CompAndSave.com Inc. Affiliate Program Terms of Service THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UPON WHICH COMPANDSAVE.COM INC. OFFERS YOU PARTICIPATION WITHIN COMPANDSAVE.COM INC. AFFILIATE PROGRAM. YOUR PARTICIPATION IN COMPANDSAVE.COM INC. AFFILIATE PROGRAM IS CONDITIONED UPON YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. BY SELECTING THE “I AGREE” BUTTON AT THE END OF THE ONLINE APPLICATION FORM, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH COMPANDSAVE.COM INC., YOU ARE ACCEPTING THE TERMS OF SERVICE CONTAINED IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT SELECT “I AGREE” BUTTON AT THE END OF THE ONLINE APPLICATION FORM.
This agreement (“Agreement”) is by and between CompAndSave.com Inc. (“CompAndSave.com”, “CompAndSave”, “Merchant”, “we” or “us” and “our” shall be construed accordingly) and you (“Affiliate”, “you” or “your” shall be construed accordingly) as an online Affiliate in CompAndSave.com Affiliate Program maintained by The ShareASale Network (“Program”) and the establishment of links from your affiliate web site (“your site” or “Affiliate site”) to our web site, www.compandsave.com (“our site” or “CompAndSave.com” or “CompAndSave” or “our web site”).
This Affiliate Program is designed for participants aged 18 and above who can form legally binding contracts under applicable law. By accepting this Agreement and participating in the Affiliate Program, you acknowledge that you are age 18 or above. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for this Affiliate Program for any reason, including, but not limited to, use of “CompAndSave.com” or “CompAndSave”, variations or misspellings in its domain name, use of materials that infringe upon copyright, trademark or other intellectual property rights, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. If we reject your application, you are welcome to reapply to this Affiliate Program at any time provided that you remove any content that CompAndSave.com may have found objectionable. Affiliates who are terminated from this Affiliate Program are forbidden to reapply at any time in the future. Any such attempts to do so will result in commissions being withheld.
- If your application is approved, you will be eligible to post CompAndSave.com banners, buttons, product feeds, coupon links, text links provided by The ShareASale Network (Each of these sometimes being referred to herein as “Merchant Links” or “Links” or, individually, as a “Merchant Link” or a “Link”. These Links are provided by The ShareASale Network) prominently on your site as you see fit and with our consent.
- You shall not use software downloads that potentially enable diversions of commission from other affiliates in our program.
- You shall not utilize pop-up, pop-under, or automatic redirects to link to our site. Any method that automatically plants a commission tracking cookie is strictly prohibited. A customer who links from your web site to our web site (Sometimes being referred to herein as a “User” or “Users”) must click on a Merchant Link to set the commission tracking cookie.
- You shall not cause the creation or over writing of a commission tracking cookie on a User’s computer unless it is the direct result of a click on a Merchant Link from your web site. You shall not cause the creation of a commission tracking cookie on a User’s computer through the means of automatically popping up our site, through the use of Iframes nor through any other method, other than through a direct User initiated click on a Merchant Link.
- Users who click Merchant Links on your site shall experience our site exactly as presented by us. You shall not transmit any so-called spywares, adwares, shopping assistance application, toolbar, shopping wallet or deceptive pop-up/under to Users at any time from the moment the User clicks Merchant Link to the moment they have fully exited our site.
- You shall not send unsolicited commercial e-mail (“spam”) with Merchant Links. Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. You must use valid e-mail headers at all times. You may use mailings to customers to promote CompAndSave.com 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. No matter what, you must always clearly represent yourself and your web sites as independent from CompAndSave.com.
- You shall not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return email address.
- You may use CompAndSave.com’s content (including but not limited to copy and images) exclusively to promote CompAndSave.com. You shall not use CompAndSave.com’s content in order to promote any other company.
- You shall be solely responsible for the development, operation, and maintenance of all URLs that are linked to our Web Site and for all materials that appear on such URLs.
- You shall not apply to this Affiliate Program maintained by The ShareASale Network if you are already enrolled in CompAndSave.com’s in-house affiliate program. Similarly, you shall not apply to CompAndSave.com’s in-house affiliate program if you are enrolled in our Affiliate Program maintained by The ShareASale Network. In any case, you shall not simultaneously be enrolled in CompAndSave.com’s in-house affiliate program and CompAndSave.com’s affiliate program maintained by The ShareASale Network.
- If we determine, in our sole discretion, that you have violated any of these provisions, it shall be deemed a material breach by you of this Agreement and CompAndSave.com shall reserve the right (without limiting any other rights or remedies available to us) to immediately terminate this Agreement and/or withhold any referral fees otherwise payable to you under this Agreement.
All orders, customer service and fulfillment of such orders will be handled by CompAndSave.com, including but not limited to payment processing, shipping, returns. You may not take orders, perform customer service or deliver CompAndSave.com products on our behalf. We reserve the right to reject any order.
A transaction that involves (a) purchase of our product through our site by a User linking to our site from your site using a Merchant Link during a Session (as defined below), (b) order being validated by our internal system, (c) delivery of the purchased products to the customer, (d) CompAndSave.com receiving full payment, qualifies for a commission and is referred to as a Qualifying Transaction. A Session is the period of time beginning from a User’s initial contact with our site through a Merchant Link on your site and terminating at the end of the commission tracking cookie life. For each Qualifying Transaction, a commission will be paid on the amount of the order less the amount returned for credit card fraud, bad debt, returned goods, chargeback. If a product that generates a commission is returned by the customer, we will deduct the corresponding commission from your next payment. If there is no subsequent payment due, you will be billed for and required to repay the commission. You shall not be eligible for a commission under the following circumstances: (a) A User comes to CompAndSave.com through your site and then later returns to CompAndSave.com by following the link (provided by The ShareASale Network or CompAndSave.com’s in-house affiliate program) on another affiliate’s site (enrolled in CompAndSave.com’s affiliate program maintained by The ShareASale Network or CompAndSave.com’s in-house affiliate program) and makes a purchase. In this case, the last affiliate will get the commission for the purchase. (b) A User makes a purchase after the Session has expired. (c) A User prevents the commission tracking cookies from being stored on his or her computer or if a User deletes the commission tracking cookies. Commission percentages and commission tracking cookie life are subject to change at any time in our sole discretion without notice.
