Date of Last Revision: June 20, 2018.
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUY BIZ CHARTS LTD. (PUBLISHER OF ONLINEPANEL.NET)
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.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Affiliate Program of Online Panel NET. The purpose of this Agreement is to allow HTML linking between your web site and web site of Online Panel NET. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Online Panel NET, and “you,” “your,” and “yours” refer to the affiliate.
3. Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Affiliate Program.
3.2. Buy Biz Charts Ltd., the publisher of Online Panel NET reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, we shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and the Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Trademarks & Copyrights
All graphics. logos, designs, trademarks, service marks, service names, and trade dress are the sole property of Buy Biz Charts Ltd., and may be subject to state and/or federal U.S. protection and that of other countries. Trademarks and copyrights of Online Panel NET dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Buy Biz Charts Ltd.
7. Access to Affiliate Account Interface
You will create a username and password so that you may enter our affiliate account interface. From our site you will be able to receive your reports that will describe our calculation of the commissions due to you. The affiliate report and the showing commissions are not binding for a payment, and we do not take responsibility for report errors or false displayed leads or the incorrectly numbers and sum of leads. The affiliate access site is: https://onlinepanel.net/affiliate-area/
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Online Panel NET. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Online Panel NET so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Online Panel NET so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Online Panel NET. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program of Online Panel NET. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Online Panel NET and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our site (i.e., no page from our site or any of our content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of our site in IFrames, hidden links and automatic pop ups that open the site of Online Panel NET; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
You will receive a commission for sending legal leads via your links on your site. A legal and approved lead is, if a user to subscribe on a simple form (including DOI) and do an action on our site (cookies duration: 30 days). All signed leads (as unpaid) in the affiliate report online are approved leads, and would not be canceled. You understand that the payout amount may be changed at any time. You are responsible for determining if the payout for a link you have placed on your site has changed or been discontinued. You receive the commission from Buy Biz Charts Ltd., the publisher of Online Panel NET. Payments are made each month when your account balance reaches $50 or more for the previous months’ transactions – the payment date is planned 30 days (NET30) after invoicing. Money credited to your affiliate account does not accrue interest. In the event of a VOID, we may recover from you the corresponding commission previously credited to your account. The VOID Commission will be immediately deducted from your account balance. In the event that your account balance is less than the VOID commission, the VOID commission will be deducted against your future earnings. You will NEVER be asked to send money to Online Panel NET.
10. Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ONLINEPANEl.NET’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
ONLINEPANEl.NET MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ONLINEPANEl.NET SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ONLINEPANEl.NET ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
13. Company Details
Buy Biz Charts Ltd., Publisher of Online Panel NET
907 Silvercord Tower 2, 30 Canton Road
Tsim Sha Tsui, Kowloon
Affiliate account access under: https://onlinepanel.net/affiliate-area/