Affiliate Marketing Agreement
Affiliate Program Agreement (“Agreement”) contains the complete
terms and conditions that apply to your participation in the iGolf
Affiliate Program (the “Program”) of iGolf
LLC, a North Carolina based LLC (“we,” “us,” “ours,” “iGolf
Enrollment in the Program.
in the Program gives the affiliate (“you”) the opportunity to earn commissions
from sales of products and/or services offered at http://www.igolftechnologies.com/
To begin the enrollment process, you must submit an application form.
We will evaluate your application and notify you via email whether or
not you have been accepted to participate in the Program. We may reject
your application if we determine in our sole discretion that your web
site (“Site”) is unsuitable for participation in the Program. Unsuitable
web sites include, but are not limited to, those that:
contain sexually explicit or obscene materials, or other offensive materials;
(b) advocate discrimination based on race, sex, religion, nationality,
disability, sexual orientation, age, or other impermissible criteria;
(c) promote or engage in illegal activities;
(d) violate intellectual property rights of third parties;
(e) contain or promote deceptive information;
By applying to participate in the Program, you are representing to us
that your Site does not do any of the items noted in clauses (a) through
(e) and, if you are accepted to participate in the Program, you agree
that your Site will not engage in any of the items described above during
the period of your participation.
Geographical Limitations. Due to shipping and customs issues,
we are looking mainly for affiliates that are located in and cater to
a North American audience (United States and Canada). If you operate
a site outside of this area and feel that you can be a productive
partner due to a high level of traffic from shoppers in our area of
operation, we will evaluate your application on a case-by-case basis.
you are accepted to participate in the Program, we will make available
to you for use on your Site the following items: banners, buttons, icons,
text links, and other items (“Links”), subject to the terms
and conditions hereof. The Links will link to one of our URLs, where
visitors may purchase products from the iGolf
online store. You may post as many Links on your Site as you like.
The position, prominence, and nature of the Links on your Site shall
comply with any requirements specified by us, but otherwise will be
at your discretion. Tracking using MyAffiliateProgram
links takes place in real time. Pending sales are reported within
minutes and you will receive email confirmation of pending sales as
soon as they are processed.
Link,” means a link from your Site to our web site facilitated by the
technology of the MyAffiliateProgram
software from Kowabunga
Purchase” means a purchase of products at http://www.igolftechnologies.com/
completed by a bonafide Customer within 9999 days of entry from an Affiliate
Link on your site, as recorded by the MyAffiliateProgram
tracking software. Orders placed on our site will be considered
“Pending Orders” until payment has been deposited in our account and
the order is shipped. Once payment has been made and the
order shipped, the status of these orders will be updated and they will
be considered a “Commissionable Order”
For each Commissionable Purchase that is recorded by the affiliate tracking
software we will pay you, or cause you to be paid, a commission as follows:
to our web site to shop at http://www.igolftechnologies.com/.
If a customer does not have cookies enabled through their browser
or periodically deletes cookies from their computer, we are unable to
track the customer’s activity. Consequently, if this customer makes
a purchase with iGolf
may not classify their purchase as being a Commissionable Purchase,
and you will not be paid a commission on the sale. If a purchaser has
visited multiple affiliate sites, the Affiliate with the most recently
clicked link will receive commission on the sale.
We will pay you, or cause you to be paid, within forty-five (45) days
after the end of each calendar month; the Commissions owed you in
accordance with the above-mentioned commission structure.
Commission checks will be for the applicable amount of
Commissions (less any taxes required to be withheld pursuant to
may view you program statistics at any time by visiting our Affiliate
Administration site at http://www.igolftechnologies.com/affiliate_files/afflogin.htm.
Statistics reported may include: Total Click-Throughs, Banner Click-Throughs,
Text Click-Throughs, Banner Impressions, Click-Through Ratio, Confirmed
Sales, Commission, Earnings Per Click, Pending Sales, Total Commission
Due on a monthly and overall basis.
Termination; Effect on Commissions; Modification.
This Agreement shall be effective on the date we accept your application
form and shall continue until terminated by either party. Either you or
we may terminate this Agreement, with or without cause, by giving
written notice to the other party in the manner specified in Section 13.
You will not have the right to receive any further Commissions following
the termination of this Agreement, if you are terminated with cause.
terminated without cause by either party, the Affiliate will be
“cashed out” and paid the balance of commissions owed per the policy
on payouts in Section 3.3
From time to time, we may modify the terms and conditions contained in
this Agreement. We agree to make these changes in good faith and will
post a change notice on our Web site when we make any such changes. We
will notify you by email at the address you provide us of any
substantive changes to the terms of this Agreement. Modifications may
include, for example, changes in the commission schedule, any bonus
payments, payment procedures and Program rules.
