. By clicking on the "I Agree" button on our Affiliate Application page you accept all of the terms and conditions of this Agreement. If you do not click the "I Agree" button you will not be authorized to be an Affiliate.
2. SIMPLE STATEMENT OF RELATIONSHIP. Truckdriver.com welcomes you as an Affiliate and when someone purchases services from our website, i.e. recruiting packages, as a result of clicking on a Link on your website, you will receive a commission according to the terms and conditions in this Agreement. You and Truckdriver.com are entering into this agreement as independent contractors, and nothing in this Agreement will create an employment relationship, partnership, franchise, joint venture or agency between the parties. You will not be authorized to make or accept any offers or representations on our behalf.
3. LINKS means establishing a hyperlink to the Truckdriver.com Affiliate Program website that is copied and pasted from your individual password-protected Affiliate Administration area on our site at http://www.truckdriver.com/aff_manager/index.cfm. If the HTML code is altered in any way after copying from that Web page, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly. As an affiliate you may not promote your links to Truckdriver.com through unsolicited email, newsgroup postings or any other method of uninvited mass communication on the internet.
4. TRACKING. When someone clicks on a LINK on your site, a cookie will be set in their browser with your Affiliate ID, and their IP address will be logged with your Affiliate ID. During that visit to our website or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database. Truckdriver.com cannot be responsible for tracking sales should the customer perform a deletion of cookies from their browser. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.
5. COMMISSION. Our Affiliate Program pays the Affiliate a commission of 25% only on the initial sale when the sale (products only not including sales tax or shipping) results from a visitor sent by a Link on the Affiliate's website. A commission will be earned if a sale occurs within 90 days of the visitor passing through the Affiliate link. The commission rates can be changed or discontinued at any time with notification as provided herein. If a visitor passes through links from two different Affiliates before making a purchase, then the most recent link is credited with the sale. We cannot accurately track sales by check, cash, money order, postal order, or any other means other than credit/debit card.
6. CHARGEBACK. If the purchaser makes a duplicate entry, later cancels the service, makes an unauthorized payment, or does not make full payment to Truckdriver.com, payment made to the Affiliate for that purchase shall be rescinded. A chargeback or adjustment could also occur if Truckdriver.com is unable to complete the sale because of manufacturer/supplier out of stock conditions or product discontinuances.
7. PAYMENTS. Payments will be made to the affiliate at the end of each month via check in US funds for commissions earned during the month. All payments will be made within 15 days on the commissions becoming due at the end of the preceding month. Payments will only be made if the total of $25.00 is owed to the Affiliate. Any balance under the threshold will be carried over until the total is reached or exceeded. United States Affiliates (individual/resident/corporation/business) must provide Truckdriver.com with a completed W-9 Federal Tax form before Truckdriver.com will issue a check to the Affiliate. Truckdriver.com agrees to issue a 1099 to Affiliates only if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax.
8. CHANGES TO THE PROGRAM. Truckdriver.com reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In such case Truckdriver.com will notify Affiliates of such changes via e-mail at which time you will have 30 days to either agree to such changes or withdraw from the Affiliate Program.
9. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age.
10. TERMINATION. HEALTHY TRUCKDRIVER.COM RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS AN AFFILIATE. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: (a) SITES THAT ARE PORNOGRAPHIC IN NATURE; (b) SITES THAT DISPLAY ADULT BANNERS; (c)SITES THAT ARE RACIALLY OR SEXUALLY OFFENSIVE; (d) SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED; (e) SITES THAT PROMOTE ILLEGAL ACTIVITY; (f) SITES THAT CONTAIN LINKS TO ANY WEBSITES CONTAINING MATERIAL AS MENTIONED IN THIS PROVISION.
11. LIMITATION OF LIABILITY. TRUCKDRIVER.COM DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF THE TRUCKDRIVER.COM WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL TRUCKDRIVER.COM BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF TRUCKDRIVER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. SEVERABILITY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
13. OWNERSHIP AND LICENSES. Truckdriver.com grants a non-exclusive, limited, revocable right to the Affiliate to use Truckdriver.com trademarks and banners. All images, programs, HTML code, and content provided by Truckdriver.com shall remain the sole property of Truckdriver.com, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, trade names, and service marks shall remain the sole property of Truckdriver.com, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, links, banners, the content, or any images Truckdriver.com provided in any way.
14. TERM AND TERMINATION. This agreement shall remain in effect until terminated. The Agreement may be terminated by Truckdriver.com or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you are no longer granted any rights as an Affiliate, and you may no longer use Truckdriver.com banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the Truckdriver.com site.
15. ASSIGNABILITY. Truckdriver.com may assign this Agreement to any successor.
16. FORCE MAJEURE. Neither Truckdriver.com nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of fires, storm, explosions, flood, earthquakes, acts of God, labor conditions, strikes, governmental action, war, shortages, riots, insurrection, or any other cause which is beyond the reasonable control of Truckdriver.com or the Affiliate.
17. JURISDICTION. Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Isanti, Minnesota, USA, and any dispute will be litigated or arbitrated in Isanti County, Minnesota or a nearby county. This Agreement shall be governed by Minnesota Law.
18. 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 PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT NOT SET FORTH IN THIS AGREEMENT.
19. SOLE AGREEMENT. This Agreement constitutes the sole agreement between Truckdriver.com and the Affiliate regarding the Affiliate Program.