Amerco Affiliate Agreement
This Amerco
Affiliate Agreement (the "Agreement") sets forth the terms and
conditions regarding the Amerco Affiliate Program (the "Program") of
Amerco Intenational Limited. ("Amerco").
This Agreement
is entered into between Amerco and the affiliate (the "Affiliate").
By clicking on
Accept or Agree to the Terms, where this option is made available to you by
Amerco in the user interface you (if you are acting on behalf of yourself as an
individual) or your company (if you are acting on behalf of your company)
agree(s) to be bound by the terms and conditions of this agreement. Please read
the entire agreement carefully before accepting its terms.
Definitions
a) "Affiliate" means an individual or business
generating their own traffic and thus rewarded for legitimate sales, leads,
clicks, or other measurable action. Affiliates may use the Amerco web site and products to
gain tracking, reporting, and receipt of commission payments.
b) "Visitor" means any person, or user that
clicks on a link to a Amerco Web site link placed on an Affiliate's Web site.
c) "Sale commission" means the Payout the Ameco
sets and agrees to pay for Visitors referred to the Amerco Web site that
results in a sale of a product. The sale could occur at the time of the visit
or at a later time not to exceed 60 days. If a sale occurs after 60 days and
the Visitor has not returned through an authorized Affiliate's site, then no
Payout shall occur.
d) "Payout" means the amount of sale commission
an Amerco agrees to pay for an individual measurable action. The Payout is
defined as a percentage per every successful sale.
e) "Link" means a hyperlink placed on an
Affiliate's web site that, when clicked on, sends a Visitor through to an Amerco
website. Links take many forms including text, a product image, buttons,
banners, videos or any other format acceptable by the Amerco company.
f) "VOID" means a reversal of a Payout
previously earned for a sale that is later rescinded or corrected by the Amerco.
Amerco may VOID transactions that are fraudulent, or in the case of returned
merchandise, duplicate transactions, or other valid reasons.
g) "Intellectual Property Rights" means all
rights in and to trade secrets, patents, copyrights, trademarks, know-how, as
well as moral rights and similar rights of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to all
applications and registrations relating to any of the foregoing.
Registration
a) To
sign up as an Affiliate of Amerco and to use the Progam as an Affiliate Partner
you must be at least 18 (eighteen) years of age.
b) THE
FOLLOWING TYPES OF WEB SITES ARE NOT ALLOWED TO PARTICIPATE IN THE PROGRAM: ADULT
SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY,
OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to
WAREZ, PORNOGRAPHIC, CRACKING, and HACKING SITES.
c) To
begin the enrollment process, an Affiliate candidate will submit and complete an Affiliate
Program application via the contact menu on the Amerco Web site. Amerco will
evaluate the Affiliate's application and notify you of your acceptance or rejection
of your application. Amerco may reject your application and reserves the right
to terminate this Agreement for any reason with or without notice to Affiliate
including but not limited to a determination that the Affiliate Site is
unsuitable for or incompatible with the Program.
d) As
part of the registration process, you will select a username (you have to
select an e-mail as a username) and password combination that you use to access
your Affiliate personal account within the Program. You shall provide Amerco
with accurate, complete and updated registration information. You may not
select the name of another person with the intent to impersonate that person or
deceive members or other users as to your true identity. You agree that Amerco
may rely on any data, notice, instruction or request furnished to Amerco by you
which is reasonably believed by Amerco to be genuine and to have been sent or
presented by a person reasonably believed by Amerco to be authorized to act on your
behalf. You shall notify Amerco of any known or suspected unauthorized uses of your
account, or any known or suspected breach of security, including loss, theft or
unauthorized disclosure of your username and password. You shall be responsible
for maintaining the confidentiality of your username and password and you are
responsible for all usage and activity on your account, including use of the
account by a third party authorized by you to use your account. Any fraudulent,
abusive or otherwise illegal activity may be grounds for termination by Amerco
and referral to the appropriate law enforcement agencies.
