Livetraker Affiliate Agreement

Thank you for your interest in the Livetraker Affiliate Program.

We are very excited to have you on board, but first it’s important that we outline the details of the Livetraker Affiliate Agreement.

The purpose of this Agreement is not to bog you down with rules but to make sure that both you the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don’t have to email you later on to tell you to stop doing something because you didn’t realize it wasn’t allowed. That wastes our time but it also wastes your time.

The purpose of this Agreement is to set out how the Livetraker Affiliate Program works, what Livetraker’s roles and responsibilities are and what they are not, how you the Affiliate will be paid commission by Paypal through the Livetraker Affiliate Network, and what your roles and responsibilities as an Affiliate are.

This Agreement has been designed to protect both Livetraker and Affiliates of Livetraker. Please read carefully and if you have any questions, please email us at [email protected]

Main Points

  • Affiliates must not send unsolicited emails and must comply with CAN-SPAM.
  • Affiliates must not bid on terms or names that are our trademarked terms or names outlined in this Agreement including Livetraker, Affilo rama, and any misspellings or variations of our terms or names.
  • Affiliates must not publish or link to Livetraker from adult, gambling or offensive websites.
  • Affiliates must abide by Livetraker.com’s terms of use, available at http://www.Livetraker.com/terms.html
  • Affiliates must not register and/or use domains with the wording ‘Livetraker’ or any similar term contained within such domains.
  • Affiliates must not disparage or misrepresent Livetraker in anyway, in particular using words like “scam” or “rip-off”.
  • Affiliates must not bid on or otherwise attempt to acquire any rights in any Livetraker copyrights, service-marks or trademarks.
  • Affiliates must not promote Livetraker on any sites with inappropriate content.
  • Affiliate must accept the terms of this Agreement by clicking “I ACCEPT” at the end of this agreement before creating an account that enables Affiliate to participate in the Affiliate Program.
  • Affiliate is deemed to have accepted the terms of this Agreement by creating an account that enables Affiliate to participate in the Affiliate Program.

Terms and Conditions

Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

Livetraker has a zero tolerance policy towards spam and any Affiliate associated with spam.

If Livetraker establishes, at Livetraker’s absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Livetraker may immediately terminate Affiliate’s Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Livetraker is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.

Affiliate agrees to receive email or other electronic communications from Livetraker including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Livetraker provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.

Livetraker accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate’s email address is not blocked or impaired in any way, including by Affiliate ensuring ‘white-listing’ of Affiliate’s email address.

If Affiliate unsubscribes from receiving emails from Livetraker, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Livetraker.

Introduction

affiliate program: This Livetraker Affiliate Program Agreement (this “Agreement”) is between you (an “Affiliate”) and Livetraker Limited (“Livetraker”). Affiliate’s participation in the Affiliate Program is conditional on Affiliate’s acceptance of the terms and conditions contained in this Agreement. Affiliate is deemed to have accepted this Agreement by indicating Affiliate’s acceptance of this Agreement by checking the ‘I ACCEPT’ checkbox at the end of this Agreement or by creating an account that enables Affiliate to participate in the Affiliate Program.

Who can be an Affiliate?

All Affiliate must be at least 18 years old or older.

What does an Affiliate do?:

n Affiliate is a webmaster or internet marketer who takes on the role of promoting Livetraker and the Livetraker website.

How does the Affiliate Program work?:

to participate in the Affiliate Program, Affiliate must create an Affiliate Link. An “Affiliate Link” is defined as web URL or hyperlink which contains, either within the link or via any redirect or link-cloaking software, the Affiliate’s Livetraker ID with the intention of tracking referred traffic to Livetraker. When an Affiliate directs or sends a prospective buyer to the Livetraker website via a correctly formatted Affiliate Link and that visitor then purchases a product from Livetraker, the Affiliate will receive a commission from Livetraker on the sale of that product (the “Commission”).

Terms of Service

Affiliate and Livetraker must both abide by the Livetraker Terms of Use (“TOU”) as are published by Livetraker from time to time at https://www.Livetraker.com/

Commission: Commissions are paid to Affiliate by Livetraker via the Livetraker Affiliate Network. All payments and transactions are handled by Livetraker.

Calculation of Commission: Commissions paid in relation to the Livetraker Affiliate Network are based on product prices and the commissions’ structure as outlined on the Livetraker website from time to time. Livetraker reserves the right to change the product prices and commissions’ structure at its absolute discretion without prior notice to Affiliate. Affiliate will only receive a Commission for a sale tracked through Affiliate’s Affiliate Link by Livetraker. Affiliate has no right to a Commission if a sale of a good or service occurs as a result of a customer arriving at or returning to the Livetraker website through an Affiliate Link that is not associated with Affiliate. Livetraker has no responsibility and no ability to redistribute a Commission to a different affiliate, including to Affiliate, after a sale has occurred.

Payment of Commission: Commissions are payable to Affiliate by Livetraker in accordance with Livetraker’s TOU as may be varied by Livetraker from time to time, which may provide for payment by cheque on the 1st and the 16th of every month. Livetraker has no control, authority, or responsibility with respect to Commissions or in relation to any changes made by Livetraker to Livetraker’s TOU, including Livetraker’s payment or transaction procedures for Commissions.

Disputes: Any dispute in relation to the Livetraker Affiliate Network will be handled by Livetraker. Livetraker has and takes no responsibility for the acts or omissions of any Affiliate or any claim, action, or disputes brought by or against any Affiliate or any person in relation to the Livetraker website or any Livetraker product
Livetraker Responsibilities

General: Livetraker is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of fees.

Privacy: Livetraker respects the privacy of customers and each customer’s personal information. Therefore, in order to protect customer privacy, Livetraker reserves the right to withhold any information regarding a customer including, without limitation, that customers’ contact details from Affiliate regardless of whether that customer arrived at Livetraker via Affiliate’s Affiliate Link or not.

