TurnKey Internet and its affiliates provide products and services to clients all around the world. TurnKey Internet.net has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to insure our products and services. If you visit, shop, or use any of our products and services at TurnKey Internet, you accept these conditions. Please read them carefully. In addition, when you use any current or future TurnKey Internet products and services or visit or purchase from any business affiliated with TurnKey Internet, whether or not included in the TurnKey Internet Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term of this agreement.
To begin the enrollment process, Affiliate will submit an application via www.turnkeyinternet.net. TurnKey Internet will evaluate Affiliate's application and will notify Affiliate of Affiliate's acceptance or rejection. TurnKey Internet may reject Affiliate's application if TurnKey Internet determines that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to the Affiliate's site promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights.
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 referral fees paid or payable to you under to 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 compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
Spamming, or the sending of unsolicited email, is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. TurnKey Internet will be the sole arbiter as to what constitutes a violation of this provision. "Opt-in," or email sent with permission from the receiver, is acceptable as long as opt-out/removal requests are fully honored. TurnKey Internet has a zero tolerance policy for SPAM. Any Affiliate found to be SPAMMING will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of the receiver's "opt in" (explicit permission from the receiver for any emails in question) that will nullify the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
When you visit TurnKey Internet or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TurnKey Internet will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. Once you become an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You many include Link Materials in mailings to your opted-in lists (see section regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link to TurnKey Internet, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
You may not:
TurnKey Internet will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. TurnKey Internet will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by TurnKey Internet to track sales, affiliates hereby acknowledge and accept that the tracking system employed by TurnKey Internet is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
TurnKey Internet and your company 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 or otherwise, that reasonably would contradict anything in this agreement.
Any product or service with a monthly, quarterly, semi-annually, annually, biennially or triennially recurring service fee listed on the TurnKey Internet web site is eligible for referral commissions. Referral commissions are NOT ELIGIBLE for:
TurnKey Internet will determine, at our sole discretion, if a product or service qualifies for referral commission payout.
We will pay you referral commissions on what will be determined to be the base monthly recurring service fee of Qualifying Product sales to third parties. For a Product sale to be eligible to earn a referral commission, the customer must satisfactorily complete an order for any Qualifying Products and/or Service from the TurnKey Internet web site.
We will only pay the 100% referral commissions on monthly, quarterly or semi-annual sales on such Products after order, payment and shipping (if necessary) and the 2nd monthly billing is completed (31 days after the day of initial sale) on the Qualifying Product sold. The commission will be calculated by taking:
As an example if you have a semi-annual sale of $120, 1/6 of that, (known as the base monthly recurring service fee) would be $20. The Affiliate would then be due 100% of the base monthly recurring service fee for a total commission due of $20.
If during the 31 days the Qualifying Product sold is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. TurnKey Internet at its sole discretion may increase the 31 day hold period before approving a commission by up to 60 days in cases where there is a heightened belief the transaction may result in fraud, refund or charge back.
We will only pay the 200% commissions on annual, biennial or triennial sales on such Products after order, payment and shipping (if necessary) and the referral is maintained as a customer for a period of 90 days, (90 days after the day of initial sale) on the Qualifying Product sold . The commission will be calculated by taking:
As an example if you have an Annual sale of $240, 1/12 of that, (known as the base monthly recurring service fee) would be $20. The Affiliate would then be due 200% of base monthly recurring service fee for a total commission due of $40
If during the 90 days the Qualifying Product sold is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. TurnKey Internet at its sole discretion may increase the 90 day hold period before approving a commission by up to 60 days in cases where there is a heightened belief the transaction may result in fraud, refund or charge back.
Payments are issued in US dollars, and paid once a month, on the 1st of the month for the total amount of 'approved' funds in your affiliate account. Payments are made via PayPal, or at the affiliate's option - in the form of a service credit towards TurnKey Internet hosting products and services.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our Representatives shall be submitted to confidential arbitration in a city selected by the company in New York, United States, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of New York, without reference to rules governing choice of laws. 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 be 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.