This is a legally binding agreement between Cybercon, Inc. (“Cybercon”, "us", "our", "ours") and you ("you", "yours"). By completing and submitting the online application, you acknowledge that you have read, understand and agree to be bound by this operating agreement.
This Agreement ("Agreement") contains the complete terms and conditions concerning the Cybercon Affiliate Program (“Cybercon Affiliate Program"), the purpose of which is to promote product coupon codes to be used at our website, www.cybercon.com or cybercon.com ("Cybercon Website").
Submit a complete application via the Cybercon Website. Your application will be evaluated in good faith and we will notify you of its acceptance or rejection. Your application may be rejected if we determine (in our sole discretion) that your site or your business is unsuitable for the Cybercon Affiliate Program. Unsuitable sites or business include, but are not limited to, those that promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; include "Cybercon," or any other trademark of Cybercon or its affiliates, or variations or misspellings of any of them, in their domain name or other HTML tags, including page titles, meta-tags, or HTML comment tags, or in any paid search programs. By participating in the Cybercon Affiliate Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Cybercon Affiliate Program at any time. If subsequent to the acceptance of your application, your site or business is determined (in our sole and absolute discretion) to be unsuitable for the Cybercon Affiliate Program, we may immediately terminate this Agreement at any time without notice. Only those parties that can enter lawfully into and form contracts under applicable law can participate in the Cybercon Affiliate Program.
* Cybercon Affiliate Link
As a Cybercon Affiliate Program member, we will make available to you a variety of graphic and textual links which, subject to the terms and conditions of this Agreement, you may display on your website. The Cybercon Affiliate Link will serve to identify your site as a member of our Cybercon Affiliate Program and will establish a link from your site to ours. In return for us providing you with the Cybercon Affiliate Link, you agree to cooperate fully with us in order to establish and maintain the Cybercon Affiliate Link. You also agree that you will display in your site only those graphic or textual images that are provided by us, and you will immediately substitute such images with any new images that are provided by us from time to time throughout the term of this Agreement.
* Limited License
Except for the limited license granted under this section, you do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property with respect to the Cybercon Affiliate Link, link formats, technical specifications, guidelines or graphical artwork referenced above, or with respect to the Cybercon domain name.
You also acknowledge that we (and our agents) may crawl or otherwise monitor your site for the purpose of ensuring the quality and reliability of links on your site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc...).Therefore, you agree that we and our agents may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we and our corporate affiliates, consultants and agents may use technical means to overcome any methods used on your site to block or interfere with such crawling or monitoring).
By participating in the Cybercon Affiliate Program, you consent to us sending you occasional email updates regarding the program.
You will not, in connection with this Agreement, display or reference on your site, any trademark or logo of any third party seller appearing on the Cybercon Website unless you have an independent license for the display of such trademark or logo; use any data, images, text, or other information obtained by you from us or the Cybercon Website in connection with this Agreement only in a lawful manner and only in accordance with the terms of this Agreement.
We grant you a limited, nonexclusive, non-transferable, revocable right to use the graphic image and text solely for the purpose of you participating in the Cybercon Affiliate Program. You may not modify the graphic image or text in any way. All of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. Should we decide to revoke your license, we will give you notice.
You acknowledge Cybercon's ownership in its licensed materials, agree that you will not do anything inconsistent with Cybercon's ownership and that all of your use of the licensed materials will inure to the benefit of and on behalf of Cybercon, and, if requested, agree to assist Cybercon in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title or interest in the licensed materials other than the right to use the licensed materials in accordance with this Agreement. You also agree that you will not attack the title of Cybercon to the licensed materials or the validity of the Licensed Materials or this Agreement.
* Order Processing
Only items or services that were purchased by customers who use the Cybercon Affiliate Link from your site to Cybercon Website or use coupon code provided by you are considered direct sales ("Direct Sales")." Direct Sales placed through the Cybercon Affiliate Link on your site are reduced by items or services that are canceled by customers, charged back, considered as fraudulent or refunded at a later date. We reserve the right to exclude items ordered by you (using the Cybercon Affiliate Link or affiliate coupon code which would otherwise qualify for Direct Sales) and to not pay commissions for them, if we deem it necessary, in our sole and absolute discretion, to prevent abuse of the Cybercon Affiliate Program, or to reject orders that do not comply with any requirements that we periodically may establish. Cybercon will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the Cybercon Affiliate Link from your site to the Cybercon Website. A statement of activity in real time is available to you on Cybercon Website.
