Our Carr's Locomotives Affiliate Program Agrees To:
- Pay Carr's Locomotivess a commission rate of 5% of the aggregate
amount actually paid to us by users of your site who purchase
Our Carr's Locomotives Affiliate Program products utilizing a
link to ultravpl.com less discounts and/or promotions of any
kind and excluding amounts collected by us for sales taxes, shipping,
handling, and similar charges, amounts due to credit card fraud
and bad debt, and credits for returned goods. Commissions paid
will be charged back as a result of customer credit card fraud,
any other form of fraud (or the appearance thereof), bad debt,
and credits for returned goods or violation of this agreement.
- Pay Affiliate commissions monthly when aggregate commissions
exceed ten dollars ($10). If during the first month of the
term of this agreement, or during any month following the payment
of commissions to you, your commissions earned do not exceed
ten dollars ($10), then you shall not be entitled to receive
any commissions during the applicable month. Thereafter, you
will be paid commissions at the end of the month during which
your aggregate commissions earned during such successive period
exceed ten dollars ($10). At such time, you will be paid all
commissions you would have otherwise been entitled to had your
commissions exceeded ten dollars ($10).
Carr's Locomotives Affiliate Agrees To:
- Adhere to Our Carr's Locomotives Affiliate Programs' policy
of providing affiliates with promotions, offered at our discretion,
to offer to your customers. We will provide you with adequate
notice so that you may make any and all appropriate changes to
your web site. It will be considered a breach of this agreement
to utilize any promotion, promotion code or other promotional
opportunity as an affiliate link that is not specifically authorized
Our Carr's Locomotives Affiliate Program for the affiliate program
and we reserve the right to withhold or disallow payment for
violations under this section.
- Remove all links regarding promotions on the date such promotions
end, and agree to forfeit any commissions earned after the
end date of the promotions if you continue to post such links.
- Observe Our Carr's Locomotives Affiliate Programs' exclusive
rights as to the advertising of our trademarked company name
within all pay-for-placement and all other search engines.
These names include: Our Carr's Locomotives Affiliate Program,
ultravpl.com and any variation of our trademarked name, and
any trademarked names of products Our Carr's Locomotives Affiliate
Program represents on its web site. Additionally, you may not
claim to be Our Carr's Locomotives Affiliate in any pay-for-placement
or other search engines. Violations will be cause for affiliate's
immediate termination and any unpaid commissions will be unearned,
disallowed and/or charged back.
- Place Our Carr's Locomotives Affiliate Program Links on your
- Have sole responsibility for the development, operation,
and maintenance of your site and for all the materials that
appear on your site.
- Ensure that all materials posted on your site are not illegal
and do not infringe on the rights of any person or entity of
any kind. We disclaim all liability for all materials on your
- Indemnify, defend, and hold us harmless from all claims,
damages, and expenses relating to the development, operation,
and contents of your site.
- Make sure that your site does not copy or resemble the look
and feel of Our Carr's Locomotives Affiliate Program or create
the impression that your site is our site or a part of our
- Submit the URLs for all sites you plan to use to promote
Our Carr's Locomotives Affiliate Program.
You shall not create, publish, distribute, or permit any written material that
makes reference to us, or the companies we represent, without first submitting
such material to us and receiving our consent.
At no time shall you describe your website as the "official," "exclusive," "preferred," or
like term website of Our Carr's Locomotives Affiliate Program,
nor design your site so similar to Our Carr's Locomotives Affiliate
Program in appearance so as to create confusion, uncertainty or
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 Affiliate 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 Affiliate Program will not exceed the total commissions
paid or payable to you under this Agreement.
We grant you a nonexclusive, nontransferable, revocable right to access our
site through the Links solely in accordance with the terms of this Agreement,
for the sole purpose of linking your site to our site, solely for the purpose
of identifying your site as a participant in the Program and assisting in
the generation of sales for Our Carr's Locomotives Affiliate Program. You
may not alter, modify, or change the Links in any way. You are only entitled
to use the Links to the extent that you are a member in good standing of
the Our Carr's Locomotives Affiliate Program. We may revoke your membership
at any time by giving you written notice via Canadian Mail or email.
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
The terms of this Agreement will begin upon acceptance of your application.
This Agreement shall commence on the date of approval of your Affiliate Program
application and shall continue thereafter in full force and effect until
terminated at any time by either party by giving the other party written
notice, or email of termination. Upon 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 Our Carr's Locomotives Affiliate Program trademarks
and logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program.
We may modify any of the terms and conditions of this Agreement at any time.
You will be notified by email.
You and Our Carr's Locomotives Affiliate Program 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.
If you commit fraud or falsify information in connection with the sales transactions
at Our Carr's Locomotives Affiliate Program through the Links on your site,
this Agreement will be terminated immediately. In addition, you will be liable
to Our Carr's Locomotives Affiliate Program for any and all damages that
Our Carr's Locomotives Affiliate Program suffers as a result of such actions.
You will also be responsible for returning to Our Carr's Locomotives Affiliate
Program all commissions received for fraudulent/falsified transactions, and
we will not hesitate to pursue all legal causes of action against you to
the fullest extent possible under the law.
Anti-Predatory Advertising Policy
Affiliates will be removed from the Our Carr's Locomotives Affiliate Program
and forfeit any pending commissions if they are utilizing or distributing
software downloads that potentially enable diversions of commission from
other affiliates in our program.
This Agreement will be governed by the laws of the Canada and the Provience
of British Columbia, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the federal or provincial
courts located in British Columbia, 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 a provision
or any other provision of this Agreement.
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