Affiliate Terms Of Service | Site | Datawitness Online Ltd.

Affiliate Terms → Datawitness Affiliates Terms of Use

Last Updated: August 13^th, 2008

This is a legal agreement between you and Datawitness. By clicking on the “I accept” and submit button at the end of the affiliate online application, you agree to be bound by the terms and conditions of this agreement. Please read this entire agreement carefully before accepting its terms.

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to the Datawitness Affiliate Program.

Affiliate Site

The Datawitness Affiliate Program will create a unique URL for you when you agree to the Affiliate Terms and Conditions.

We will provide you with instructions and special link formats ("Link Formats") designed for accurate tracking and reporting for all links between your site(s) and our site(s) and you will be solely responsible for properly utilizing the Link Formats. Once established, the links utilizing the Link Formats ("Special Links") will be used to determine any fees that may be paid. Failure by you to maintain the Special Links or use the Link Formats as instructed may result in a loss to you of fees.

We will process orders that are placed on our site by customers who follow the Special Links directly from your site(s) to our site(s), and will record those orders as being associated with a referral through the Special Links from your site. A report summarizing sales activity is available online anytime through the Reseller area of your account.

Commissions

You will receive commissions from orders placed through your Affiliate site(s). For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment. The commission structure is as follows:

10% of Sales Revenue

Payment

Datawitness will send a check for the applicable commissions on or about the 1st of the month for the previous month's commissions. If any order that generated a referral fee is returned by the customer, or if there are any chargebacks, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.

A minimum of $30 must accumulate in your commission account before a payment will be processed.

Datawitness will make every reasonable effort to track and pay commissions for all sales that apply to the Affiliate. However, Datawitness is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. The Affiliate understands that Affiliate tracking can never be 100% accurate and Datawitness is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depends on several factors, technical and otherwise, which are beyond the control of Datawitness. It is the goal of Datawitness to make Affiliate tracking as accurate as possible. However, Datawitness cannot guarantee 100% tracking due to situations beyond our control.

Note: We do not make payments to people who use the Affiliate Program to purchase products for their own use. The Affiliate Program is designed to allow Affiliates to promote our products to other people and entities. In other words, please don't sign up for the affiliate program and then use your own link to purchase a product. You will only receive commissions for products that are sold to other people.

Order Fulfillment

Datawitness will be solely responsible for processing every order placed by a customer via Affiliate sites.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Datawitness. Accordingly, all Datawitness rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Datawitness policies will always determine the price paid by the customer.

Qualifying Sites

The Affiliate shall follow Datawitness advertising guidelines and agrees not to misrepresent Datawitness products or services. The Affiliate agrees to use only Datawitness-approved ads.

Datawitness reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the Datawitness Affiliate Program include sites which:

promote 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

Unsolicited Commercial Email or SPAM

Datawitness in no way participates in mass unsolicited emailing (i.e. spamming), and the Affiliate must adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Datawitness Affiliate Program.

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(s) or otherwise, that reasonably would contradict this statement.

Termination

Both Datawitness and the Affiliate reserve the right to terminate this Agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If the Agreement is terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this Agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

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 commissions paid or payable to you under to this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

By submitting the Affiliate order form, you acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement. Datawitness reserves the right to modify this Agreement.