e) You
represent to Amerco that all content of information you provide does not infringe upon any
other individual's or organization's rights (including, without limitation, intellectual
property rights) and is not defamatory, libelous, unlawful or otherwise
objectionable. You shall not provide, promote, distribute, place or otherwise
publish as an Affiliate of the Program any content, or web site that includes
content, which is libelous, defamatory, obscene, pornographic, abusive and
fraudulent or violates any law. As Amerco may not review all information
provided by you, you shall remain solely responsible for your content and Web
site. As an Affiliate, you may not artificially inflate traffic counts to Amerco
site(s) using any device, program, robot or other means, including but not
limited to JavaScript pop-up windows, I-Frames and redirects.
f) Affiliate
will be solely responsible for the development, operation and maintenance of
their Affiliate Site and for all materials that appear on Affiliate Site, including
but not limited to the accuracy and appropriateness of materials posted on
Affiliate Site; and ensuring that materials posted on Affiliate Site do not
violate or infringe upon the rights of any third party.
g) Affiliate
hereby agrees to indemnify, defend and hold harmless Amerco, its shareholders,
officers, directors, employees, agents, partners, successors and assigns, from
and against any and all claims, losses, liabilities, damages or expenses
(including, without limitation, attorneys' fees) arising from the development,
operation, maintenance and contents of Affiliate Site
Order Processing
a) Amerco
will process orders placed by users who follow the Links from Affiliate's Site
to Amerco's Web Site. Amerco reserves the right to reject or withhold
acceptance or fulfillment of orders for any reason or for no reason, including
but not limited to the failure of any customer making an order to comply with
our terms of use of sale, (which we may revise periodically without notice to
you).
b) Amerco will be responsible for all aspects of
order processing and fulfillment. The amount of sales generated using the
Affiliated Links from Affiliate Site to Amerco Site will be tracked by Amerco
(the "Tracking Data"). Affiliate will have access to personal
Affiliate area, where Affiliate can check the Affiliate Site's sales activity
on a daily basis. To permit accurate tracking and reporting, Affiliate must
ensure that the Links between Affiliate Site and Amerco Site are properly
formatted and are maintained.
Link Placement
a) As
an Affiliate of the Product, you may place and remove Aimiya links on your web
site in acceptable locations. You can place our merchant banners anywhere on
your site as you see fit, or within non-spam emails.
b) Adult,
Hate, or other related sites are not allowed.
c) Any
page that contains Amerco/Aimiya links, banners, or code must be written in English.
d) You
cannot SPAM. Spam is defined as any unsolicited email whether commercial or
non-commercial in nature. Spam includes, but is not limited to email spam, fax
spam and search engine spam. All Affiliates are expected to adhere to Amerco's
no spam policy. If you run a newsletter, e-zone, or other kind of bulk email
service, you must have evidence that people signed up to receive email from
you. Any and all spam complaints will be investigated thoroughly. Any Affiliate
that engages spam or in promoting prohibited products or services in connection
with their site in any way shall have their Affiliate account terminated and
may lose any or all Affiliate commissions due to them. The site owner also
shall be held liable for any and all damages and/or losses that may result as a
consequence.
e) All
other uses of banners or links, such as newsgroups, chatrooms, ICQ, message
boards, banner networks, hit farms, counters, or guestbooks etc. are NOT
allowed.
f) Any
placement of marketing in a "Desktop" advertising scheme. This
includes any and all 3rd party advertising platforms that use a desktop
application to display ads in any form are NOT allowed.
g) Any
display of a merchant (popup) window that isn't the result of a direct click by the
end-user is NOT allowed.
h) Affiliate
will not use or display the Link(s) or the Amerco’s trade marks, logos and
trade names in a manner that is defamatory, misleading, libelous, and obscene
or otherwise potentially damaging to the reputation of Amerco, or the goodwill
associated with the this intangible assets which belongs to Amerco.
Affiliate Fee
a) You
will receive 60% Commission for sending an Amerco authorized sales via your links.
Commissions are calculated automatically at the end of each day. You can review
money balance anytime using your online interface.
b) All
customers who come via your affiliate link will receive cookies on their
computers which we trace within 60 days. Your earned commissions never expire.
