PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WEBEEH.COM BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Webeeh.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Webeeh.com website. Please note that throughout this Agreement, "we," "us," "our", and "Webeeh" refer to Webeeh.com, and "you," "your," and "yours" refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the Webeeh.com client area. We'll evaluate your application and update you with the decision. We may reject your application at our sole discretion. We may cancel your application if we determine that your website is unsuitable for our Program, including if it:
2.1.1. Promotes violence
2.1.2. Promotes sexually explicit materials
2.1.3. Promotes illegal activities
2.1.4. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "Webeeh" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Webeeh.com or any other affiliated business.
2.2. As a member of Webeeh.com's Affiliate Program, you will have access to the Affiliate Area. Here you will be able to review our Program’s details and helping marketing material. You must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with to properly track the progress.
2.3. Webeeh.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your website will be your responsibility.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website.
3. Webeeh Rights and Obligations
3.1. Webeeh is responsible for processing the order, cancellations, returns and other related customer service for Webeeh products and services. However, Webeeh will not be responsible for lost sales due to technical difficulties preventing Webeeh from registering a domain name or providing any other product or service to the visitor.
3.2. Webeeh is also responsible for tracking and validating affiliate sales and commissions and providing this information to the affiliate area in order to facilitate payments.
3.3. Webeeh will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way.
3.4. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Webeeh.com Affiliate Program.
3.5. Webeeh.com reserves the right to terminate this Agreement and your participation in the Webeeh.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Webeeh.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Webeeh.com shall not be liable to you for any commissions for such fraudulent sales.
3.6. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Changes and Modifications to the Agreement.
Webeeh, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Webeeh website (this "Site"). You acknowledge and agree that (i) Webeeh may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the "Last Revised" date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, Webeeh may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current in the Affiliate Area. Webeeh assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
6. Commissionable Sales
Affiliate acknowledges and agrees that Webeeh will only pay for new purchases by new customers within the 1st year of their registration. Affiliate will only receive the commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 12 months of first visiting the Webeeh site. All Webeeh Paid Packages will be eligible for a commission whereas Add-Ons and domains purchases are not eligible for commissions.
7. Restrictions on Eligible Commissions
You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the new purchase only made by a certain person. Webeeh employees (and their immediate family members) are not allowed to participate in the Webeeh Affiliate Program.
8. Commission Payments
* We will pay you the commission in effect on the date of each sale according to your affiliate level and Commission rate.
* Commission will only be paid on any new sale completed by New Customers within ONE year of registration.
* Commissions will be paid only on “valid” orders, which are orders that are not reversed, charged back, unauthorized, fraudulent or from an existing customer.
* Commissions will be paid thirty (30) days from the end of the month in which the purchase occurred. Example: a valid purchase made on November 14th will be paid 30 days from the end of November or December 30th.
* Commissions will be paid out according to the payment options and minimum requirements set by the billing system.
* You acknowledge and agree that, in the case of coupons/sales/discounts/ cashback/loyalty sites, you may be offered a lower commission than the standard rate.
* You acknowledge and agree that, as an independent contractor, you are responsible for any taxes owed due to commissions paid to you and that you will provide any/all necessary taxable information if requested. You also acknowledge and agree that failure to comply with this requirement will result in a forfeiture of your commissions.
You acknowledge and agree that no commission is payable if Your Site:
* Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons;
* Sends traffic to Webeeh.com, or any other Webeeh websites, that is generated by unauthorized traffic channels, e.g. click exchanges, banner exchanges, paid search advertising, etc; and
* Replaces DNS errors caused by mistyping the domain name Webeeh.com with a page showing the appropriate Webeeh banner or affiliate link to our website.
Webeeh will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to precisely follow this Agreement and its guidelines, at all times. Webeeh is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
9. Access to Affiliate Account Area
Once your affiliate program participation application approved, you can access Affiliate Account areaface from the Webeeh account area.
10. Promotion Restrictions
10.1. You are free to promote your own websites, but naturally, any promotion that mentions Webeeh.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Webeeh.com. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Webeeh.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Webeeh.com so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Webeeh.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Webeeh.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
10.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Webeeh.com, Webeeh, www.webeeh, www.Webeeh.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Webeeh’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
10.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Webeeh’s service).
10.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Webeeh’s site (i.e., no page from our site or any Webeeh.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Webeeh site in IFrames, hidden links and automatic pop ups that open Webeeh.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
11. Grant of Licenses
11.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Webeeh.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Webeeh.com and the goodwill associated therewith will inure to the sole benefit of Webeeh.com.
11.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
WEBEEH.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WEBEEH.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WEBEEH.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
13. Representations and Warranties
You represent and warrant that: 13.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 13.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 13.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
14 Limitations of Liability
Webeeh shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its system or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WEBEEH.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Webeeh.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
17.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Webeeh.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 17.2. You attest that you are of legal age to enter into this Agreement. 17.3. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 17.4. Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Pakistan and the Province of Punjab. 17.5. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 17.6. This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. 17.7. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 17.8. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.