Terms of use
This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation
in Amoils' Affiliates Program. As used in this Agreement,
"we" means Amoils., "you" means
the applicant, and "services" means affiliate
sales made by you, the application.
Enrolling as an affiliate
To begin the enrollment process, you will submit an
application via our site.We may reject your application
if we determine (at our sole discretion) that your
site is unsuitable for the Affiliate Program.
Linking to our site
After you have enrolled as an afflilate, you can provide
one or more links and banners from your site to our
site. We will provide you with special link formats
designed for tracking and reporting for all links
between your site and our site. You will be solely
responsible for properly utilising the link formats.
We do not accept any responsibility for the incorrect
use of the special links / link formats and therefore
we shall not be accountable for any loss of fees as
a result of your errors.
Commission
Subject to the terms and conditions of this Agreement,
you will be paid commission for each customer referred
from your site through the Amoils link on your site
who successfully purchases products on the Amoils
server site using a credit card.
If it is later found that the customer's purchase
was refunded, we retain the right to withhold any
payments to you resulting from that individual's purchases.
The Affiliate Program relies on cookies to track customers.
If for whatever reason, the customer isn't using cookies,
or the cookie expires or the customer deletes the
cookie, they cannot be tracked and you will not earn
commission for any sales that customer may make. Our
cookies are set to expire after one year.
If at any time the commissions owed to you become
less than the total deductions due to refunds as mentioned
above the difference shall be immediately payable
to Amoils.
Commission may not be paid to an affiliate if the
details we hold for that affiliate are not accurate.
It is the affiliate's responsibility to make sure
that Amoils is notified of any change in their details
such as email or postal address. We also reserve the
right to cancel commission payments if we believe
that there has been any fraudulent attempts to use
the service.
Commission Schedule
You will earn an affiliate referral fee of twenty
five (25%) on any products sold originating from an
official affiliate link to us on your website. which
is payable to you at the end of each month provided
that the commission owed is more than $10USD
Policies and operating procedures
Customers purchasing products from Amoils.com through
this scheme will be deemed to be customers of Amoils.com.
Accordingly, all Amoils, policies, and operating procedures
concerning the services will apply to those customers.
We may change our policies and operating procedures
at any time.
Limited License
We grant you a non-exclusive, non-transferable, non-sublicensable,
revocable right to use our logos and text for which
we grant express permission, solely for the purpose
of identifying your site as a scheme participant.
You agree that you will not engage, participate or
otherwise become involved in any activity or course
of action that diminishes and/or tarnishes the image
and or reputation of Amoils. We may revoke your license.
Your Responsibility
You will be solely responsible for the development,
operation, and maintenance of your site and for all
materials that appear on your site.
You will indemnify, defend and hold us harmless from
all claims, damages, and expenses (including, without
limitation, legal fees) relating to the development,
operation, maintenance, and contents of your site
as well as any goods or services provided or made
available by you. These obligations will survive any
termination of this Agreement. You acknowledge and
agree that your Web site information (name, URL, traffic
counts, etc.) may be utilized by Amoils. Possible
uses include (but are not limited to) lists of the
busiest sites, lists of member sites, etc. The information
provided by Amoils to you may be proprietary in nature.
You acknowledge that you are not a competitor of Amoils,
and agree not to share this information with any of
our competitors. Any violation of these terms and
conditions may cause us to terminate this agreement.
Term
The term of this Agreement will begin upon our acceptance
of your application and will end when terminated by
either party. Either you or Amoils may terminate this
Agreement at any time, with or without cause, by giving
the other party written or emailed notice of termination.
You are only eligible to earn referral fees on products
sold occurring during the term of this Agreement only.
Your site is subject to periodic review. If we determine
at any point after acceptance into our scheme that
your site is not suitable for the scheme, we may unilaterally
end the status of your site as an Affiliate.
Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion,
by posting a new agreement on our site. Your continued
participation now, or within thirty (30) days following
the posting notice of any changes in these terms and
conditions, will constitute a binding acceptance by
you of such rules, changes or modifications. Your
continued participation in the scheme following our
modifications will constitute a binding acceptance
of the change.
Limitation of Liability
We will not be liable for indirect, special or consequential
damages (or loss of revenue, profits or data) arising
in connection with this agreement or the affiliate
scheme, 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
scheme will not exceed the total Affiliate Referral
Fees paid or payable to you under this agreement.
Disclaimers
We make no express or implied warranties or representations
with respect to the scheme or any products sold through
the scheme including, without limitation, warranties
of fitness, merchantability, non infringement, or
any implied warranties arising out of a 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.
Independent Investigation
You acknowledge that you have read this agreement,
have had an opportunity to consult with your own legal
advisors if you so desired, and agree to all the terms
and conditions set forth herein. You agree that, in
interpreting this agreement, no weight shall be placed
upon the fact that this agreement has been drafted
by us, and you shall not assert that this agreement
is unenforceable or invalid on the grounds that it
is a contract of adhesion, that it is unconscionable
or any similar theory. 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
scheme and are not relying on any representation,
guarantee or statement other than as set forth in
this agreement.
Miscellaneous
This Agreement will be governed by the US law, without
reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the
courts of the United States, 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 provision or
any other provision of this Agreement.
Affiliate Program 