Payments
a) Amerco
will pay Affiliate the Commissions earned which payments will be calculated on
a monthly basis. Approximately thirty (30) days following the end of each
calendar month during the agreement, Amerco will make Wire Transfer (Bank
Transfer) or Paypal transfer (selected by mutual agreements between parties)
for the Commissions you earned in such month, less any other fees or reduction
for returns that Amerco is required by law to withhold, and excluding
fraudulent, redundant, or non-qualifying Commissions.
b) If
the Commissions payable to Affiliate for any calendar month are less than $100.00,
Amerco will hold those fees until the total amount due is at least $100.00
(unless this Agreement is terminated). Affiliate may be taxed on the accrual of
Commissions, depending on the tax laws of Affiliate's federal, state, and local
jurisdictions.
c) First
payment of Affiliate Commission will be made within 15 days upon
achievement of the $100.00 threshold; any subsequent payment will be executed in
accordance with procedure described in clause a) of Payments section (see
above).
d) Affiliate
shall be responsible for any and all tax liability arising out of your accrual
or receipt of Commissions and Affiliate hereby agrees to indemnify and hold
Amerco harmless from any and all claims, damages and expenses (including,
without limitation, attorneys' fees) arising from such tax liability.
e) Money
credited to your account does not accrue interest.
Ownership rights and licenses
a) Amerco
hereby grants to Affiliate a limited, nonexclusive, royalty-free,
nontransferable, worldwide license, without the right to sublicense, to use,
reproduce, publicly perform, distribute and display the Amerco trade marks,
trade names and other intangible assets, which belongs to Amerco at the
Affiliate Site solely in the form delivered by Amerco. Affiliate is only
entitled to use the provided content to the extent that the Affiliate is a
member in good standing in the Program.
b) Amerco
reserves all rights other than those expressly granted in this Agreement, and
no licenses are granted except as expressly set forth herein. Amerco retains
all right, title, and interest in and to the Amerco trade marks, trade names
and other intangible assets, which belongs to Amerco and the Amerco Site,
together with all Intellectual Property Rights thereto. In addition, Amerco
shall establish all Amerco Product pricing and associated fees. Amerco may, in
its sole discretion, change the Amerco Product pricing with or without notice.
c) Amerco
will own all right, title and interest in and to all information that is
created or collected in the operation of the Amerco Site including, without
limitation any contact information collected from any Affiliate Originated
Visitors, (the "Contact Information"); and any information collected
about product sales at the Amerco Site generated through the Affiliate Link(s),
(the "Sales Information"). Amerco (will/can) not share contact
information to Affiliates and/or other third parties. Amerco will make certain
Sales Information available online to Affiliate from time to time. Affiliate
will not disclose any Sales Information to any third party without Amerco's
prior approval. Subject to the terms and conditions of this Agreement, Amerco
grants to Affiliate a worldwide, non-exclusive, royalty-free license to use
Sales Information solely in the manner and subject to the restrictions set
forth in this Section. Each party shall comply with its respective privacy
policies and statements in handling, using and disclosing any Contact
Information and Sales Information.
Service and support
Amerco will
provide support for the Product as indicated on the Amerco’s Web site www.aim4y.com
Termination
a) This
Agreement will become effective on the Effective Date and ends when terminated
by either party in accordance with this Agreement.
b) This
Agreement may be terminated by Amerco, with or without cause, and with or
without notice to Affiliate, and by Affiliate, with or without cause, by
removing the Amerco trade marks, trade names and other intangible assets, which
belongs to Amerco from the Affiliate Site, and notifying Amerco of its
intention to terminate the Agreement.
c) Upon
termination or expiration of the Agreement all licenses granted herein shall
terminate and Affiliate shall immediately remove any Affiliate Link(s) and
Amerco trade marks, trade names and other intangible assets, which belongs to
Amerco from Affiliate Site.
d) Amerco
will pay Affiliate any accrued and unpaid Fees, provided such fees exceed $25.
