I.
Parties to this Agreement
The Integrity Business
Bureau, is an
Arizona limited liability company with its principal place of business
at 2036 N Gilbert Rd Suite 2-160, Mesa, AZ 85203. This agreement is
entered into by Integrity Business Bureau and each of its Affiliate(s).
“You”, “Your” refers to each
and every
affiliate or sub-affiliate of the Integrity Business Bureau affiliate
program. Participation in the program constitutes full and complete
acceptance of the TOS set forth herein.
II.
Integrity Business Bureau Resposibilities
A. Coded URL
Upon your acceptance, Integrity Business Bureau will provide you with a
URL coded to specifically identify you, which will allow you to create
a link to the Integrity Business Bureau web site. You may post this
link in any location, as many times as you like subject to the
remaining terms of this agreement regarding acceptable links.
B. Tracking
Integrity Business Bureau agrees to track the customers referred to
Integrity Business Bureau via the link provided to you for that
purpose. Integrity Business Bureau utilizes cookies, IP address and
other click history tools to maintain tracking information for the
lifetime of each referral. Integrity Business Bureau will pay you a
commission for each such referral made in compliance with this
agreement pursuant to the commission schedule and the terms set forth
in this affiliate agreement.
III.
Affiliate Responsibilities
A. Minimum Age
You agree that you are 18 years of age or older on the date that you
first approve the terms hereof. You agree that you are in a
jurisdiction where participation in the Integrity Business Bureau
affiliate program does not violate any law, ordinance, regulation or
standard.
B. Operative Link
You agree to take full responsibility for ensuring the proper and
continuing operation of your coded URL. You agree that you will notify
Integrity Business Bureau if your coded URL ceases to function or
ceases to function properly.
C. Representations
You agree that you will not make any representations, promises,
warranties or other statements about Integrity Business Bureau or the
Integrity Business Bureau web site, products or policies other than as
may be expressly approved in writing by Integrity Business Bureau or as
other wise provided to you by Integrity Business Bureau for that
purpose.
D. Link
You may use the coded URL provided by Integrity Business Bureau via the
available Integrity Business Bureau Link Generator or in any other form
you wish provided that your use of the URL is not in any way
disparaging of Integrity Business Bureau or otherwise not appropriate
or acceptable in Integrity Business Bureau's sole opinion and judgment.
You may not violate any copyright, trademark or other intellectual
property right of Integrity Business Bureau or any other party. You may
not violate the Integrity Business Bureau General Terms of Service.
E. Amendments
You agree that Integrity Business Bureau may amend this agreement at
any time without notice to you. You agree to keep advised of any
changes to this agreement by checking the Integrity Business Bureau web
site on a periodic basis.
F. Customers of Integrity
Business Bureau
Integrity Business Bureau will have the sole right and responsibility
to service all customers secured through your coded URL. All dealings
with customers for family related services shall be directly and solely
between customer and Integrity Business Bureau. Integrity Business
Bureau shall have the right and obligation to determine all pricing and
product offerings and shall have the right to make any changes thereto
without notice to affiliate. All customers of Integrity Business Bureau
regardless of origin or referral are the sole property and
responsibility of Integrity Business Bureau.
IV.
Commissions
A. Commission Rate
Commissions are paid on a recurring basis for each new membership
purchased via your coded URL subject to the terms and conditions set
forth herein. There will be no obligation to pay any other commission.
The current commission rate of an affiliate sale is based on the
product as well as the billing cycle of the purchased product.
Affiliates are credited for all monthly transactions for the lifetime
of each referral. A commission is not finalized until it becomes
a
Qualified Commission, even after the payment of a commission has been
made.
B. Qualified Commission
A "qualified commission" is one for which the new account which is the
subject of the commission has remained in good standing continuously
for at least 62 days from its inception. Integrity Business Bureau
shall make all decisions as to whether any commission is a "qualified
commission." If at any time the referred customer’s account
is
terminated or cancelled before 62 days from inception, any commission
for this referral will be null and void.