Except and only to the extent specifically set forth in this Agreement, Affiliate shall not acquire any right under this Agreement to use any URL, Mark or name similar to or containing ‘CompAndSave.com’ or any other name or trademark owned or rightfully belonging to us: (a) in any advertising, publicity, or promotion (except pay per click bidding) or sponsored links for CompAndSave.com’s trademark; (b) to express or to imply any endorsement of Affiliate’s products or services; or (c) in any other way.
We will track sales made to customers who came to our Web Site from the CompAndSave.com Link displayed on your Affiliate Web Site. We will continue to track the sales made to such customers, and to pay you a commission for such sales as long as our cookies remain in the customer's computer. You and we each agree to rely on, and not to challenge or dispute, the sales tracking and other information that we compile in connection with the Program, which will bind both you and us for all purposes under this Agreement. You hereby agree that when and if the cookies used to track sales to customers who came to our Web Site through the CompAndSave.com Link displayed on your Affiliate Web Site are deleted, erased, corrupted or become unworkable for whatever reason, we will no longer be able to track sales to that customer and shall not be liable for payment of any additional commissions to you for any additional purchases made by such customer(s).
Policies and Pricing
Users who purchase CompAndSave.com products by following the Merchant Links on your web site will be deemed to be customers of CompAndSave.com. All our terms and policies related to customer orders, customer service and sales will apply to those users. We may change our terms and policies at any time in our sole discretion without notice.
Independent Contractors and Relationships
All Affiliates are independent contractors; they are not employees of CompAndSave.com. Affiliates are responsible for their own federal, provincial, state, local or other taxes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
CompAndSave.com guarantees no specific income from this Program. We may change our policies, operating procedures, URL address(es) or commission levels at any time...
The Affiliate, at its own expense, will indemnify, defend and hold harmless, CompAndSave.com, its respective parents, subsidiaries and affiliates, and each of their respective directors, officers, employees, agents, affiliates, successors and assigns against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of Affiliate's representations and warranties hereunder, (ii) the failure to comply with or perform any obligation or agreement of Affiliate hereunder, (iii) the Affiliate's Web Site(s) and/or any content, technology or other materials displayed or contained thereon, including but not limited to with respect to claims of infringement, (iv) Affiliate's failure or alleged failure to comply with any applicable law, and/or (v) any actual or alleged wrongful act of Affiliate.
Term of the Agreement
This Agreement shall begin on the date you accept the terms and conditions set forth herein (the "Effective Date") and shall terminate on the date on which CompAndSave.com no longer maintains the program contemplated hereunder. Either party may terminate this Agreement at any time and for any reason by providing notice to the other party. CompAndSave.com may terminate this Agreement immediately, without notice, if CompAndSave.com determines, in its sole discretion, that the Affiliate has breached this Agreement or that Affiliate's web site(s) are unsuitable to participate in CompAndSave.com Affiliate Program. Upon the expiration or termination of this Agreement for any reason, the Affiliate shall immediately remove all Merchant Links from its web site. Any provisions of this Agreement which are to be performed after termination to effectuate their intent and purpose, shall survive termination of this Agreement.
During the course of your participation in this Affiliate Program, CompAndSave.com may share with you business and financial information relating to CompAndSave.com or to this Affiliate Program that is not known to the general public (“Confidential Information”). Confidential Information includes, without limitation, product data feeds, commission levels, percentages and bonuses. You agree that you will not disclose Confidential Information to any individual, company, or other third party.
Modification of Agreement
CompAndSave.com reserves the right to modify this Agreement, at any time in its sole discretion, by posting a change of notice or a new agreement on The ShareASale Network and sending an email notification to Affiliate. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION AS AN AFFILIATE OF COMPANDSAVE.COM FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL CONSTITUTE ACCEPTANCE OF SUCH MODIFICATION BY AFFILIATE.
COMPANDSAVE.COM MAKES NO WARRANTIES, REPRESENTATIONS, GUARANTEES, OR CONDITIONS WITH REGARD TO THE PRODUCTS SOLD ON COMPANDSAVE.COM WEB SITE OR THE OPERATION AND MAINTENANCE OF COMPANDSAVE.COM WEB SITE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. IN PARTICULAR, COMPANDSAVE.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE COMPANDSAVE.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF DAMAGES
COMPANDSAVE.COM WILL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THIS AFFILIATE PROGRAM, EVEN IF COMPANDSAVE.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, COMPANDSAVE.COM'S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THIS AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL REVENUE SHARE PAID OR PAYABLE BY COMPANDSAVE.COM TO AFFILIATE UNDER THIS AGREEMENT DURING THE PROCEEDING 12 MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY AROSE.
The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify, or place any construction upon or on any of the provisions of this Agreement.
The Affiliate may not assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without CompAndSave.com's 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.
CompAndSave.com's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.
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 COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Governing Law and Language
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the United States and the State of California. The parties agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in State of California. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.