If Amerco should terminate this Agreement because Affiliate is in breach of a
material term, Amerco may withhold Commissions payable to you in an amount
equal to the amount by which Amerco believes in good faith that we have been
damaged by such breach, including prospective damages and damages resulting
from claims by third-parties caused by such breach.
Changes to the services
a) Amerco
reserves the right to change, modify, add or remove portions of this Agreement
at any time and may add to, change, suspend or discontinue any aspect of the
Program at any time.
b) In the event of any material change, Amerco
will notify you via e-mail, newsletter or the Amerco Web site at least 5 days
prior to any such changes taking effect, at which time you may either agree to
such changes or withdraw from the Program.
Disclaimer of Warranties
THE AMERCO
SITE AND RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY, AND
AMERCO EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE
AMERCO SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AMERCO MAKES NO
REPRESENTATION OR WARRANTY THAT THE LINKS, THE TRACKING DATA, THE OPERATION OF
AMERCO'S SITE, OR BE FREE'S PROCEDURES AND SYSTEMS FOR TRACKING AND REPORTING
SALES GENERATED BY YOUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND AMERCO
SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA. AMERCO SHALL HAVE NO LIABILITIES
OR OBLIGATIONS UNDER WARRANTY OR OTHERWISE TO ANY OF YOUR CUSTOMERS FOR DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF
AMERCO'S PRODUCTS.
Limitation of liability
UNDER NO
CIRCUMSTANCES WILL AMERCO BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING
BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK
STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM
OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR THE PROGRAM. WITHOUT LIMITING
THE FOREGOING, AMERCO'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO AFFILIATE UNDER
THIS AGREEMENT.
Non disclosure
a) Amerco
acknowledges that in the course of this Agreement it shall have access to
confidential and proprietary information ("Confidential Information")
of your company. Amerco agrees not to disclose or disseminate the Confidential
Information without your prior express written consent. The term
"Confidential Information" shall not include information that is or
becomes part of the public domain through no action or omission of Amerco, that
becomes available to Amerco from third parties without knowledge by
shareasale.com of any breach of fiduciary duty, or that Amerco had in its
possession prior to the date of this Agreement. Amerco does not collect
information about a Amerco’s customer transactions, other than what is passed
to us through the installed tracking code and displayed on your own transaction
reports. Any information we receive is used solely for tracking and Commission
payment purposes.
b) Amerco
reserves the right to be able to utilize this data in aggregate to analyze
Service trends, monitor Service efficiencies, and perform such other analysis
as Amerco deems appropriate.
Relationship of the parties
Affiliate and
Amerco are independent contractors, and nothing in this Agreement will create
any partnership, joint venture, agency, franchise, sales representative, or
employment relationship, or the relationship of principal and agent between the
parties. Affiliate will have no authority to make or accept any offers or
representations on Amerco's behalf. Affiliate will not make any statement,
whether on Affiliate Site or otherwise, that reasonably would contradict
anything in this Section. Affiliate, as an independent contractor, will have
sole responsibility for its expenses, employees, sales representatives and
agents.
Assignments
Affiliate or Amerco
may assign this Agreement to any successor or affiliate upon notice to the
other party and mutual agreement between both parties.
Force Majeure
Neither party
shall be liable hereunder by reason of any failure or delay in the performance
of its obligations hereunder on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, acts of God, war, governmental
action, labor conditions, earthquakes or any other cause which is beyond the
reasonable control of such party.
Governing Law
The Agreement
will be governed by California law as applied to agreements entered into and to
be performed entirely within California, without regard to its choice of law or
conflicts of law principles that would require application of law of a
different jurisdiction, and applicable federal law. The parties hereby consent
to the exclusive jurisdiction and venue in the state courts in Santa Clara
County, California or federal court for the Northern District of California. Headings
are included for convenience only, and shall not be considered in interpreting
these Terms. The Agreement does not limit any rights that Amerco may have under
trade secret, copyright, patent or other laws.
Miscellaneous
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE 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
AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Last revised 08/21/2009
