Please read these Terms of Service ("Terms", "Terms of Service") carefully before agreeing to the Affiliate Program operated by OnTrajectory, Inc. ("us", "we", or "our").
BY SUBMITTING 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 ALL TERMS AND CONDITIONS.
AFFILIATE PROGRAM REGISTRATIONTo register for the Affiliate Program, you agree that you are the legal owner (the "Recipient") of the listed domain, have the right to enter into an agreement for the listed domain and you are age 18 or older.
FINANCIAL RESPONSIBILITIESThe Recipient will be fully responsible for all costs and expenses of maintaining the Affiliate Program on the Recipient's website.
NO REPRESENTATIONS REGARDING INCOME POTENTIALOnTrajectory makes no representations and warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Recipient affiliate status.
COMPENSATIONa. Commissions will be paid to the Recipient based upon conversion to OnTrajectory's paid PowerPlan. The commission is $20 per conversion (regardless whether the subscription is on an annual or monthly basis). Payments attributable to credit card fraud or credits given to customers are NOT commissionable.
b. Commissions are paid on sales that are tracked through our online tracking system and indicate the Recipient’s web site’s link as the source. The Recipient has no right to commissions based upon subsequent sales or subscription renewals.
c. Commissions will be paid to the Recipient on a monthly basis on or about the 10th day of the subsequent month for amounts received by OnTrajectory during the previous month. OnTrajectory does not guarantee an exact date of calculation of commissions or payments. All payments will be made via PayPal to the address the Recipient supplies. OnTrajectory reserves the right to amend the minimum commission payment amount at any time.
TRADEMARKS AND COPYRIGHTSThe Recipient will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material located at OnTrajectory.com. The Recipient may use these images only for the purposes of promoting OnTrajectory's web site and products on the Recipient’s web site. The Recipient agrees not to take any action that is contrary to or inconsistent with OnTrajectory's rights to these materials.
TERMThe effectiveness of this Agreement shall not commence until this document is accepted by OnTrajectory. Either OnTrajectory or the Recipient may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination to questions@OnTrajectory.com.
MODIFICATIONSOnTrajectory reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the Recipient. Notice of any changes may be given via Email to the Recipient.
ONTRAJECTORY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEB SITE OR TO ACCESS ITS WEB SITE USING THE LINK FROM THE RECIPIENT’S WEB SITE. FURTHERMORE, ONTRAJECTORY SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEB SITE, THE AFFILIATE PROGRAM, THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM, THE RECIPIENT ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM.
ONTRAJECTORY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER ONTRAJECTORY WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
Without limiting the forgoing, OnTrajectory total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by OnTrajectory pursuant to the terms hereof.
CONFIDENTIALITYIn the event that any information is disclosed to the Recipient through the Recipient participation in the Affiliate Program related in any way to OnTrajectory company and business which OnTrajectory deem to be confidential and proprietary, the Recipient agrees to hold such information in the strictest of confidence.
INDEMNIFICATIONEach Party shall defend indemnify and hold harmless the other Party, including Affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all Claims of Third Parties, and all associated Losses, to the extent arising out of (a) a Party's gross negligence or willful misconduct in performing any of its obligations under this Agreement, or (b) a material breach by a Party of any of its representations, warranties, covenants or agreements under this Agreement.
RELATIONSHIP OF THE PARTIESThe parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties.
ASSIGNMENTThis Agreement is only for the benefit of the party that the Recipient list in the Affiliate Program Application. The Recipient shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ENTIRE AGREEMENTThis Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. If any provision or term of this Agreement is held to be invalid for any reason, it shall not effect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.