The following is the terms and conditions of the AbleCommerce Affiliate Partner Program. 'Partner' refers to you (the affiliate) and 'AbleCommerce' refers to Able Solutions Corporation, DBA AbleCommerce, a Washington State Corporation. This agreement and the terms and conditions of the AbleCommerce Affiliate Partner Program may be changed or revised from time to time.
AbleCommerce will pay Partner (you) a 15% commission for each initial qualifying AbleCommerce Shopping Cart software sale that is identified as a visitor that was referred by Partner's web site using their unique 'Referral Link'. Commission is paid on the qualifying product(s) sales total. Qualifying products currently applies ONLY to AbleCommerce server and store licenses. Existing AbleCommerce customers, Support time, Upgrades, professional services offerings, most 3rd party software, and subsequent sales to the same customer do NOT qualify.
AbleCommerce from time to time in support of it's software partners will issue coupons to be included with the sale of the partner products. Customers that use a referring partners coupon at purchase do NOT qualify for Partner Commission and it shall be deemed that the coupon referring partner is the 'primary referring affiliate'. Other AbleCommerce promotions and discounts are simply subtracted from the amount of 'total sale' and Partner is paid commission on the discounted order total.
Commission will be paid by company check in U.S. dollars 15 to 30 days after the prior sales period (calendar month). AbleCommerce shall attempt to expedite payment if Partner is owned $500 or more in commissions. AbleCommerce reserves the right to amend or change the payment schedule from time to time with notice to be posted on web site or emailed to Partner. Payments for commission due of less than $50, may at AbleCommerce discretion be held until commissions accumulate to $50 or 120 days which ever is first. Commissions will be paid for referred sales so long as Partner maintains the 'Referral Link' on their web site and this contract in not terminated by either party. If canceled by either party outstanding commissions to the date of cancelation will be paid in the next monthly payment or within a reasonable period of time to allow for correct calculation of commission amount. Reasonable in most cases shall be less than 60 days.
AbleCommerce shall attempt to pay the first referring Partner in the event that visitor has been referred to AbleCommerce by multiple Partners.
If a sale is canceled or refunded, the commissions paid will be subtracted from the next month(s) payments.
AbleCommerce Affiliate Partner applications are subject to approval at the sole discretion of AbleCommerce.
Per U.S. Law, U.S. Residents are required to sign and mail us a form W-9 for the Internal Revenue Service BEFORE we can send you any payments.
Please print Form W-9 (.pdf).
Send completed and signed copy to:AbleCommerce.com
Upon application and web site approval Partner will be sent a Referral Link which will allow AbleCommerce to uniquely identify visitors referred from Approved Partner web site. Visitors are tracked using cookies for as long as the cookie is allowed to reside on the referred visitors computer and uniquely identifies the visitor as referred by Partner. The Referral Link may be added or removed from Partner web site at anytime. Referral Link may NOT be placed on web sites that have not been approved by AbleCommerce and NEVER SHALL BE POSTED IN A PUBLIC FORUMS OR PUBLIC MEDIUM OUTSIDE OF THE PARTNERS APPROVED WEB SITE(S).
The Referral Link can be used to link banners, images or to create a text link referring to AbleCommerce. AbleCommerce reserves all rights in and to it's trademarks and sales marks, but AbleCommerce grants Partner a non-transferrable right to use AbleCommerce's trademarks and sales marks in accordance with this agreement. AbleCommerce's trademarks and sales marks may never be used in a disparaging, distasteful or otherwise unprofessional manner or to misrepresent its brand. AbleCommerce has the sole right to specify how and IF a trademark may be used by it's Partners.
Partner must take all caution to never misrepresent, over-state, provide misleading and/or inaccurate information. Partners must take all caution to advertise AbleCommerce in a way that is positive to the AbleCommerce brand.
Partner AGREES NEVER TO SEND UNSOLICITED OR SPAM mail via Email or newsgroup or any other public forum to advertise or promote AbleCommerce products or Partners web site(s). Any violation of this policy is grounds for immediate termination of this agreement, with any pending commissions canceled. FURTHERMORE, as spam and unsolicited email is VERY DAMAGING to an online brand, Partner shall be subject to legal action should Partners actions result in brand damage to AbleCommerce.
Referral Link will not necessarily function if used on a non-approved web site (www.approveddomain.com) and use of Referral Link on non-approved web sites is grounds for IMMEDIATE termination of this agreement. When technology allows AbleCommerce may remove the requirement for the Referral Link and simply watch for visitors referred by Partners approved web site domain.
It is very important to AbleCommerce that Partners in the Affiliate Partner Program represent the decade old AbleCommerce brand in a respectful and responsible manner and AbleCommerce reserves the right to terminate this agreement with Partner if at any time it is deemed necessary to protect the AbleCommerce Brand or business.
Web sites which do NOT qualify for the Affiliate program:
Web sites which promote or display adult content, Web sites which promote software piracy, Web sites which violate or promote the violation of the Laws of the United States of America, Web sites which promote violence or discrimination based on race, sex, religion, national origin, and/or physical disabilities will not be approved or accepted into the Affiliate Program. Web sites which only act as 'gateway' pages without unique content or value, this 'search engine fodder' is a growing problem in the major indexes and AbleCommerce will not add to the problem directly or indirectly. Partner agrees by signing up for the AbleCommerce Affiliate Program that the web site(s) do not engage in or promote these activities and that the web site is uniquely the Partners content and material.
This agreement shall remain in affect until canceled by either party or should Partner violate this agreement or the spirit of this agreement at the sold discretion of AbleCommerce. Commissions up to the date of cancelation will be paid ONLY if Partner has not violated this agreement and shall be held for a reasonable period of time to allow for correct calculation of commission amount. Reasonable in most cases shall be less than 60 days.
AbleCommerce makes all reasonable efforts to track visitors referred by Partner using the Referral Link. However AbleCommerce is not responsible for technical issues, network difficulties, Acts of God, Acts of third parties or any other event which may temporarily make the Affiliate Program unavailable or affect the service in any way.
Partner is an Independent Contractor for AbleCommerce. Partner and AbleCommerce shall operate their own business, under their own initiative, responsibility and cost. Neither party to this agreement shall have a right or authority to incur obligations on behalf of the other. Partner in regards to this agreement shall be not be interpreted as a Legal business partnership, but rather the 'Partner' is an independent contractor for AbleCommerce.
AbleCommerce does not provide the name, address or any other personal information about any customers referred by Partner. Date of Sale, products purchased and price will be available to Partner.
No warranties are expressed or implied by AbleCommerce, outside the terms of this agreement.
AbleCommerce is not responsible and shall not be held responsible for any direct, indirect, incidental special or consequential damages or any loss of revenue or profit in respect the this agreement and the AbleCommerce Affiliate Program. AbleCommerce's aggregate liability shall in no event be greater than the total paid and un-paid commissions due Partner. Affiliate tracking shall not be considered 100% accurate or guaranteed due to the many conditions outside of AbleCommerce's control.
AbleCommerce at it's sole discretion holds the right to cancel a Partner account, for any reason it is deemed necessary. Should agreement be cancelled and there has not been a violation of this agreement by Partner AbleCommerce shall pay Partner any outstanding commissions due.
This agreement shall be governed under the laws of the State of Washington and the United States of America.