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Affiliate Program Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Ebates Affiliates Program (the "Program"). As used in this Agreement, "we" means Ebates, "you" means the Ebates Affiliate Program Participant, and "goods" means any item offered for sale through Ebates merchants. "Site" means a World Wide Web site and, depending on the context, refers either to Ebates' site or to the site that you will link to our site.

1. ENROLLMENT IN THE PROGRAM

To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, sites that:

  • promote or contain or link to sexually explicit materials
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • promote illegal activities
  • violate intellectual property rights or violate any local, state, federal or other law or regulation
  • contain any libelous, defamatory or disparaging materials contain little or no original content
  • contain any libelous, defamatory or disparaging materials contain little or no original content

    2. LINKING TO EBATES.COM

    You may not alter product images, descriptions and pricing. We provide access to a toolkit with an HTML generator. You must use the generator to create your links in order to meet the criteria in the operating agreement. If you would like to use links not created by the generator, or you would like to modify the links generated by the generator, you will need prior written permission from Ebates. The generator will also provide additional linking methods, such as banners. You may not alter ad banners, logos, or other content available through the link generator without written permission from Ebates. Affiliates may not serve ads to, or redirect through any means, users who are on the Ebates website. Any affiliate who does so will be disqualified from the Affiliate Program and will not be compensated.

    3. REFERRAL FEE SCHEDULE

    Subject to the terms and conditions of this Agreement, we will pay you a $5 referral fee for each First Time Buyer you send us. For the purpose of this agreement, a First Time Buyer shall be defined as a Converted Member (see definition below) who makes his or her first completed purchase through Ebates within the first three months of becoming a Converted Member. Returns, zero-cost items, coupon-only merchant transactions, and redemption of gift certificates do not constitute completed purchases. A Converted Member is defined as a unique individual who links from your web site to the Ebates web site, successfully completes the Member Application, and is accepted as an Ebates member. If it is later determined by Ebates that the user is an individual that has previously registered as a member, Ebates retains the right to withhold any payments to your site resulting from that member's sign-up or purchases. The fee schedule is subject to change without notice.

    4. FEE PAYMENT

    Subject to the terms and conditions of this Agreement, we will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for Converted Members and First Time Buyers, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $25.00, we will hold those fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated. If a referred member withdraws membership at Ebates, we will deduct the corresponding sign-up and initial purchase fees from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee.

    5. POLICIES AND PRICING

    Customers who sign-up through this Program will be deemed to be customers of Ebates. Accordingly, all Ebates rules, policies, and operating procedures concerning customer service, marketing, promotions, and sales will apply to those customers. We may change our policies and operating procedures at any time. Ebates does not perform product fulfillment or pricing, and is not responsible to affiliate sites or to its members for non-performance of its merchants. For additional information regarding terms of membership, please see the terms and conditions and FAQ pages on Ebates.

    6. IDENTIFYING YOURSELF AS AN AFFILIATE

    We will make available to you a small graphic image that identifies your site as a Program participant. You will prominently display this logo or the phrase "in association with Ebates" somewhere on your site. We may modify the text or graphical image of this notice from time to time. In addition, we encourage (but do not require) you to include a link to the Ebates home page at www.ebates.com.

    7. LIMITED LICENSE

    We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use the icon and message described in Section 6 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the "Marks" (including, without limitation, the mark included in the Ebates ToolKit), the message, our images, or any Ebates property in any way. We reserve all of our rights in the Mark, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

    8. RESPONSIBILITY FOR YOUR SITE

    You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

    • ensuring the technical operation of your site and all related equipment
    • creating and posting accurate merchant descriptions on your site and linking those descriptions to our site
    • the accuracy and appropriateness of materials posted on your site
    • ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
    • ensuring that materials posted on your site are not libelous or otherwise illegal.

    We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. Except as provided here you agree that you have no rights, title or interest in or to the Marks, the message or other images will inure to the benefit of Ebates. You agree not to apply for registration of any of the Marks (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of any Ebates Mark. Members acknowledge and agree that their web site information (name, URL, traffic counts, etc.) may be utilized by Ebates. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. Members agree to allow Ebates to use screen shots of any web page that contains the Ebates HTML code in Ebates promotional materials. The information provided by Ebates to members may be proprietary in nature. Members acknowledge that they are not competitors of Ebates, and agree not to share this information with any competitors. Anyone found in deliberate violation of these terms and conditions is subject to being banned from Ebates.

    9. TERMS OF AGREEMENTS

    The terms of this Agreement will begin upon our acceptance of your Program 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, emailed, or verbal notice of termination. You are only eligible to earn referral fees on valid sales occurring during the term, and fees earned through the date of termination will remain payable only if the related memberships are not cancelled and product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our program that your site not suitable for the Program, we may unilaterally end the status of your site as an Affiliate.

    10. 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 our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. 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.

    11. RELATIONSHIP OF PARTIES

    You and we (Ebates) are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section.

    12. 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.

    13. DISCLAIMERS

    We make no express or implied warranties or representations with respect to the Program or any goods sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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. Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorney's fees) relating to any warranties or representations made by you with respect to the Program or any goods sold through the program or Ebates Further, you will indemnify and hold us harmless from all claims, damages and expenses (including without limitation, attorney's fees) relating to any warranties or representations made by you with respect to the Program or any goods sold through the program or Ebates. This obligation will survive any termination of this Agreement.

    14. INDEPENDENT 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 OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.

    15. MISCELLANEOUS

    This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal courts in San Jose, California or state courts located in San Mateo, California, 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 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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