Affiliate Agreement Terms & Conditions of Affiliate Program You can benefit from a partnership with Net Highway!
This agreement describes the entire terms and conditions for participation in Net Highway Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Net Highway. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to Net Highway and the terms "sale" or "sales" refers to Internet Access. You can add or remove links at any time: You may add as many links to Net Highway, or remove such links, at anytime and without prior approval from Net Highway. Referral Fee Qualifying Sales: Internet access sold by Net Highway originating from a special link or links at your sponsoring website or from other means that causes your promotional code to be used during the sign-up process qualify to earn you referral fees. The following sales will be considered "qualifying sales": Sales that meet the following criteria:         Internet access sold to customers who follow a special link from your sponsoring website to our website or use sign-up software using your assigned promotional code.          Internet access sold to customers using our toll-free customer support center using your assigned promotional code. The following sales will not be considered qualifying sales for referral fees:          Internet access sold through any other special link to our site other than the specific URL's assigned to your sponsoring website or any sign-ups where your promotional code was not used during the sign-up process. Referral Fee Amount: The Referral Fee paid for each internet access sign-up shall be $2.00/month for as long as the customer continues to their active internet access account. Participant may choose to charge a one-time set-up fee and if you choose to maintain a set-up fee (up to $20.00) earn 100% of whatever set-up fee you choose to charge. Referral Fee Payment: Net Highway will hold referral fees until the accumulative balance reaches a minimum of $30 or Participant terminates agreement, at which time Net Highway will send a Referral Fee check for the applicable Referral Fees approximately 30 days after the 1st of each calendar month for the preceding month. A statement of customer activity of the Participant can be seen at anytime by visiting http://staff.NetHwy.com/register and logging on using the promotional code and password assigned to you. Referral Fees: Cancellations: If a Referral Fee qualifying sale is cancelled by the customer, the Referral Fee for that month and thereafter will not be paid. There are no prorated Referral Fees. All of the rules, operating procedures and policies of Net Highway regarding customer sign-ups will apply to sales we receive through special links on your sponsoring website or any other form where your promotional code has been used. Net Highway reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: Net Highway will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website or sign-up through other means using your promotional code. The Participant will be solely responsible for ensuring that these special links are formatted properly and promotional codes used properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in real-time by visiting http://staff.NetHwy.com/register at anytime and logging on using the promotional code and password assigned to you. Promotional Techniques: You are free to promote Net Highway internet access from your website, banners, text links, letters of recommendation to newsletters subscribers or your client base, in email to “opt-in” lists or as part of signature in normal e-mail correspondence, in print ads, articles, newsletters, flyers and any way you desire with two exceptions:        No SPAM: Basically, SPAM is the practice of sending mass email to individuals with which you do not currently have a relationship and who have not agreed to receive the message.        No Adult, Violence or Hate Material: We do not want our name and/or service associated with material that promotes pornography, violence or hate of any type at any time – ever. If Net Highway receives complaints or learns that you are in violation of these two rules, your status with us and this agreement will be terminated immediately as well as all future referral fees. References/Testimonials: You agree to cooperate with Net Highway in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, products descriptions and articles obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Net Highway will not be responsible if you use another party's copyrighted material in violation of the law. Net Highway policy applies to all orders: Every customer who signs up through this program is deemed to be a customer of Net Highway. The Participant does not have the authority to make or accept any offer on behalf of Net Highway. All Net Highway policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Net Highway is not responsible for any representations made by the Participant which contradict our policies. Product prices: The price charged for every product sold under this program will be determined by Net Highway according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Net Highway sign-up webpage linked from your sponsoring website. Website service interruption: Net Highway will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Net Highway liable for any of the consequences of such interruptions. Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services. Term of the Agreement: The Participant may receive referral fee payments on qualifying sales that are placed during the term of this agreement. This term will begin on the date that your application is approved by Net Highway and shall end when canceled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable under the terms, conditions and rules of this Agreement. Payment of the final referral fees to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: Net Highway reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Cancellation of this agreement: Either Net Highway or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Dispute Resolution: The parties to this Agreement shall first try to come to a settlement of any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof. If the parties fail to settle any such matter, such matter shall be finally settled in accordance with the Commercial Rules of Arbitration of the American Arbitration Association in effect at the time, and judgment upon the award rendered may be entered in any court of competent jurisdiction. Arbitration proceedings shall be conducted in Minneapolis, MN. The non-prevailing party shall be responsible for the expense of arbitration. The parties agree not to institute any litigation or proceedings against either other in connection with this Agreement. Stuff only lawyers can understand (but it's part of the agreement): Warranty Disclaimer: Net Highway makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in The Net Highway's then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Limitation of Damages: Net Highway shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Net Highway has been advised of the possibility of such damages. Further, Net Highway's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Net Highway to Participant under this agreement. Miscellaneous: Participant and Net Highway are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Net Highway. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles. By submitting an application for Affiliate Status with Net Highway, you accept and are bound by the terms, conditions and rules of this program. Affiliate  |  Application  |  Operating Agreement  |  Graphics