The Commission rate for direct sales is 50% of the first month monthly fee. The Commission rate for recruited affiliates' sales is 25% of the first month monthly fee. The commission is a one-time payment per order. Customer must maintain and pay service for at least two months.
When the total commissions due to you exceed one hundred U. S. dollars ($100.00) at the end of any calendar month, we will send a commission payment for the applicable commissions (less any taxes required to be withheld under applicable law). Such commission payments will be sent approximately forty-five (45) days after the end of any calendar month in which accumulated earned commissions exceed one hundred U. S. dollars ($100.00), and the customer payment to Cybercon is collected via Non-Reversible payment method such as Checks, Money Orders, Cash, Wire transfer, Western Union, ... etc. Such commission payments will be sent within one hundred eighty days (180) if which the accumulated earned commissions exceed one hundred U. S. dollars ($100.00), the customer payment to Cybercon is collected via Reversible Payment Method such as Credit cards, ... etc. If at the end of any calendar month earned commissions are less than one hundred U. S. dollars ($100.00), such earned commissions will be disbursed once they exceed one hundred U. S. dollars ($100.00), and meet the customer payment criteria as described above.
* Cybercon Policies
Customers who buy products and services through this Cybercon Affiliate Program are customers of Cybercon. All of Cybercon's standard policies and operating procedures will apply to these customers. We may change our policies and operating procedures at any time. Product and service prices and availability may vary from time to time.
* Responsible for Maintaining your Website
You shall indemnify, defend and hold harmless Cybercon, its officers, directors, employees, agents, invitees, licensees, tenants, attorneys, successors and assigns from any and all claims, suits, demands, actions, losses, damages, costs and expenses of every kind or nature (including, but not limited to Cybercon's attorneys' fees and expenses) relating to or arising out of (i) the Cybercon Affiliate Program; (ii) this Agreement (including, but not limited to, any breach by you of this Agreement or of any representation, warranty or agreement contained herein); or (ii) any act or omission by you, or any of your agents or employees.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
* Compliance with Laws
As a condition to your participation in the Cybercon Affiliate Program, you agree that while you are a Cybercon Affiliate Program member you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Cybercon Affiliate Program member. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Cybercon Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.
* Term of Agreement
The term of this Agreement will begin upon our acceptance of your Cybercon Affiliate 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 notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Cybercon Website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Cybercon Affiliate Program. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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 the Cybercon Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Cybercon Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Cybercon Affiliate Program following our posting of a change notice or new agreement on the Cybercon Website will constitute binding acceptance of the change.
* Nature of Our Relationship
You and Cybercon 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 behalf of Cybercon. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
* Limitation on Liability
IN NO EVENT SHALL CYBERCON'S LIABILITY EXCEED THE COMMISSION FEES PAID TO YOU WITHIN THE PREVIOUS TWELVE (12) MONTHS. IN NO EVENT SHALL CYBERCON BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO THE CYBERCON AFFILIATE PROGRAM EVEN IF CYBERCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE CYBERCON AFFILIATE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE CYBERCON AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CYBERCON ABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE CYBERCON WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
* The Laws Governing this Agreement
This Agreement will be governed by the laws of the United States and the State of Missouri, 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.
* Spyware and Other Parasites
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Cybercon and/or its partner sites) is subject to punitive actions by Cybercon, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. Cybercon encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by Cybercon, be provided, Cybercon reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
* Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE CYBERCON AFFILIATE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. 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.
Cybercon respects the privacy of our affiliate partners which we treat as confidential in accordance with Cybercon’s Privacy & Security Policy. We do not disclose confidential information to any third parties except for those outside companies carefully selected by Cybercon to assistant us in managing the Cybercon Affiliate Program.