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OP River Affiliate Agreement
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Please read the agreement document below before registering in the
OP River Affiliate program.
This Agreement sets forth the Standard Terms and Conditions that apply
to the OP River web hosting Affiliate Program. Your use of the
OP River Affiliate Program indicates your agreement to be bound by this
agreement.
1) Term of the Agreement:
The term of this Agreement will begin upon OP River's acceptance of your
Affiliate application and will end when terminated by either party. Either
the Affiliate, or OP River may terminate this Agreement at any time, with
or without cause, by giving the other party written notice of termination.
In general, residual income may still be paid to an Affiliate even if the
Affiliate is no longer actively referring new business, or has
terminated this agreement.
However, in certain situations where the terms of this contract have
been violated by the Affiliate, residual income for referrals may be halted.
Cause for termination without further commissions/residuals include, but are
not limited to:
. Use of unsolicited email/spam to promote OP River web
hosting services.
. Transmission of any fraudulent personal information or data
in violation of any applicable laws or regulations.
If you use spam to promote the service, then you will be notified that your
Affiliate agreement, and account has been terminated.
2) Specifics of Residuals:
OP River Affiliates receive a generous 25% residual income from all referred
web hosting clients. This 25% is currently limited to our
core web hosting plans. Currently, these plans
include Copper, Bronze, Silver, Gold, Platinum, and certain Dedicated web server
plans. This residual income is earned by an affiliate for as long as
the referred client is signed up for web hosting services at OP River.
As OP River reserves the right to raise or lower monthly plan and service
fee's, Affiliate understands that such changes will affect the overall
residual income that will be earned.
Currently, residual income is NOT earned on ANY add-on services, such as
financial Gateway support and Web shopping cart support. As an example,
if a referred client signs up for the Silver web hosting plan at $19.95
per month, then adds support for a financial gateway at $9.95 per month,
the residual earned would be 25% of $19.95, or $4.99. No residual income
will be earned for the $9.95 per month charged for the financial gateway
support.
3) Affiliate Payment: Affiliates that earn
$50 or more per month, will receive payments on a monthly basis. Payments
will not be issued unless an Affiliate has reached a balance of more than
$50. Affiliates will receive at least one payout per year, providing
there is an outstanding balance of $10 or more due to them for their referrals.
4) Modifications:
OP River reserves the right to modify this Affiliate agreement at any time
and without advance notice. Affiliates are responsible for regularly
reviewing the OP River web site
(http://opriver.com/) for changes or
modifications to this Affiliate Agreement. OP River will not assume
any obligation to notify Affiliate of any changes to the terms of the
Agreement.
Any changes or modifications made will be in good faith. The agreement
will not be altered to purposely avoid paying residuals to Affiliates.
OP River agrees to make a best effort in notifying Affiliates of modifications
to this agreement in the form of an email notification to the email address on
file that is associated with the Affiliate account.
5) Limitation of Liability:
OP River 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 OP River Affiliate Program, even if we have been advised of
the possibility of such damages. Further, our aggregated liability arising
with respect to this Agreement and the OP River Affiliate Program will not
exceed the total residual income paid or payable to Affiliates under this
agreement.
6) Entire Agreement:
Unless otherwise specified herein, this Agreement constitutes the complete and
exclusive statement of the Agreement between the parties regarding the products
and services provided hereunder, and supercedes any prior Agreements between
the parties with respect thereto, including previous agreements between the
parties through other avenues.
7) Indemnification:
Affiliate agrees to defend, indemnify and hold harmless OP River against any and all
claims, losses, liability costs and expenses (including but not limited to
reasonable attorneys' fees) arising from Affiliate's violation of this Agreement
or any third-party's rights, (including, without limitation, infringement
of any copyright trademark, service mark, trade secrets, right of privacy or
publicity or any other third party right). The terms of this section shall
survive the termination of Affiliate's relationship with OP River.
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