BACKGROUND
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Apex Internet Affiliate Program (the "Program"). As used in this Agreement, "we" means Apex Internet Ltd, "you" means the applicant, and "services" means Search Marketing Services offered by Apex Internet Ltd. "Site" means a World Wide Website and, depending on the context, refers either to Apex Internet's site or to the site that we will be marketing. "Referral Date" means the date that a referral is submitted to us via our site.
OPERATIVE CLAUSES
1. The background is confirmed.
2. Enrolment in the program.
To begin the enrolment process please email us at affiliates@apexinternet.co.nz . We will evaluate your application in good faith and will notify you of your acceptance or rejection upon the conditions set out in this Agreement. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, sites that:
3. Linking to Apex Internet Ltd
You may, but are not required to link to the Apex Internet site from your website, however you may not alter product images, descriptions or pricing.
4. The term of this Agreement shall run from the date the Affiliate Application is submitted until brought to an end by either party in accordance with the later provisions of this Agreement.
5. For so long as this Agreement remains in force the Affiliate is authorised in its own name but at all times acknowledging its position as a representative of Apex Intetrnet Ltd to promote the range of services available from Apex Internet Ltd as outlined in Schedule 1.
6. The Affiliate can promote sales to any person or company.
7. The range of Apex Internet Ltd products and other services available at the commencement of this Agreement is set out in Schedule 1.
8. Apex Intenet Ltd shall be entitled to, at any time, add further products and services to Schedule 1 and remove obsolete and/or discontinued products and services.
9. Referral Fees
Subject to the terms and conditions of this Agreement, you will be paid referral fees for each unique website referred to us for Search Marketing Services through the Apex Internet Referral Submission form within the Affilate resources section of the Apex Intenet Ltd website.
We will evaluate your referral in good faith and will notify you of acceptance or rejection upon the conditions set out in this Agreement. We may reject your referral if we determine (in our sole discretion) that the referred site is unsuitable for the Program. Unsuitable sites include, but are not limited to, sites that:
We may also reject a referral if we are already providing services to the client being referred, or if we are already in negotiations to supply services to the client being referred. No referal fee is payable on repeat or ongoing services (maintenance) provided to a referred client.
For the purposes of this Agreement Apex Internet Ltd will be the sole judge of the number and amount of sales generated by unique users referred to us using the Referral Submission form. All contact of whatever nature with referred clients shall be carried out by Apex Internet Ltd.
10. Fee Schedule
Apex Internet will pay commission of 10% of the value of services (as set out in Schedule 1) provided to the referred client within 180 days of the Referral date (during the term of this Agreement). No referal fee is payable on repeat or ongoing services (maintenance) provided to a referred client.
11. Fee Payment
Subject to the terms and conditions of this Agreement you will be paid the referral fees by direct credit to your bank account by the administrator of our affiliate program. Payment of referral fees will be due on the 20th of the month following the payment of fees due to Apex Internet Ltd by the referred client, but if any amount due is less than $100.00 it shall be accumulated and carried forward into succeeding months until the referral fees earned exceed this amount. All referral fees are subject to adjustment for returned fees, fraudulent credit card use or similar cases. Apex Internet Ltd may delay payment of any referral fees where it suspects that the transaction for which the fees are to be paid may be fraudulent.
Any questions you have about the payments payable to you through this program should be directed to affiliates@apexinternet.co.nz
Current fees owed, previous fees paid and status of current referrals can be tracked using the online affiliate management system.
12. Policies and Pricing
Customers who sign up for Apex Internet Ltd services through this Program will be deemed to have become customers of Apex Internet Ltd. Accordingly, all Apex Internet Ltd rules, policies and operating procedures will apply to those customers. We may change our policies, prices and operating procedures at any time. The information provided by Apex Internet Ltd to you may be proprietary in nature. You acknowledge that you are not a competitor of Apex Internet Ltd, and agree not to share this information with any of our competitors or use it for any purpose other than the performance of this Agreement.
Anyone found in violation of these terms and conditions is subject to being banned from Apex Internet Ltd Affilate Program.
13. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program 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 or emailed notice on termination.
You are only eligible to earn referral fees on Services Provided to Apex Internet Ltd to a referred client ocurring during the term of this Agreement only. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site is not suitable for the Program, we may unilaterally end your status as an Affiliate.
14. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. It is your responsibility to regularly check our site for notice of any changes.
Your continued participation now, or within thirty (30) days following the posting of a notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
15. This agreement is non-exclusive.
16. The relationship created by this Agreement shall be that of two (2) independent parties contracting for the provision of a service in return for a reward and nothing shall be construed to deem there to be an employer/employee or partnership or joint venture or other form of relationship.
17. The Affiliate shall be entirely responsible for his/her/its own taxes, risks and responsibilities at law and otherwise.
18. The Affiliate shall not be entitled to make any representation on behalf of Apex Internet Ltd or incur credit on behalf of Apex Intenet Ltd or otherwise commit Apex Internet Ltd to any obligation or liability, legal or otherwise, without the prior written approval of Apex Internet Ltd.
DISPUTE RESOLUTION
19. If at any time during or after the expiry of this Agreement either party alleges by written notice that a dispute has arisen out of or in relation to this Agreement the parties shall negotiate in good faith in an attempt to resolve the matter.
20. If the parties have not been able to reach a settlement within 14 days then either party may thereafter by written notice to the other party refer the dispute for resolution in accordance with this clause.
21. The matter shall first be referred to a mediator. If the parties are unable within 14 days of receipt of the notice of referral to agree upon a mediator then either may request the President of the Taranaki District Law Society to appoint one for them.
22. Following the appointment of a mediator the parties shall continue to attempt to resolve the dispute with the mediator's assistance. If after 21 days no agreement has been reached then either party may thereafter by written notice refer the dispute to Arbitration. Each party shall pay a one half share (or any other agreed proportion) of the mediator's costs and disbursements.
23. The arbitration shall be carried out in accordance with the provisions of the Arbitration Act 1996.
Schedule 1 (Product & Services Schedule)
THE full range of Apex Internet Ltd products and other services subject to referral fees at the commencement of this Agreement is set out in Schedule 1.
Bundled Services:
Launch
Boost
Corporate
Stand-alone Services:
Additional Keyword Phrases
Additional Articles + Submission
Google Sitemaps Set-up
Google Analytics
Google Adwords
Google Places Listings
New Plymouth
Phone (+64) 06 769 5640
Fax (+64) 06 769 5641
Email info@apexinternet.co.nz
Christchurch
Phone (+64) 03 374 6518
Fax (+64) 03 374 6519
Email chch@apexinternet.co.nz
