PARTICULAR CONDITIONS OF THE AFFILIATE PROGRAM
We’ve tried to keep it simple, but if you have any questions, please feel free to email us at firstname.lastname@example.org.
Kenotronix (“Company”) operates the website www.kenotronix.com. As part of its website, Kenotronix offers an affiliate program (the “Program”), through which authorized publishers provide marketing services through third party websites, subscription services, promotional services and / or unionized services, are granted a limited and non-exclusive right to: (i) advertise and promote Kenotronix products and services and the Kenotronix website in a manner consistent with this Agreement (defined below); (ii) post or distribute an approved graphical or textual Internet hyperlink (the “Link”) to the Kenotronix website and (iii) direct visitors to the website (the specific URL) designated by Kenotronix (the “Destination Site”). This agreement sets out the terms and conditions applicable to your membership in the program which are in addition to any terms and conditions that you have accepted.
Publishers have the opportunity to earn a commission for referring visitors to the Kenotronix website who complete the required transaction under the program to the Kenotronix destination site. The commission rate may be changed from time to time by Kenotronix without notice). Payment of commissions earned by the publisher for valid transactions will be made by Kenotronix.
Valid Kenotronix transactions are defined as successful purchase transactions of qualified products taking place in the Kenotronix shopping cart.
Publisher is eligible for commissions on the initial purchase of services only, any additional or subsequent purchases including customer additions or upgrades are not eligible. Renewals of existing services do not qualify for commissions.
New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts stated in the program terms.
Services must remain open and paid for a period of 60 days to be eligible for commissions.
Publishers are not eligible for commissions on Security Pack, CDN & WAF, Site Migration and Dedicated Server services.
Participation in the program is subject to approval by Kenotronix. Prospective Publishers must first submit an application to Kenotronix in order to become an Eligible Approved Publisher to post links to the Kenotronix website and earn commissions. Once the request is submitted, Kenotronix will have the option to approve or deny the request for any reason or no reason.
If approved, the publisher / you will have already acknowledged having accepted this agreement by clicking on the “Join the program” (or otherwise named) button, after having checked the box indicating “Yes, I have read and accepted the following terms and conditions ”(or as otherwise described) and after clicking the button to continue, thereby agreeing to the Special Program Terms between Kenotronix and the Publisher (also referred to as the“ Agreement ”). This Agreement applies only to Approved Publishers who agree to the Special Program Terms and only Publishers who accept this Agreement may participate in the Program.
With the exception of the payment of commissions, the Publisher may not claim any additional compensation, commissions or derivative business by or via a destination Site.
Participation in the program does not constitute an employment, brokerage or agency relationship between the publisher and Kenotronix and does not create any partnership, joint venture, franchise or sales representative relationship between the parties.
ADVERTISING REQUIREMENTS AND EXCLUSIONS
You agree to use only Kenotronix approved banners and ad copy found in the program. You will not modify or revise the creations, content, or links of Kenotronix without prior approval. Publishers must obtain express written permission from Kenotronix regarding the use of any custom creation or the use of any Kenotronix intellectual property.
You agree to only use discount codes that are specifically provided to you through the program. All commissions earned on sales in violation of the above coupon code policy will be forfeited. Kenotronix does not pay commissions on purchases made by the customer with the following discount codes: a coupon code not provided through the program, an internal Kenotronix coupon code or a private discount code, a coupon code provided in emails to Kenotronix customers; and any coupon that states on its landing page that it is “not compatible with the affiliate program”.
You agree to assume all responsibility and risk associated with any content that you submit, transmit, email, upload, link, display, broadcast, facilitate access or make available as part of your participation in the program. This includes any reliance on the accuracy, completeness, truthfulness, relevance, legality or usefulness of such content. You warrant and represent that you own all legal rights to, or have obtained all necessary permissions to use any content that you make available or use in connection with your participation in the program.
You agree that the use of techniques such as “cookie jam” which set a tracking cookie without the user actually clicking on the affiliate link (eg, a 1×1 pixel iframe) is strictly prohibited.
You agree not to refer visitors or conduct transactions by illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) SPAM by email, forum, blog or social media; (iii) forced iframes; (iv) through CPC advertisements using the Kenotronix brand or in any way exploiting the Kenotronix brand; or (v) by any other means that Kenotronix deems, in its sole discretion, to be questionable;
You agree that your website must not in any way copy or resemble the look and feel of the Kenotronix website, and you must not create the impression that your site is part of the Kenotronix sites. You must not use the Kenotronix trademarks, or any variation or misspelling thereof, in your URL, your company name, your business name or your site name. You must not frame or authorize the framing of any page in the Kenotronix network.
