This Agreement contains the terms and conditions that apply to an individual or entity's participation in Atayne's Partner Program. As used in this Agreement, "we" means Atayne, and "you" means the participant.
Atayne reserves the right to accept or reject any company requesting to be part of our Partner Program.
We will provide you with the procedures and links to use in linking to Atayne.com. To ensure accurate tracking, reporting and commission accrual, we will provide you with special tagged link formats to be used in all links between your site and our site. You must make sure these links are properly utilized. We will not be held liable for any failure by you to use the Atayne links.
Use of Materials
We grant you permission to use the graphic images and text solely for the purpose of identifying your site as a program participant and to assist in generating sales. We reserve all rights to any graphic image and text, or any other images, our trade name and trademark.
We will pay commissions on orders that are placed on a click through from your site, including any extra sales as a result of that click through. Commissions will only be paid after an order is fully processed and paid. You will start by earning 10% on all referral sales of the total qualifying revenue, which excludes costs for shipping, handling, returns and bad debt. Any customer returned products will be deducted from the next payment.
Payments will be sent out monthly via PayPal, unless the total of the commissions is less than $25. If that is the case, your monthly earnings will be rolled over into your next payment.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and fulfillment. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through this Program will be deemed to be customers of Atayne.com. All rules, policies, customer service and product sales will apply to those customers. We may change our policies and procedures at anytime and prices and availability may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any time by providing you an e-mail change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change.
Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of Atayne's trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid.
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 Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.
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, noninfringement, 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. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.
Protection of Personal Information
We want you to feel confident about using Atayne.com and our Partner Marketing Program online software. We are committed to protecting the personal information we collect. While we, like any website, cannot guarantee security, we have implemented appropriate physical, electronic, and managerial security procedures to help protect the personal information that you provide to us. Below is a list of steps we have taken to protect any personal information you submit to Atayne through our Partner Marketing Program.
- The program website is secured by SSL so any information you submit is encrypted while in transit.
- The server that stores your information is in a secure location on the west coast of the United States.
- The program website connects to the database via a localhost so information is not passed anywhere outside the filesystem of the server once it is submitted over SSL.
- The password you create for the program is encrypted using MD5 with a salting routine added for additional security.
This Agreement will be governed by the laws of the United States and the State of Maine. Any action relating to this Agreement must be brought in the federal or state courts located in Portland, Maine, and you consent irrevocably 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 be 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.