Website Magazine Affiliate Agreement

Last Updated: 11/24/2009

By pressing the “I AGREE” link below you are entering into and becoming a Party to a binding Agreement with Website Magazine (“WM”) located at 999 E. Touhy Ave, Des Plaines, IL 60018.

  1. You attest that you are eighteen (18) years old or older and are legally authorized to enter into this agreement on behalf of yourself, others, or other type legal entity such as a corporation or partnership.

  2. Website Magazine (WM) is a free and paid publication available in print and digital form. WM’s target readers are website publishers and others interested in the promotion of websites. WM wants you and/or your organization to promote to your members, subscribers, constituents and/or the targeted readers at large the reading of WM. Additionally, WM wants you and/or your organization to encourage those people to subscribe to the magazine. In exchange of your promotion of WM, WM will pay you or your organization according to its current price list (see http://www.websitemagazine.com/content/blogs/about/pages/affiliate.aspx) for each person who independently completes either the standard or professional subscriber form.

  3. Methods of Referral: From your or your organization’s website, a sponsored text link or banner advertisement to the WM website will be created/posted. When your members, subscribers, constituents or the public at large go to your website, select (click) the links or banners, they will be directed to the WM web pages in order to subscribe to receive WM or access content created by WM. If the person immediately subscribes, the subscription referral compensation will be attributed to you or your organization. If the person does not immediately subscribe, WM will attempt to place a “cookie” onto the computer of the visitor. That cookie will identify that computer’s user as being referred to WM by you or your organization. The cookie will identify you as the referrer for a period of 90 days. If the person returns directly to the WM web pages at any time during the 90-day period to subscribe, he/she will be automatically identified and assigned to you as the referrer. The cookie will only work if that computer has its cookies enabled and if the cookie is not erased at some later date. Affiliates referring subscriber who upgrade their standard-level membership to a professional-level membership before 90 days will be compensated the professional-level referral fee on the date the upgrade occurs less fees already distributed.

  4. Requirements of the Transition: The following describe the requirements of all prospective subscriber transitions emanating from your or your organization’s website.

    a. ANY type of general advertising campaign, brochures, email campaign, and use of a “pop-up”, “pop-under”, or “banner” window or display that promotes WM must be approved prior to implementation.

    b. The transfer from your or your organization’s website to the WM website should be at the sole discretion and control of the subscriber and must not be incentivized.

  5. Requirements for Payment: WM will, at its sole discretion, determine whether or not a person is qualified to receive the magazine free of charge and whether or not a subscription is valid. WM will perform quality control tests and audits on the subscriptions to determine their validity. In order to do so, all of the following are required:

    a. The standard-level subscriber must answer all of the questions on the Subscription Form. Subscription Forms with blank fields will not be compensated.

    b. The subscriber’s U.S. domestic address (no P.O. Boxes), listed website and phone number must all be valid and/or working.

    c. Subscribers may deliberately or inadvertently subscribe multiple times from one or more affiliates within the affiliate program, or want the magazine delivered to more than one address. WM will only pay for the very first subscription and for only one address.

  6. Payment: WM will pay you or your organization according to the terms and conditions of the current price list, located at http://www.websitemagazine.com/content/blogs/about/pages/affiliate.aspx for each qualified person who subscribes that is referred to WM by you in accordance with Paragraphs 3, 4 and 5 above and in accordance with Paragraphs 7 and 10 below. WM will, at its sole discretion determine whether or not a person is qualified to receive the magazine free of charge and whether or not the subscription is valid.

  7. Payment terms: Payments are issued by check in U.S. dollars monthly within 15 days of the end of a calendar month to all WM affiliates if the accumulated amount due is greater than $25. If the amount due does not meet or exceed $25, the balance due to you or your organization is rolled over to the following period until the minimum payment amount is reached.

  8. Taxes: WM and you and/or your organization are independent of each other. As such, each Party is responsible for its own obligations pertaining to municipal, county, state, country, income, withholding, sales, or any other tax levied.

