www.aimmobileinspections.com

Affiliate Program Agreement

This Affiliate Program Agreement contains the terms and conditions that apply to your participation in the Aimmobileinspections.com Affiliate Program. By signing up for an Affiliate Account, you agree to be legally bound by this Agreement. Violation of this Agreement may result in termination of your account, and possible forfeiture of your affiliate revenue.

You must be 18 years of age or older to become an Affiliate and enter into this Agreement with us.

1. Enrollment in the Program

To begin the enrollment process, submit a complete Affiliate Program application on our web site at www.aimmobileinspections.com.  We reserve the right (in our sole and absolute discretion) to accept or reject your enrollment application.

2. Acceptable Advertising Methods

As an Affiliate, you earn revenue by generating sales of our inspection services. You generate these sales by encouraging web users to visit our web sites. You may advertise our inspection services via:

-Text links or endorsements on your web sites;
-Graphical banners and buttons on your web sites;
-Text links or endorsements in emails that comply with applicable law.

If you have any questions about whether a method of advertising is allowed, please contact Aimmobileinspections.com. Jeff Huang at 562.495.8856/ jhuang@aiminspections.com.

If your Affiliate application is accepted, we will provide you with the format of links and other requirements to receive credit for referrals of customers through your advertising activities.

3.  Limited License

Upon acceptance into the Affiliate Program, we grant you a limited, revocable, non-exclusive, royalty free license use the names, trademarks and service marks listed below (the “Licensed Marks”):

You may use the Licensed Marks only to refer prospective customers to our web site and only in accordance with the latest trademark usage guidelines we provide to you from time to time.  Without limiting the foregoing, you shall not edit, modify or alter the Licensed Marks in any way, or combine the Licensed Marks with any other words, designs or marks.

You agree that the nature and quality of all advertising utilizing the Licensed Marks shall at all times confirm to standards set by us from time to time, be subject to our inspection and approval, and comply with all applicable laws. You may not use the Licensed Marks in any manner that implies sponsorship or endorsement of your site or your products by us or to disparage us or our product or services.

This limited license does not transfer ownership or any rights to you.  You will not seek to register the Licensed Marks or any marks confusingly similar to the Licensed Marks.  All use of the Licensed Marks inures to our benefit.

4. Order Processing

We will process inspection orders placed by customers who respond through advertisements placed by you. 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 the sales you solicit and made by customers who purchase inspection services 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.

5. Commission Fees

For an inspection sale to be eligible to earn a referral fee, the customer must click-through a properly formatted Affiliate Link to our site, and purchase our product within 60 days of first click-through (“Qualified Orders”).  For each paid inspection order coming from the affiliate partner, Aimmobileinspections.com will pay $15.00. (15 dollars).

Commissions for Qualified Orders will be paid within 30 days after your request if the sum of commissions for qualified orders exceeds the minimum transfer amount of $100.00. Orders that occur during a calendar month are cleared for payment of commissions after the 25th day of the next month.  Bank transfer expenses will be deducted from the commissions to be paid. If an Affiliate Account has not earned commissions for 6 months, we have right to terminate the Affiliate membership and any unpaid commissions will be forfeited.

Aimmobileinspections.com reserves the right to change commission rates without notice, but you will always be paid based on the rate in effect on the day the sales lead was generated.  All amounts stated in this Agreement are in U.S. currency.

6. Non-Qualified Orders

Orders refunded at the request of the purchaser, or orders charged-back due to declined credit card, debit card or check, do not qualify for commission and will be deducted from any Affiliate revenue otherwise owing to you.

7. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site and any emails, the Licensed Marks, all links to our site and any other promotional materials that we provided to you as to an Affiliate. You are eligible to earn commission fees only for Qualified Orders that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

8. 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 change notice or a new agreement on our site. Modifications may include, but not limited to, changes to the commission fees payable, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AND CEASE PARTICIPATION IN THE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

9. Relationship of Parties

You and we are independent contractors to each other, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations, or incur any obligations or liabilities, on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts anything in this Section.

10.  Representations and Warranties of Applicant

You represent, warrant, and agree, throughout the term of this Agreement, that: (a) if you are an entity rather than an individual, you are duly organized, validly existing and in good standing and duly qualified and licensed to do business and to carry out your obligations under this Agreement, and that the execution, delivery and performance of this Agreement does not violate any existing agreement to which you are a party or by which you are bound; (b) you, your business and your activities under this Agreement will not violate (1) any applicable foreign, federal, state and/or local laws or regulations, including, but not limited to, any laws or regulations relating to unsolicited electronic advertisements or messages (i.e., "spam"), (2) any internet service provider (ISP) agreement or any policies and procedures of any such ISP, and (3) any domain name registration agreement with any domain name registrar or any policies and procedures of any such registrar; (c) you are solely responsible for the operation and maintenance of any website that you may operate, for all content on your web site, and for all costs and expenses related thereto; (d) except with respect to the Licensed Marks: (1) you are the owner of and have and shall have all right, title and interest in and to your website and to any advertisements, messages or content used in connection with the website and (2) all advertisements, messages or content does not and will not infringe or misappropriate any patent, trademark, copyright, trade secret or other proprietary right of any third party; (g) any software or advertisements, messages or content used in the performance of your business (including, but not limited to, the performance of any of its activities related to this Agreement) does not and will not infringe or misappropriate any patent, trademark, copyright, trade secret or other proprietary right of any third party; and (h) your website and any advertisements, messages or content used by you in the performance of your business does not and will not contain any content that is in any way unlawful, libelous, defamatory, harmful, obscene, sexually explicit, harassing, or promote discrimination based on race, nationality, religion, gender, age, disability or sexual orientation.

11.  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 Program, 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 commission fees paid or payable to you under this Agreement.

12.  Entire Agreement

This Agreement contains the entire agreement between you and Alliance Inspection Management with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written communications, proposals, negotiations, representations, understandings, courses of dealing, agreements, contracts, and the like between the parties. This Agreement may not be modified or amended except by us in accordance with Section 8.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13.  Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold in connection with the Affiliate Program (including, without limitation, warranties of fitness, merchantability, title or 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 website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

© 2010 Alliance Inspection Management