Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. Our program agreement is written with you in mind, as well as to protect our Affiliate Agreement.
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND INVESTINTECH.COM.
By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition and company’s good name. If you have any questions, please don’t hesitate to ask us. We are firm believers in the “Golden Rule” and straightforward/honest communication.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Investintech.com Affiliates Program (the "Program"). As used in this Agreement, "we" means Investintech.com Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers to any site that you will link to our site (and which you will identify in your Program application).
Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via the Program. 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.
Do not apply if your website promotes sexually explicit materials, violence, discrimination, and/or illegal activities.
Publishers may only use coupons and promotional codes that are provided exclusively through the affiliate program.
Pseudo-couponing is prohibited.
Fraud will be policed and penalized.
Spamming is prohibited.
Paid search campaigns containing our trademarks are prohibited.
Program Terms Overview:
Search Campaigns- Keywords that affiliates are prohibited from bidding on for search marketing campaigns (Full list of keywords in Trademark Keywords section):
A. Investintech and Investintech.com and other variations/misspellings of our trademark must be added as negative keywords to broad match campaigns. Affiliate shall not bid on any word, keyword or term in Pay-Per-Click Search Engines that contains Investintech.com’s registered or unregistered trademarks or any word, keyword or term that is likely to cause confusion regarding your affiliation with Investintech. Affiliate may not bid on any variation of Investintech.com’s registered or unregistered trademarks on any search engine at any time including but not limited to: investintech, investintech.com, http://www.investintech.com, etc.
B. Affiliate shall not bid on any of our product names. Other variations/misspellings of our trademark must be added as negative keywords to broad match campaigns. Affiliate shall not bid on any word, keyword or term in Pay-Per-Click Search Engines that contains name of any of our products, such as: Able2Extract, Able2Extract Professional, Able2Doc, Able2Doc Professional, Sonic PDF Creator.
C. Affiliate shall not bid on any of Investintech’s competitors’ trademark terms in conjunction with the program. Affiliates must not engage in marketing practices which are illegal or violate the rights of any third party. You agree to not use any form of unethical search engine optimization techniques, including, but not limited to: redirects going from a search engine results page directly to Investintech.com versus your site’s landing page, keyword stuffing, spamming, cloaking, hidden text or hidden links.
Recommended PPC Keywords will be provided per request for each product category. Authorized Search Engines include Google, Yahoo, Bing, ASK, AOL, Google Mobile.
Limited Use SEM Display URL content – Affiliate should display their own URL & may not place Investintech’s keywords in the subdomain (e.g. yourwebsite.investintech.com or investintech.yourwebsite.com) including social networking sites like Facebook, MySpace, Twitter etc.
Prohibited Web Site Domain Keywords: Top level domain name must not use any “fat-finger” or “typo squatting” domain names that redirect internet traffic to affiliate's website or the destination site without Investintechs prior written approval.
Unacceptable Web Sites: web sites that promote illegal activities, violence, sexually explicit materials, gambling, any offensive content or extreme religious or political content websites are not accepted.
Coupons and Promotional Codes
Affiliates may only use coupons and promotional codes that are provided exclusively through the affiliate program. For our company to offer and pay out the maximum commission possible to our valued affiliates, we will only pay commissions on Coupon Codes that are supplied to affiliates through Affiliate Program. If any affiliate is in violation of this policy, we will reverse any commissions earned on these sales in question.
Coupon code supplied in Investintech’s customer emails
Promo code from print advertisement or Social Media websites.
Any coupon that states on its landing page that it is “not compatible with the affiliate program”
Pseudo-couponing and/or asking visitors to click for coupons when there is no coupon are also against this agreement.
Links on Your Site
Product Links: You may select one or more Products to list on your site. A "Product" is any product listed on our site that is fulfilled by us, or any product sold by a third party seller on our site; but excluding any product offered through our site not sold and fulfilled by us, such as a product sold by a third party through a site linked to from our site. For each selected Product, you will display on your site a short description, review, or other reference. You will be responsible for the content, style, and placement of these references. You will provide a Special Link (as defined below) from each Product reference on your site to the corresponding Investintech website. Each such link will connect to our web site. You may add or delete Products (and related links) from your site at any time without our approval.
General Link to Investintech Home Page: You may provide a general link on your site to our home page at www.Investintech.com.
Investintech Recommend Link: If your site qualifies (as determined by us in our sole discretion), you may place a Investintech Recommends link on your site to enable Investintech to serve recommended content based on your site's specialty or sales history directly to visitors to your site.
We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on our site occurring directly through Special Links; We will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
You acknowledge that, by participating in the Affiliates Program and placing any of the above links within your site, Investintech may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Investintech program constitutes your specific and unconditional consent to and authorization for Investintech access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in the Investintech Privacy Notices.
Identifying Yourself as an Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Investintech supports, sponsors, endorses, or contributes money to any charity or other cause).
We will pay you (in accordance with Sections below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to our site, and add the Product to his or her shopping cart.
You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or Affiliates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."
In addition, you may not:
(a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
(c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site;
(d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
(e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or
(f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, handling, , taxes, service charges, credit card processing fees, returns and bad debt. The current referral fee schedule is 30% of Qualifying Revenues from each sale of Investintech's products.
All Affiliate payments will be made in U.S. dollars. If a sale is cancelled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sale tracked and recorded to qualify for commissions. Company is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate link.
Due to a 14 day Money back guarantee, all Affiliate payments will take place on the 15th of the following month, for the previous month.
If the Terms of Agreement is broken in any case, there will be an immediate termination from the Investintech program, all sales will be reversed and commissions will be reset to zero.
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Term of the Agreement
The term 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 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 all Investintech trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. 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.
Rights and Obligations
Investintech.com reserves the right, at any time to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have expressed permission to use any person’s copyrighted material, whether it is writing, an image, or another copyrightable work. We will not be responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
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, no 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.
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.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Toronto, Canada, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the province of Ontario (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of Canada and the Province of Ontario, without reference to rules governing choice of laws. 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.