  9. Term: One year from date of execution unless terminated in accordance with Paragraph 10 below.

  10. Termination: Either Party may terminate this agreement at any time. Payment for any monies accrued and due will be made in accordance with Paragraphs 5, 6, and 7 above.

  11. Exclusivity: This agreement is non-exclusive.

  12. Subscribe to Website Magazine directly. You and/or your organization acknowledge(s) that you are aware that WM attempts to initiate contacts with all individuals with the intent of having them subscribe to WM directly. WM initiates these contacts in the form of the magazine itself, trade shows, letters, mailers, emails, e-zines, press releases, articles, advertising, word-of-mouth, affiliate programs and other Marketing and Public Relations programs. You and/or your organization agree(s) that if any of your members, subscribers or constituents finds WM through one of the above outlined means, WM is not in breach of this agreement and you and/or your organization will not be compensated for that subscriber.

  13. Intellectual Property Rights: Copyrights (whether registered or not), trademarks, service marks, trade names (whether registered or not), patents, trade secrets, industrial designs, and generally, any and all proprietary rights to computer software, to the name or names under which any computer software is marketed or proposed to be marketed, to the documentation prepared in respect of any computer software, and without limiting the generality of the foregoing, the exclusive right to reproduce and to distribute copies of computer software and the documentation in respect of it and all moral right in and to the same are intellectual property rights. You may use this technology but not allow its use by others connected to you and/or your organization except under the separate terms and conditions stipulated under that specific service. WM retains all rights, title and interest in all content and intellectual property rights in its publication and service.

  14. Logos/Trademarks: Neither party grants license to the other for the use of its Logos or Trademarks. Any unauthorized use is strictly prohibited and is considered a breach of this agreement. Authorized use of Logos or Trademarks will not be withheld arbitrarily.

  15. Media Notices: Either Party may notify media sources of its affiliation individually or jointly. Any individual notification requires the authorization of the other Party. Media Notice authorizations will not be arbitrarily withheld.

  16. Notices: Any notice required by this Agreement shall be deemed given if delivered by return-receipt email to the signatories, or by trackable overnight delivery service when addressed to the other Party at the address shown at the beginning of this Agreement or at such other address for which such Party gives notice hereunder. Delivery shall be deemed effective the same day or the next business day if sent by email or overnight delivery. Both Parties agree to accept facsimile copies of signatures if necessary for any transaction.

  17. Force Majeure: Neither Party shall not be deemed in default for any cessation, interruption or delay in the performance of its obligations due to causes beyond control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, misfeasance, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including Internet access, telecommunications service, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.

  18. Indemnification: You and/or your organization agree(s) to indemnify, defend and hold WM, its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of or in connection with any claim relating to you or your organization. WM agrees to indemnify, defend and hold you or your organization, its successors, officers, directors and employees harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses (including reasonable attorneys’ fees) and damages arising out of or in connection with any claim relating to WM.

  19. Choice of Law, Jurisdiction, and Venue: the laws of the State of Illinois shall govern this Agreement.

  20. Equitable Relief: In the event any action is brought to enforce this Agreement, the Parties agree that any dispute relating to the interpretation or performance of this Agreement will be resolved at the request of either Party through binding arbitration. Arbitration will be conducted in Chicago, Illinois in accordance with the then existing rules of the American Arbitration Association. Each Party will pay its own attorneys' fees and arbitration costs will be shared equally. Any state or federal court having jurisdiction may enter judgment upon any award by the arbitrators. The Parties intend this Agreement to arbitrate to be irrevocable.

  21. Severability: If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

  22. Disclaimer of Warranty: EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO ITS SERVICE AND SEARCH RESULTS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  23. Agreement Changes: This Agreement is subject to change from time to time. You and/or your organization will be notified via email of any changes and the changes will be noted on the WM website.

  24. Complete Understanding: This Agreement constitutes the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreement, either written or oral.

I AGREE - Apply to the Website Magazine Affiliate Program

I DO NOT AGREE

999 E Touhy Ave
Des Plaines, IL 60018

Toll Free: 1.800.817.1518
International: 1.773.628.2779
Fax: 1.773.272.0920
Email: info@websitemagazine.com

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