AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation
in the Innova Sales Affiliate Program. The terms "Affiliate," "you," and
"your" are referring to you, the applicant. "We" and "our" refer to
Innova Digital Systems, LLC, a Texas, US limited liability company. We
are independent parties and this agreement will not form any
partnership.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate
application and will end when terminated by either party. Termination
may happen at any time, with or without cause, by giving the other party
written notice of termination.
MODIFICATION
By
posting a Change Notice or a new agreement on this site, we may modify
any of the terms and conditions within this Agreement at any time and at
our sole discretion. These modifications may include, but not limited
to changes in the scope of available referral fees, fee schedules,
payment procedures and Program rules. If any of the modifications are
unacceptable to you, your only recourse is to terminate this Agreement.
If you continue participation in the program following the posting of a
Change Notice or new agreement, it will be considered as your acceptance
of the change.
COMMISSION FEES
You will receive a percentage per sale as a commission from orders
placed through your Affiliate Site. The percentage that will be paid for
any sale is determined by your participation and tasks performed toward
closing the sale. The current percentage schedule can always be found
at the following link: Sales Affiliate Percentage Schedule.
For
a sale to generate a commission to an Affiliate, the customer must
remit full payment for the service ordered, provide a signature where
applicable and
have their installation completed. Affiliate
commissions will only be paid on sales which are made through qualified
Affiliates.
Referral
fees can only be earned between the acceptance of the Affiliate
application and notice of termination. Fees will be paid on Friday of each week by Innova Digital Systems, LLC.
Any returned checks, chargebacks, or fees from a returned order will be
adjusted in the following fee payment.
Please note that NO COMMISSION is paid on your original purchase of our Sales Affiliate Program.
In other words you cannot buy from yourself or be your first purchase
for the sole purpose of discounting your own product purchase.
ORDER PROCESSING
Innova will be solely responsible for processing every order placed
by a
customer on the Affiliate sites. Customers who
purchase products and services through the Sales Affiliate Program will
be deemed to be customers of Innova. Prices and availability of our
products and services may vary from time to time. Innova
policies will always determine the price paid by the customer. We
reserve the right to reject any order that does not comply with our
rules, operating procedures and policies.
WEBSITE RESTRICTIONS
Innova reserves the
right not to accept any site into the Sales Affiliate Program based on site content. Sites that Do Not Qualify for the Sales Affiliate Program include, but not limited to, sites that are: x-rated and promote sexually explicit materials, promoting violence and discord, promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promoting illegal or questionable activities, violating intellectual property rights
SPAM
Unsolicited Commercial E-mail - Innova
in no way participates in mass unsolicited e-mailing (i.e. spamming),
and all Affiliates are expected to adhere to this policy as well.
Violation of this policy will result in the termination of this contract
and immediate dismissal from our Sales Affiliate Program with no refund.
DISCLAIMER
We
make no express or implied warranties or representations with respect
to the Sales Affiliate Program or your potential to earn income from the Sales Affiliate Program. In
addition, we make no representation that the operation of our site or
the Affiliate Sites will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or down time.
This
Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of
laws. Any action relating to this Agreement must be brought in the
Federal or State courts located in El Paso, TX,
and you irrevocably consent to the jurisdiction of such courts. 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 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.
By submitting a Online Sales Affiliate Application, you acknowledge that you have read this
agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee, or statement other than as set forth in this
agreement.
