Affiliate Program Terms & Conditions
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE FOLLOWING TERMS AND CONDITIONS.
Our affiliates are very important to us. We do our best to treat our affiliates with the due respect they deserve. We simply expect the same consideration from our affiliates. The objective of the following ‘Terms and Conditions’ is to protect the rights of both the parties (FosterFBA.com and affiliates).
If you have any questions, please don’t hesitate to contact us.
The Terms and Conditions apply to you becoming an affiliate with FosterFBA.com’s Affiliate Program. Please note that throughout these Terms and Conditions’, “we,” “us,” and “our” refer to FosterFBA.com, and “you,” “your,” and “yours” refer to the affiliate.
2.1. To begin the enrolment process, you will complete and submit the online application at the affiliate registration page. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject and cancel your application at our sole discretion.
2.2. As a member of FosterFBA.com’s Affiliate Program, you will have access to the Affiliate Dashboard. Here you will be able to review your unique affiliate links, clicks received on those links, number of sales and commission amount.
3.FosterFBA.com Rights and Obligations
FosterFBA.com reserves the right to terminate your participation in the FosterFBA.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the FosterFBA.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, FosterFBA.com shall not be liable to you for any commissions for such fraudulent sales.
We may modify any of the Terms & Conditions at any time at our sole discretion. In such event, modifications may not be notified individually by any formal means. Modifications may include, but are not limited to, changes in the payment procedures and FosterFBA.com’s Affiliate Program rules. If any modification is unacceptable to you, you can cancel the membership of affiliation program at any time. Your continued participation in FosterFBA.com’s Affiliate Program following the posting of the change notice on our site will indicate your agree with the changes.
FosterFBA.com will make the due Commission Payments via PayPal to your nominated PayPal account between the 5th and 10th of every calendar month.
6.1. The commission would be calculated based on the final checkout amount of the service (the final amount may be less than the actual service prices due to use of promotional code.)
6.2. Commission rates – Applicable commission rates would be intimated (through email) immediately after affiliation registration process is completed.
7.Access to Affiliate Dashboard interface
You can access the Affiliate Dashboard interface by using your ‘Affiliate Login ID and Password’.
8.Promotion of FosterFBA.com’s promotional link
You are free to promote FosterFBA.com’s promotional link to as many of your customers. “Spamming” is unacceptable to us and could cause damage to our name. In addition, you may not advertise in any way that effectively conceals or misrepresents FosterFBA.com’s identity. You can use mailings to your customers to promote FosterFBA.com’s services and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote FosterFBA.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from FosterFBA.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of your participation in the FosterFBA.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
FOSTERFBA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING FOSTERFBA.COM’S SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF FOSTERFBA.COM’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
10.Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL AMZFOSTER.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO TERMS AND CONDITIONS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU AS PER THESE TERMS AND CONDITIONS.
You hereby agree to indemnify and hold harmless FosterFBA.com, 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”) in so far 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, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
12.1. You agree that you are an independent entity, and nothing as per these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and FosterFBA.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
12.2. Neither party may assign its rights or obligations under these Terms and Conditions to any party.
12.3. The headings and titles contained in these Terms and Conditions are included for convenience only.
12.4. If any provision of these Terms and Conditions are found to invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of these Terms and Conditions shall have full force and effect.