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Affiliate Program Operating Agreement

 

Affiliate Program Operating Agreement

This Agreement, made and entered by and between MyPlane, Inc. ("MyPlane", "MyPilotStore", or "we"), an Arizona Corporation, with its principal place of business at 7432 E Tierra Buena Ln Suite 105, Scottsdale, AZ  85260, and you, the affiliate ("you" or "Affiliate"), contains the complete terms and conditions that apply to your participation in the MyPilotStore.com Affiliate Program (the "Affiliate Program" or "Program")

Enrollment in the Program

You will submit a complete Affiliate Program application from our site. After we carefully review your application, we will notify you of your acceptance or rejection to the Program. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of MyPilotStore. If your site is accepted, MyPilotStore may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program.

Promotion of Our Affiliate Program

Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

Order Processing

We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.

Referral Fees

We will pay you referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the Product using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us. We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart after the customer has reentered our site (other than through a Special Link from you), as determined by us, even if the customer previously followed a link from your site to our site, or for Products that are purchased through any device (an "Internet Access Appliance") that provides Internet access but does not present our site, or permit users to access and interact with our site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDAs that may access only limited or modified versions of our site). In addition, on chart subscriptions or other re-occurring sales, you will receive 5% of the initial sale only.  

You will earn referral fees based on Qualifying Revenues according to referral fee schedules to be established by us. "Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt. Referral fees are limited to a maximum of $20 per item, regardless of the Qualifying Revenues derived from the sale of any such item. 

You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products." 


Referral Fee Schedule:

  • $0.05 per click that you refer from your site for qualifying sites. 
  • Five percent (5%) of Qualifying Revenue.  

Referral Fee Payment

We will pay you referral fees on a quarterly basis. Approximately thirty (30) days following the end of each calendar quarter, we will send you a check for the referral fees earned on sales of Qualifying Products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the referral fees and bonus payable to you for any calendar quarter are less than $50, we will hold payment until the total amount due is at least $50 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next quarterly payment if a Product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee. 

Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of MyPlane, Inc.. Accordingly, all MyPlane, Inc. rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you may not include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 

In order to ensure high quality traffic, your Per Click Commissions will be limited to a maximum of 50% of the total sales commissions generated in any given period.  For example, if you generated $100 in sales commissions in a given period and $200 in Per Click Commissions, your Per Click Commissions would be limited to $50.00 (50% of $100) giving you a a total payment of $150.00.

Responsibility for Your Site:

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: 

  • Remove all links regarding sweepstakes and other promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
  • Place MyPilotStore Links on your site.
  • Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
  • Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
  • Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
  • Make sure that your site does not copy or resemble the look and feel of MyPilotStore or create the impression that your site is our site or a part of our site.

Confidentiality

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

Limitation of Liability

We 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 Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

Limited License

We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing membership in MyPilotStore. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the MyPilotStore Affiliate Program. We may revoke your license anytime by giving you written notice.

Disclaimers

We make no express or implied warranties or representations with respect to the MyPilotStore Web site or the MyPilotStore Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of course of performance, dealing, or trade usage). 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.

Termination

The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all MyPilotStore.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

Modifications

We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

Anti-Spam Policy

Affiliates will be removed from the MyPilotStore Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated!

Independent Contractors

You and MyPilotStore 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 our behalf.

Representations and Warranties

You hereby represent and warrant to us as follows:
  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.
  2. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

Independent Investigation

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 MyPilotStore Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Fraud

If you commit fraud or falsify information in connection with the registration of members in MyPilotStore through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to MyPilotStore for any and all damages that MyPilotStore suffers as a result of such actions. You will also be responsible for returning to MyPilotStore all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

Assignment

This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of MyPilotStore.

Reservation of Rights

MyPilotStore may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. MyPilotStore also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.

Governing Law

This Agreement will be governed by the laws of the United States and the State of Arizona, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Arizona, Arizona, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

 



 

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Saturday, December 16, 2017