ANY MODIFICATION IS UNACCEPTABLE TO YOU, PLEASE CONTACT US WITHIN 30
DAYS OF OUR EMAIL NOTICE TO YOU. IT MAY BE THAT YOUR ONLY RECOURSE WILL
BE TO TERMINATE THIS AGREEMENT, HOWEVER, WE WOULD LIKE TO DISCUSS YOUR
CONCERNS BEFORE THAT HAPPENS. IF YOU DON’T CONTACT US WITHIN 30 DAYS
OF OUR EMAIL NOTICE, WE WILL ASSUME THAT YOUR CONTINUED PARTICIPATION
IN THE PROGRAM MEANS THAT YOU HAVE ACCEPTED THE CHANGE.
grant you a non-exclusive, non-transferable, royalty-free, revocable
license (a) to access our web site through the Links and (b) to use
our logos, trade names, trademarks, service marks, and similar identifying
material (collectively, “Our Marks”) included in the Links for the sole
purpose of promoting iGolf
or its products through your Site as contemplated by this Agreement.
No right, property, license, or interest in any of Our Marks is intended
to be given by us to you or acquired by you under this Agreement, except
as stated in the preceding sentence. You may not alter, modify, or change
Our Marks in any manner. You may not use Our Marks in any manner that
is disparaging or otherwise portrays us in a negative light. Upon termination
of this Agreement, you agree to return to us all property and non-public
information you received from us and agree to promptly cease using Our
Marks. You agree not to challenge the validity of, adopt, or register
or attempt to register with any domestic or foreign government, quasi-governmental
authority, or domain name registrar, the marks “http://www.igolftechnologies.com/”,
or any confusingly similar or derogatory derivation thereof as a trademark,
service mark, Internet domain name, trade name, or similar item. You
may not use or infringe upon the logos, trade names, trademarks, service
marks and similar identifying material or other intellectual property
of the third party that administers the Program, without their express
prior written consent.
Publicity; Promotional Activities.
may not make any public announcements about your participation in the
Program or about the third party that administers the Program or engage
in any promotional activities (other than inserting Links on your Site,
or emailing your user base with offers from and Links to iGolf
pertaining to your participation in the Program, without our prior written
consent. You agree not to publish or otherwise make any representations,
warranties, or other statements concerning us, our web sites, or iGolf
or any of our products or services, except as expressly authorized by
us in writing. We may, in our discretion, announce your use of the Links
on your Site, and otherwise advertise market, promote, and publicize
this Agreement in any manner, including listing your name and company
logo(s) on our web site.
agree to indemnify, defend, and hold harmless us and our affiliates,
directors, officers, employees, and agents, from and against any and
all liability, claims, losses, damages, injuries, or expenses (including
reasonable attorneys’ fees) relating to (a) the contents, development,
operation, and maintenance of your Site, (b) your breach of this Agreement
or any of the terms hereunder, (c) any misrepresentation or breach of
a covenant or agreement made by you in your application form, or (d)
any claim that our use of your Marks infringes on any trademark, trade
name, service mark, copyright, license, intellectual property, or other
proprietary right of any third party. You are responsible for the contents,
development, operation, and maintenance of your Site. You are responsible
for ensuring that your Site complies with all applicable copyright and
other laws. We will not be responsible if your use of another party’s
copyrighted or other proprietary material is in violation of the law.
You agree to maintain in confidence any information we provide you pertaining
to us or the third party that administers the Program that is designated
as “confidential,” “proprietary,” or the like or is disclosed in circumstances
of confidence, or would be understood by a receiving party, exercising
reasonable business judgment, to be confidential.
Anti-Fraud Measures and Forfeitures.
will, from time-to-time, utilize techniques designed to identify fraudulent
activities. You understand and agree to cooperate with such efforts,
as we, in our sole discretion, deem necessary to identify such attempts
at fraud. You further agree that if, for any reason, you or others acting
on your behalf are suspected of fraud or other breach of this Agreement,
we may, in our sole discretion, suspend or terminate your participation
in the Program, retain any unpaid monies, and seek prosecution to the
fullest extent of the law. Any retained monies shall be in addition
to, not in lieu of, any actual or punitive damages, or right to seek
other remedies under law, including, but not limited to, disgorgement
of any prior monies paid. You also understand and agree that we may
utilize and disclose any personally identifiable information we maintain
about you for purposes of seeking remedies under law for any breach
of this Agreement.
will not send unsolicited, commercial email (i.e., “spam”)
using links to http://www.igolftechnologies.com/,
or its affiliate program, or sales offers. Those using our links, trademarks,
logo’s, offers, etc in unsolicited emails will be immediately removed
from the program.
Disclaimer of Liability.