Affiliate Responsibilities

Provision of correct contact information: Affiliate is responsible for providing Livetraker with Affiliate’s correct contact information at the time that Affiliate registers for the Affiliate Program and Affiliate must keep Affiliate’s contact information up-to-date. Failure by Affiliate to provide Livetraker with correct contact information could result in the suspension of Affiliate’s Affiliate Program account as Livetraker may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate’s participation in the Affiliate Program. If Affiliate becomes aware that Livetraker has been provided incorrect contact information of Affiliate or if Affiliate’s contact information becomes out-of-date, Affiliate must immediately contact Livetraker and provide Livetraker with correct contact information.

Username and password: Affiliate’s login credentials (being Affiliate’s username and password) are personal to Affiliate. Affiliate must always maintain the confidentiality of Affiliate’s username and password and not disclose them to any third party. Affiliate agrees that Affiliate is solely responsible for any use of the Livetraker by any person using Affiliate’s username and password and Affiliate agrees to indemnify Livetraker against any claims arising out of Affiliate’s failure to maintain the confidentiality of Affiliate’s username or password. Affiliate agrees to not impersonate any person or entity or falsely state or otherwise misrepresent Affiliate’s affiliation with a person or entity. Livetraker will not be liable for any loss that Affiliate may incur as a result of someone else using Affiliate’s password or account (whether with or without Affiliate’s knowledge). Affiliate agrees to notify Livetraker immediately of any unauthorised use of Affiliate’s account or any other breach of security.

Affiliate Link
Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Livetraker is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.

 

Livetraker Intellectual Property and Brand

Ownership of intellectual property: Livetraker reserves all rights in or to its trademarks, servicemarks, copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Livetraker or to Livetraker’s licensors (“Livetraker Intellectual Property”). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any Livetraker Intellectual Property except as expressly provided in this Agreement or with the prior written consent of Livetraker.

Modification and display of Livetraker Intellectual Property: Affiliate is not permitted to make any changes to any items of Livetraker Intellectual Property including, without limitation, the Livetraker logo, and any Livetraker images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent Livetraker, the Affiliate Program, or the Livetraker website.

Use of Livetraker Intellectual Property: Affiliate may use the particular Livetraker logos and images that Livetraker grants Affiliate access to within the “Affiliate Resource” section of the Livetraker website for purposes related to Affiliate’s participation in the Affiliate Program only.

Brand name: Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any ‘Livetraker brand name keywords’ with respect to Internet search engines or register or use domains that include the wording “Livetraker” or any similar wording. Livetraker brand name keywords or similar wording includes “Livetraker” and any misspelling or variation of “Livetraker”

Access to Livetraker data: Affiliate is not entitled to have access to Livetraker data that is not publicly available for review or other purposes. Access to Livetraker data may be granted to Affiliate by Livetraker at Livetraker’s absolute discretion.

Guarantees, Liability and Disclaimers

Warranties: While Livetraker endeavours to ensure that the content of the Livetraker website is free from errors, Livetraker does not give any warranty or other assurance as to the content of material appearing on the Livetraker website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, Livetraker provides the Livetraker website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

No guarantee regarding income: Livetraker makes no guarantee of any kind regarding the potential income that can be generated through Affiliate’s participation in the Affiliate Program.

Limitation of Liability: To the extent legally permitted, in no event shall Livetraker or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents be liable as a result of Affiliate’s use of the Livetraker website or participation in the Livetraker Affiliate Network for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation, loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, howsoever arising, including without limitation, though an action in contract, tort (including negligence) or otherwise, even if Livetraker or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents have been advised of the possibility of such damages.

Consumer Guarantees Act: If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 or any comparable consumer protection legislation shall not apply to those services.

Availability: Affiliate’s use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, Livetraker and Livetraker’s service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Livetraker will not be liable to Affiliate should the Livetraker website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

Malicious code: Although Livetraker endeavours to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to the Livetraker website, Livetraker does not guarantee or warrant that the Livetraker website, or any data available from it, does not contain malicious code. Livetraker will not be liable for any damages or harm attributable to malicious code. Affiliate is responsible for ensuring that the process that Affiliate employs for accessing this website does not expose Affiliate’s computer system to the risk of interference or damage from malicious code.

Security: Although Livetraker endeavour to protect the security of Affiliate’s contact information Affiliate acknowledges that there is a risk of unauthorised access to (or alteration of) Affiliate’s transmissions or data or of the information contained on Affiliate’s computer system or on the Livetraker website. Livetraker does not accept responsibility or liability of any nature for any losses that Affiliate may sustain as a result of such unauthorised access or alteration. All information transmitted to Affiliate or from Affiliate is transmitted at Affiliate’s risk, and Affiliate assumes all responsibility and risks arising in relation to Affiliate’s use of this website and the internet. Livetraker does not accept responsibility for any interference or damage to Affiliate’s own computer system which may arise in connection with Affiliate’s accessing of this website or any outbound hyperlink.
Indemnification

Affiliate’s use of the Livetraker website and its content is voluntary. Affiliate shall indemnify Livetraker and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate’s use of the Livetraker website and content or Affiliate’s failure to maintain the confidentiality or security of Affiliates password or access rights.

Term and Termination

Term: This Agreement is effective immediately upon Affiliate’s acceptance of this Agreement and shall continue until terminated as described below

Termination without notice: Livetraker and Affiliate both reserve the right to terminate this Agreement at any time without notice. In the event of termination of this AgreementĀ  all outstanding Commissions due to Affiliate will be payable to the extent such Commissions may be due to Affiliate under Livetraker’s TOU.

Termination for breach: In the event of termination of this Agreement by Livetraker due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.