C. Payment Date
Payments will only be paid once your commissions account balance
reaches a minimum level of at least Fifty Dollars ($50) owed. Integrity
Business Bureau shall make no payment to you until this minimum balance
is achieved. Commissions are paid during the first week of each month
after the qualified commission meets the minimum level.
D. Payment Form
Commissions can be paid in two available methods. These are by an
Integrity Business Bureau check (drawn on a United States bank and in
US Dollars), or through a PayPal account.
Checks are sent to the address you provide at registration. Any changes
to this address must be sent via email to
affiliates@integritybusinessbureau.com. Integrity Business Bureau is
not liable or responsible for any inability or cost associated with
accepting or claiming this check.
For payments to be made through PayPal, you must provide us with your
affiliate username and your PayPal ID. As with the information
necessary for wire transfers, this information should be sent to
affiliates@integritybusinessbureau.com.
E. Tax Regulation
Due to the tax laws through the Internal Revenue Service (IRS), the
United States Department of Treasury requires that every individual or
corporation who is receiving affiliate commissions must submit a
completed and signed W8 or W9 form. Before we can conduct affiliate
payouts, we must have the completed and signed form in our possession
and made available to IRS. You may download a blank W8 document here,
or a blank W9 document here.
The W9 form is for US residents whereas the W8 form is for
international affiliates. To avoid any delays in your affiliate
payments, please submit the appropriate document, properly filled out
and signed, to one of the following resources:
•
Facsimile on: 480.237.9420
V.
Ownership and Licenses
A. Property
Ownership
Each party to this agreement shall retain all right, title and interest
in its names, logos, trademarks, service marks, trade dress, copyrights
and proprietary technology, including, without limitation, those names,
logos, trademarks, service marks, trade dress, copyrights and
proprietary technology currently used or which may be developed and/or
used by it in the future.
B. License
Integrity Business Bureau grants you as an affiliate a revocable,
non-exclusive, worldwide License to use, reproduce and transmit the
Integrity Business Bureau logos, trademarks and service marks on your
site and only your site for the sole purpose of facilitating a link
between your site and Integrity Business Bureau to accomplish the
purpose and intent of this affiliate agreement. You may also use the
links and images located in the link generator prepared specifically
for that purpose subject to the same terms and conditions. You may not
otherwise use, copy, distribute, change, modify, or otherwise alter any
such property. This License is neither assignable nor transferable.
C. Cease use upon Demand
You agree to immediately cease the use of any mark upon request made by
Integrity Business Bureau to the email address provided by you and
maintained on file for you by Integrity Business Bureau. You agree to
immediately cease the use of any link created by you to Integrity
Business Bureau upon request by Integrity Business Bureau to the email
address provided by you and maintained on file for you by Integrity
Business Bureau.
VI.
Termination
A. Effect upon
Commission
Either party may terminate this agreement at any time upon notice in
writing to the other party. Other than any termination under paragraph
6.B. herein, any commission which has become a qualified commission as
of the date of such termination will be paid post termination. Any
commission, which is not a qualified commission as of the date of
notice of termination, shall not thereafter become a qualified
commission.
B. Breach of this
Agreement
The breach of this agreement, or any provision thereof, knowingly or
otherwise, willful or otherwise, is grounds for immediate suspension or
at the sole option of Integrity Business Bureau termination of this
agreement in its entirety.
C. Suspension
Suspension under this paragraph shall mean the withholding of all
commission payments qualified or otherwise until such breach is cured.
Suspension if not cured within a reasonable time as determined by
Integrity Business Bureau will become a termination under 6.B. as of
the date of the initial suspension.
D. Survival
Upon termination of this agreement all rights and licenses granted by
this agreement are immediately revoked. Sections VII shall survive such
termination and remain in full force and effect.
VII.
General
A. Authority
Each party represents to the other that it has full binding authority
to enter into this agreement and in the case of any entity other than
an individual that the person assenting to the terms of this agreement
has the full binding authority of the entity purportedly bound.
B. Non-Infringment
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not infringe on any third party's
copyright, patent, trademark, trade secret or other proprietary rights
or right of publicity or privacy.
C. Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you
will not violate any applicable law, ordinance, regulation or standard.
You understand and accept responsibility to file any necessary
paperwork or tax forms with the appropriate parties for any and all
payments made as a result of this service and the terms and conditions
set forth herein.
D. Terms of Service
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you agree to be bound by all terms and conditions
of this document and any applicable terms and conditions set forth in
the Integrity Business Bureau Terms of Service which are incorporated
herein as though set forth at length herein.
E. Unsolicited Email
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not use or otherwise permit the use of
unsolicited commercial email (a.k.a. SPAM) in relation to the Integrity
Business Bureau Affiliate Program.
F. Defamation/Libel
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not transmit any information which is or
might be considered to be defamatory or libelous.
G. Decency
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not transmit any information which is or
might be considered to be lewd, pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not violate any laws regarding unfair
competition, anti-discrimination or false advertising or the Integrity
Business Bureau Terms of Service.
I. Damage to Integrity
Business Bureau
You agree that in the course of any performance under this agreement or
otherwise with respect to any dealings between you and Integrity
Business Bureau that you will not take any action that would in any way
damage Integrity Business Bureau or otherwise compromise it’s
web
site or database including utilize or otherwise transmit at any time
contain viruses, Trojan horses, worms, time bombs or other similar
harmful or deleterious programming routines.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated
automatically without the user clicking on the link.
K. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY
INTEGRITY BUSINESS BUREAU PURSUANT TO THIS AGREEMENT ARE PROVIDED AS
IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT INTEGRITY BUSINESS
BUREAU MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF
AND ON BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY
WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS
OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES
PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE
THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR
MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY
INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR
THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED
HEREIN, INTEGRITY BUSINESS BUREAU DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT WILL INTEGRITY BUSINESS BUREAU BE LIABLE
TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT
LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL INTEGRITY BUSINESS BUREAU BE LIABLE TO YOU FOR
LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING
WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS
AGREEMENT WHETHER OR NOT INTEGRITY BUSINESS BUREAU HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS
AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE
LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the
foregoing, this section shall not limit either party liability to the
other for (i) willful or malicious misconduct; (ii) gross negligence;
(iii) indemnification under Section 7.M. or (iv) either party's
liability for death or personal injury or their own acts of fraud.
M. Indemnification
You agree to indemnify, defend and hold harmless Integrity Business
Bureau and its affiliates, directors, officers, employees and agents,
harmless of and from any and all liability, losses, damages, injuries
or expenses (including attorney’s fees and expert witness
charges) arising out of any claimed or alleged action or inaction
toward any third party whether such claimed or alleged action or
inaction arises out of a claim of misuse of copy written materials,
License violation, domain misuse, trademark misuse or any active or
passive negligence.
N. Independant Contractors
Each party shall act as an independent contractor and shall have no
authority to obligate or bind the other in any respect.
O. Choice of Venue
This Agreement has been made in and shall be construed and enforced in
accordance with the laws of the state of Arizona. Any action to enforce
this Agreement shall be dealt with by the appropriate court of
competence within Maricopa County.
P. Severability
The provisions of this Agreement are independent of and separable from
each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or
others of them may be invalid or unenforceable in whole or in part.
Q. Integration
This agreement constitutes the entire understanding of the parties and
revokes and super cedes any and all prior agreements and is intended to
be a full and complete expression of the agreement between the parties.
This agreement shall not be modified except in writing by the posting
of a new agreement by Integrity Business Bureau on the Integrity
Business Bureau web site.
R. Use Constitutes Full
Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any
participation in the Integrity Business Bureau affiliate program
including the submission of the affiliate application form and the
collection of any commission under this agreement. This agreement may
be modified, amended, altered or otherwise changed by Integrity
Business Bureau without notice to any other party other than changing
the agreement itself made available by Integrity Business Bureau to the
affiliates on the Integrity Business Bureau web site.
Protect the privacy
of customer
information.
Keep
confidential information safe
and secure.
Verify Contact Info: Company email,
address, phone.