You may not use any trademark of Kenotronix, or any variation thereof, in any manner not expressly permitted by this Agreement. In particular, you may not use any brand of Kenotronix, or any variation thereof, directly or indirectly in (a) meta-tags, (b) in hidden text, page titles or source code, (c) in your domain or subdomain, and / or (d) in any other way. You cannot design your site in such a way that Internet traffic is directed away from the Kenotronix website. You agree not to use, advertise or promote in any way any trademark of Kenotronix in the title or description copy associated with paid search engines for placement or in advertising on paid search engines. Unless you have written and explicit approval from Kenotronix, you cannot bid on any brand of Kenotronix, on paid search engines for placement. If Kenotronix determines, in its sole discretion, that You have violated any of the above prohibitions, Kenotronix may use all remedies available to it, including, but not limited to, immediate termination of this Agreement and / or commencement of ” an action by Kenotronix against You seeking, without limitation, an injunction and / or the recovery of actual, statutory and / or punitive damages. Further, you acknowledge and agree that you will not be entitled to receive commissions on any sales you generate or help generate at any time that you are in violation of this Agreement or other Kenotronix policies.
Publishers are responsible for complying with all advertising regulations. In essence, directories, blogs, and other websites, emails or other guarantees that purport to provide an endorsement or review of Kenotronix must clearly disclose whether financial or in-kind compensation is being provided by the advertiser.
DURATION AND TERMINATION
The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) Kenotronix will provide the Publisher with seven (7) days written notice, except as provided below; or (ii) Publisher will use the automated system to expire the affiliation and Publisher will comply with the Sections below.
This Agreement may be terminated immediately if the Publisher violates this Agreement.
In the event of termination of this Agreement, Kenotronix and the publisher shall be released from all obligations and liabilities to the other party arising or occurring after the date of such termination or the transactions contemplated herein, except with respect to obligations which , by their nature, are designed to survive termination or as provided herein, provided that no such termination releases Publisher from any liability arising out of any breach of this Agreement occurring prior to termination.
Upon termination of this Agreement, (i) Kenotronix’s acceptance of additional references obtained through the Publisher will not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Publisher will only be entitled to such unpaid commissions, if valid, earned by Publisher on or before the date of termination, (iii) The Publisher will not be entitled to any commission for any amount of valid references delivered after the date of termination, (iv) all rights and licensees of Publisher hereunder shall immediately terminate, (v) the publisher must cease all use of all trade names, brands, service marks, logos and other designations of Kenotronix or the program, and (vi) the publisher must remove all Kenotronix links.
The provisions of this agreement are severable. If any provision of this Agreement, or its application to any person or circumstance, is held to be invalid or unenforceable under any applicable law, such invalidity or unenforceability will not affect other provisions of this Agreement which may be brought into effect.
No delay or failure by Kenotronix in exercising any right under this Agreement, and no partial or sole exercise of such right, shall constitute a waiver of that right or any other right.
Kenotronix’s rights and remedies are not mutually exclusive; in other words, the exercise of one or more of the provisions hereof will not prevent the exercise of any other provision hereof.
This agreement will be considered a mutual agreement and will not be interpreted and / or interpreted in favor or against either party on the basis of the preparation of the agreement.
By applying to the Program, and clicking on the “Join Program” (or otherwise named) button and clicking to continue after checking the box acknowledging your reading of this Agreement, you execute, accept, enter, and become a party to this Agreement, effective on the date of such acceptance of this Agreement.
Kenotronix reserves the right to change the terms and conditions of this Agreement at its sole discretion without notice to the publisher. If any change is unacceptable to the Publisher, the Publisher’s sole remedy is to terminate this Agreement by expiring the relationship and / or rejecting the new proposed program duration. The Publisher’s continued participation in the program by accepting the new duration of the program as well as the new general conditions of this contract constitute the publisher’s binding acceptance of the modification.
This Agreement is governed by the laws of the Province of Quebec, Canada, except for its provisions relating to conflicts of laws. The exclusive forum for any action related to this agreement will be in the courts of Quebec. The Publisher consents to such place and jurisdiction.
BY APPLYING FOR THE KENOTRONIX AFFILIATE PROGRAM AND CLICKING ON THE ACCEPTANCE BUTTON, YOU SIGNIFICANT THAT YOUR AGREEMENT IS CURRENTLY BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAVE SIGNED THIS AGREEMENT.