TERMS & CONDITIONS:
This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, “we” or “us” refers to saguaro Diving & Sports Inc. and “you” refers to the applicant. “Site” means a World Wide Web site and, identified by exact URL (Unified Resource Locator).
By signing up for a Affiliate Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of affiliate revenue. You must be 18 years of age or older to enter into this Agreement with us.
- Enrollment in the Program to begin the enrollment process, you will submit a complete Affiliate 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, those that:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
- Partner sites Once you have been notified that You & or your site has been accepted into the Program, we will provide you with guidelines and graphical artwork (Affiliate links) to use in linking to web sites of our products. As an affiliate you can promote several of our products by placing links to corresponding products.In order to receive commissions for referring customers to us you must submit URLs to your web sites where you are going to place Affiliate links in the list of Partner sites in your Affiliate account. Our representative will carefully examine your web site and notify you if the site is acceptable for participating in the Affiliate program. Once you & or your web site is approved for participation you are entitled to place Affiliate links to the web site and receive commissions for referring customers. In order to specify a web site as a Partner site you must be either the owner of that site or an authorized representative of the site owner. The failure to comply this condition will result in immediate termination of your Affiliate membership and possible forfeit of unpaid commissions.
- Acceptable Advertising Methods As an affiliate, you earn revenue by generating sales of our products. You generate these sales by encouraging web users on your website to visit our sites through Affiliate links. You may advertise products via:
- Text Links or endorsements on your site(s)
- Graphical Banners and Buttons on your site(s)
If you have any questions about whether a method of advertising is allowed, please contact via email or message board in your affiliate account.
- Order Processing
We will process Product orders placed by customers who follow Affiliate links from your site to our site and have never been to our site before. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Affiliate links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
- Referral Fees
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Affiliate link from your site to our site, and purchase our products within 60 days of first click-through. We track referrals from your site, and ensure that you get paid the referral fees due to you.
- Referral Fee Schedule
You will earn referral fees based on Qualified Orders according to referral fee schedules established by us and shown below:
|Referral Fee Schedule|
|Travel||Negotiated + applicable comps|
|Training||10% if performed by Saguaro Diving & Sports Inc.|
7. Non-Qualified Orders
Orders placed by affiliates (including Government and Educational Institution members) or by parties related to them do not qualify for commission. In addition, there may be occasions where orders will be refunded at the request of the purchaser, or orders may be charged-back due to credit card fraud. Affiliate commission is not paid on these orders.
- Referral Fees Payment
Affiliates are paid a commission, based on values set in Referral Fee Schedule. Commissions for qualified orders will be paid within 30 days after your request if the sum of commissions for qualified orders exceeds the minimum transfer amount ($100). Orders that occurred during a calendar month are qualified (cleared) for payment after 25-th day of the next month. We also give you an option to use your commissions as a credit for purchasing goods and services provided by our company. If an Affiliate account is not earning commissions for 6 months we have right to terminate Affiliate membership and forfeit any unpaid commissions.Saguaro Diving & Sports Inc. has the right to change commission rates without notice, but you will always be paid based on the rate in effect on the day the sales lead was generated.
- Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and Partner web site 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as a partner. You are eligible to earn referral fees only on our sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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, referral 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.
- Relationship of Parties
You and we 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.
- 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 this Agreement.
- 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.
We make no express or implied warranties or representations with respect to the Program or any products 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