By signing up to be an affiliate in the UpWrite Press Affiliate Program (“Program”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
UpWrite Press reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.upwritepress.com/legal/affiliate_terms.
Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics that UpWrite Press provides with your Affiliate Code on your site, in your e-mails, or in other communications. UpWrite Press will provide you with guidelines, link styles, and graphical artwork to use in linking to UpWrite Press ("Product Site"). UpWrite Press may change the design of the artwork at any time without notice but won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, UpWrite Press will provide you with special link formats to be used in all links between your site and the Product Site. You must ensure that each of the links between your site and the Product Site properly utilizes such special link formats. Links to the Product Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sign-ups on the UpWrite Press product site occurring directly through Special Links; UpWrite Press will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links must point to the home page of the UpWrite Press online store. Deep links, or links to other pages inside the product site will not earn credit.
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, e-mail, or other communication to the Product Site and purchase the product during that session. The session ends once someone closes the Web browser, navigates away from the Product Site, or otherwise leaves the Product Site without purchasing a product. If the person leaves the site, comes back later on without using a Special Link, and then purchases a product, you will not earn a commission.
UpWrite Press will pay commissions only on links that are automatically tracked and reported by its systems. UpWrite Press will not pay commissions if someone claims to have made a purchase that was not tracked by UpWrite Press’s system. UpWrite Press can pay commissions only on business generated through properly formatted Special Links or properly typed Affiliate Codes that are automatically tracked by its systems.
UpWrite Press reserves the right to disqualify commissions earned through fraudulent, illegal, overly aggressive, or questionable sales or marketing methods.
Whenever your commissions account crosses the $50 threshold, UpWrite Press will send you a commissions check that quarter (within 90 days). Amounts below $50 will roll over into the next quarter. If your affiliate account never crosses the $50 threshold, your commissions will not be realized or paid. UpWrite Press is responsible for paying out only amounts that cross the $50 threshold.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between yourself and UpWrite Press, say you develop UpWrite Press products, say you are part of UpWrite Press, or express or imply any relationship or affiliation between yourself or any other person or entity and UpWrite Press except as expressly permitted by this Agreement (including by expressing or implying that UpWrite Press supports, sponsors, endorses, or contributes money to any charity or other cause).
You may not use your affiliate link to purchase products or services for your own use. Such purchases may result (in the sole discretion of UpWrite Press) in the withholding of referral fees and/or the termination of this Agreement.
Customers who buy products through this Program will be deemed to be UpWrite Press customers. Accordingly, all of UpWrite Press’s rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. UpWrite Press may change its policies and operating procedures at any time. For example, UpWrite Press will determine the prices to be charged for products sold under this Program in accordance with its own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. UpWrite Press will use commercially reasonable efforts to present accurate information but cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for
As a condition to your participation in the Program, you agree that while you are a Program participant, 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 Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable laws (federal, state, or otherwise) that govern marketing e-mail, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
The term of this Agreement will begin upon UpWrite Press’s acceptance of your Program application and will end when terminated by either party. Either you or UpWrite Press 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 UpWrite Press Web store, and all of UpWrite Press’s trademarks, trade dress, and logos, and all other materials provided by or on behalf of UpWrite Press to you pursuant hereto or in connection with the Program. UpWrite Press reserves the right to end the Program at any time. Upon program termination, UpWrite Press will pay any outstanding earnings accrued as long as they have crossed the $50 threshold mentioned previously.
UpWrite Press, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other UpWrite Press service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. UpWrite Press reserves the right to refuse service to anyone for any reason at any time.
You and UpWrite Press 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 UpWrite Press. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
UpWrite Press will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if UpWrite Press has been advised of the possibility of such damages. Further, UpWrite Press’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
UpWrite Press makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, UpWrite Press makes no representation that the operation of the Product Site will be uninterrupted or error-free, and UpWrite Press will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT UPWRITE PRESS MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with UpWrite Press or any of its affiliates shall be submitted to confidential arbitration in Wisconsin USA, except that, to the extent you have in any manner violated or threatened to violate UpWrite Press’s intellectual property rights, UpWrite Press may seek injunctive or other appropriate relief in any state or federal court (and you consent to nonexclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of Wisconsin USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of UpWrite Press. 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. UpWrite Press’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of UpWrite Press’s right to subsequently enforce such provision or any other provision of this Agreement.
The failure of UpWrite Press to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and UpWrite Press and governs your use of the Program, superseding any prior agreements between you and UpWrite Press (including, but not limited to, any prior versions of the Terms of Service).