Since I have discovered the joys of E-books, I have become addicted to your online site. You have such an extensive range. No more waiting and in most cases it costs less than a cup of coffee and slice of cake. Thanks for your great service.
C.
Brisbane Australia
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Terms and Conditions Agreement |
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To be an authorized
affiliate of Diesel eBooks/eBook Eros, you agree to abide by the terms and conditions contained in this agreement.
8/3/2007
Please read this agreement carefully before registering and using the Diesel eBooks/eBook Eros service as an affiliate. By
signing up for the Diesel eBooks/eBook Eros affiliate program, you indicate your acceptance of this agreement and its terms
and conditions.
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Term of the Agreements:
The term of this Agreement will begin upon our acceptance of your Affiliate application and will
end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by
giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during
the term.
- Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole
discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN
THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF
THE CHANGE.
- Guidelines
Customers buying eBooks through this Program will be considered to be customers of Diesel eBooks and/or
eBook Eros. All Diesel eBook/eBook Eros rules, policies, and operating procedures concerning customer orders, customer
service, and eBook sales will apply to those customers. Our policies and operating procedures may change at any time. eBook prices and availability may vary from time to time and because price changes may affect eBooks that you already have listed on your Site, you may not include price information in your eBook descriptions. We cannot guarantee the availability or price of eBooks.
Affiliates are forbidden from purchasing Diesel eBooks/eBook Eros eBooks through their own affiliated Site. Such action
could result in the termination of your Affiliate Agreement with Diesel eBooks/eBook Eros eBooks.
For an eBook sale to be eligible to earn a referral commission the customer must follow a referral Link from affiliate's
Site to either Diesel eBooks or eBook Eros, register with either Diesel eBooks or eBook Eros, purchase and remit full
payment for the eBook within three months of initial registration of the customer.
A customer is "tagged" with your affiliate ID once he or she registers with Diesel eBooks/eBook Eros via a referral
link from your Site; this allows us to continue to give you a referral commission for each eBook purchase this user
makes in the future. This will continue until the end of the affiliate agreement.
- Tracking of Sales
Diesel eBooks/eBook Eros eBooks will be solely responsible for tracking sales using special
software that communicates with the specially encoded URLs assigned to affiliates. Diesel eBooks/eBook Eros will
attempt to do its best to guarantee accurate tracking of referrals made by affiliates. Affiliates will themselves
be solely accountable for ensuring that these special URLs are formatted properly, a necessary precondition to
accurate tracking of referral sales. Notwithstanding the above proclamation of responsibility by Diesel eBooks/eBook
Eros eBooks to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Diesel
eBooks/eBook Eros is not 100% fail-safe and that there may on occasion be instances of referral sales made that are
not credited to an affiliate for any of the following possible reasons:
Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner
ads, and so on
Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable
to accurately track that sale
Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time
Acts of nature that cause irretrievable data loss on the computers and back-up disk media. The form,
content, and frequency of the reports may vary from time to time at our discretion. You are never allowed to download
a Diesel eBooks or eBook Eros eBook and resell or give away (for free or otherwise) that eBook in any way at any time.
- 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. Further, our aggregate liability arising with respect to this Agreement and the
Program will not exceed the total referral fees paid or payable to you under to this Agreement.
- Independant 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. You have independently evaluated the desirability of participating in the program and are not relying
on any representation, guarantee or statement other than as set forth in this agreement.
- Referral Comissions
Based on Qualifying Revenues, affiliate will earn referral fees in agreement to the
referral fee schedules to be established by Diesel eBooks/eBook Eros. "Qualifying Revenues" are revenues resulting
from sales of qualifying eBooks, excluding costs for credit card processing fees, taxes, reversed credit card purchases,
service charges, and bad debt.
Commissions will be earned by affiliate on anyone who registers with Diesel eBooks or eBook Eros via affiliates' website
and then buys at Diesel eBooks or eBook Eros. When a referred customer registers as a Diesel
eBooks/eBook Eros customer, Diesel eBooks/eBook Eros marks that registered customer
with the affiliate's ID. Any eBook purchases by that registered member will earn the affiliate
fees per the commission structure. If the customer does not purchase but returns within three days of registration, the
affiliate will earn commission from that initial referral.
The current commission structure is:
15% (fifteen percent) of qualifying revenues from the sale of each eBook that is added to the customer's Shopping
Cart resulting from an affiliate referral link to the Diesel eBook/eBook Eros site.
Payments are made on the 1st of each month, for the previous month; however, if the referral commissions payable to
you for any calendar month are less than $10.00, we will not pay those referral commissions until the total amount due
is at least $10.00 or (if earlier) until this agreement is terminated. Affiliates may choose to receive their commission
via a PayPal payment or a check in the mail. If an eBook that generated a referral commission is returned or successfully
disputed by the customer, or if the customer reverses the credit payment or successfully disputes the credit payment we
will deduct the corresponding referral commission from your next monthly payment.
- SPAM
Diesel eBooks/eBook Eros has a zero tolerance policy for SPAM Any Affiliate accused of SPAMMING will be immediately
suspended while the company, in their sole discretion, determines if the validity of the SPAM complaint. Valid SPAM
complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
- Miscellaneous
This Agreement will be governed by the laws of the United States and the State of Virginia, without
reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or
state courts located in Richmond, Virginia and you irrevocably consent 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.
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