ONLY OBLIGATION TO YOU HEREUNDER IS TO PAY YOU THE COMMISSIONS DESCRIBED
HEREIN. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED
HEREBY. THIS LIMITATION OF LIABILITY APPLIES WHETHER ANY OF SUCH EVENTS
WAS ADVERTENT OR INADVERTENT, INTENTIONAL OR UNINTENTIONAL, JUSTIFIED
OR NOT, NEGLIGENT OR GROSSLY NEGLIGENT, OR BROUGHT UNDER A CAUSE OF
ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN ADDITION TO THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU
ARISING WITH RESPECT TO THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED
HEREBY UNDER ANY THEORY OF RECOVERY SHALL NOT EXCEED THE TOTAL COMMISSIONS
PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
AS BETWEEN YOU AND US, OUR WEB SITE, THE LINKS, THE IGOLF
PRODUCTS, ETC ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF
NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE
agree to the resolution by binding arbitration of all claims, demands,
causes of action, disputes, controversies, or other matters in question
(“claims”) brought by you arising under this Agreement and the transactions
contemplated hereby. We reserve the right to bring court actions in
any court of competent jurisdiction to enforce our rights under this
Agreement. The claims shall be submitted to arbitration and finally
settled under the applicable rules of the American Arbitration Association
(“AAA”) in effect at the time the written notice of the claim is received
by us. The arbitration will be held in Asheville, NC. The award and
findings of such arbitrator shall be conclusive and binding upon the
parties, and judgment upon such award may be entered in any court of
competent jurisdiction. Each party shall pay all costs and expenses
of its advisors. The costs and expenses of the arbitration proceedings
will be paid by the non-prevailing party or as the arbitrator otherwise
determines. Discovery will be permitted to the extent directed by the
arbitrator. You agree to pay our costs and expenses (including reasonable
attorney’s fees) if we are required to enforce this agreement to arbitrate
may contact us under this Agreement at:
Dr. Thomas Cameron
15 Rankin Avenue
Asheville, NC 28801
may contact you under this Agreement at the address, including the email
address, noted in your application form.
communications under this Agreement must be in writing and delivered by
(a) courier or certified mail to the addresses referenced above or (b)
via regular email from and to the applicable email addresses referenced
above. A party may change the contact information for sending and
receiving notices by giving notice in the manner as stated.
Governing Law; Forum. This Agreement shall be construed, interpreted,
and governed by the laws of the State of South Carolina (without regard
to the conflicts of law provisions thereof) and applicable United States
federal law. You hereby consent to the personal jurisdiction of the
federal and state courts sitting in the county of Asheville, State of
North Carolina, USA. The United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded, will not govern this Agreement.
Entire Agreement; Waiver. This Agreement and your application form shall
constitute the entire agreement between the parties hereto pertaining to
the subject matter hereof and supersedes any and all prior written and
prior or contemporaneous oral agreements and understandings pertaining
hereto. Any waiver or modification of this Agreement shall only be
effective as provided in this Agreement or after an affirmation intended
to have the effect of a signature by the party sought to be bound by the
waiver or modification. In the event of any inconsistency between the
terms of this Agreement and the description of the Program that appears
on our web site, the terms of this Agreement shall govern. Our failure
to exercise any of our rights or remedies hereunder or enforce any
provision hereof shall not act as a waiver of any such right, remedy, or
Severability. If any part of this Agreement is found invalid or
unenforceable by a court of competent jurisdiction, that portion shall
be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of
this Agreement shall remain in full force and effect.
Assignment; Survival. You may not assign this Agreement or delegate your
rights or obligations under this Agreement, in whole or in part, and any
such attempted assignment or delegation will be void. We reserve the
right to assign this Agreement or delegate our rights or obligations
under this Agreement. All causes of action and any provisions of this
Agreement, which by their nature are intended to survive termination,
shall survive termination of this Agreement.
Independent Parties. Nothing contained herein shall imply any
partnership, joint venture or agency relationship between the parties,
and neither party shall have the power to obligate or bind the other in
any manner whatsoever.
Binding Effect; Benefit. This Agreement shall inure to the benefit of
and be binding upon the parties hereto and, subject to Subsection 13.4,
their respective successors and assigns. Nothing in this Agreement,
expressed or implied, is intended to confer on any person or entity
other than the parties hereto or their respective successors and
assigns, any rights, remedies, obligations, or liabilities under or by
reason of this Agreement.
Injunctive Relief; Remedies. You acknowledge a violation of this
Agreement could cause irreparable harm to us for which monetary damages
may be difficult to ascertain or may be an inadequate remedy. You,
therefore, agree that we will have the right, in addition to our other
rights and remedies at law or in equity, to seek preliminary injunctions
unilaterally without notice and final injunctions with notice, enjoining
and restraining any violation, or threatened or intended violation, of
this Agreement. Except where otherwise specified, the rights and
remedies granted to us under this Agreement are cumulative and in
addition to, and not in lieu of, any other rights or remedies that we
may possess at law or in equity.
Excuse of Performance. Neither party will be liable for, or be
considered in breach of or default under this Agreement on account of,
any delay or failure to perform as required by this Agreement as a
result of any causes or conditions which are beyond such party’s
reasonable control and which such party is unable to overcome by the
exercise of reasonable diligence.
clicking the link below, I agree to the terms and provisions of this
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