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Amtech Affiliate Program Terms and Conditions
This agreement describes the terms and conditions for participation in the
Amtech Affiliate Program. The terms "Affiliate," "you," and "your" are referring
to you, the applicant. "We" and "our" refer to Amtech. We are independent
parties and this agreement will not form any partnership.
AGREEMENT DURATION
This Agreement will begin upon our acceptance of your affiliate application and
will end when terminated by either party. We reserve the right to terminate this
Agreement at any time, with or without cause, with or without notice to
Affiliate. If your account does not generate a sale for 3 consecutive months,
your program will automatically be terminated.
MODIFICATION
By posting a Change Notice or a new agreement on this site, we may modify any of
the terms and conditions within this Agreement at any time and at our sole
discretion. These modifications may include, but are not limited to: changes in
the scope of available referral/commission fees, fee schedules, payment
procedures and Program rules. If any of the modifications are UNACCEPTABLE TO
YOU, your only recourse is to terminate this Agreement. If you CONTINUE
PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new
agreement, it will be considered as your acceptance of the change.
IDENTITY AND DISCLOSURE
You must provide true and complete information to us at all times; including but
not limited to, your identity, contact information, payment instructions,
nationality, residency, location and nature of your marketing activities, and
any other information that we may request from time to time.
COMMISSION FEES
You will receive either $100 for DIRECTV or $110 for WildBlue Commercial of
revenue as a commission from any order placed through your Affiliate Referrals
or through your assigned phone numbers that results in the activation of a new
DIRECTV or WildBlue Commercial account. You will be able to choose which offer
at which commission rate you prefer to run. You may also run both promotions at
the same time if you wish. All programs will be tracked and broken out by
commission rate based upon the refer ids and phone numbers you have been
assigned. For a sale to generate a commission to an Affiliate, the customer must
complete the order and have their satellite system installed and activated with
service. Commissions may be charged back if customer does not remain active for
30 consecutive days. Affiliate commissions will only be paid on activations
which are made through qualified Affiliates. Amtech's employees, their friends,
or relatives are not eligible to be qualified Affiliates. No commissions will
be paid for fraudulent sales or sale suspected of fraud.
Referral fees can only be earned between the acceptance of the Affiliate
application and notice of termination. All commissions on confirmed activations
will be paid weekly. If the sale is activated during a specific week of
the month, Thursday through Wednesday timeframe, the payment will be issued no
later than the Wednesday of the following week. Any returned checks, chargebacks,
or fees from a returned order will be adjusted in the following fee payment. If
no fee payment is due a billing invoice for the amount will be issued. If we
have to stop payment on a check, there will be a $20 fee.
ORDERS PROCESSING
Amtech will be responsible for processing every order placed by a customer the
Affiliate refers through the online order process, outbound web lead form, and
through our call centers. Customers who purchase products and services through
Amtech's Affiliate Program will be deemed to be customers of Amtech. Prices and
availability of our products and services may vary from time to time. Amtech’s
policies will always determine the price paid by the customer. We reserve the
right to reject any order that does not comply with our rules, operating
procedures and policies.
ACCEPTABLE MARKETING TACTICS
Acceptable methods of marketing include banner ads, newsletters, word of mouth
and confirmed opt-in email marketing. Affiliates are not allowed to use outbound
telemarketing or search engine marketing in the process of generating new leads.
You may only market and promote Amtech using approved creative supplied to you
through the Amtech. Promotion of the brand DIRECTV or WildBlue, or placing
orders directly with or on behalf of DIRECTV or WildBlue is strictly prohibited.
WEB SITE RESTRICTIONS
Amtech reserves the right not to accept any site into the Amtech Affiliate
Program based on site content. Sites that do not qualify for the Amtech
Affiliate Program include sites that are:
- X- rated and promote
sexually explicit materials
- Promoting violence
and discord
- Promoting
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age
- Promoting illegal or
questionable activities
- Violating
intellectual property rights
- Promoting competitors
- Disapproved or banned
by either DIRECTV, WildBlue or another authorized dealer to promote the
DIRECTV, WildBlue brand with an affiliate relationship.
SPYWARE AND OTHER PARASITES
The use of Spyware/Adware and other Parasitic Software as defined by Amtech or
any of its partnered sites is considered malicious and unethical means for
marketing and is strictly prohibited. Amtech reserves the right to investigate
the activities of an affiliate and to determine whether an affiliate is in
violation of the Affiliate Agreement. Violation of this policy will result in
immediate termination of the relationship between the affiliate and Amtech with
no refund or payment of commissions.
SPAM (UCE)
Unsolicited Commercial E-mail – Amtech in no way participates in mass
unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere
to this policy as well. Violation of this policy will result in the termination
of this contract and immediate dismissal from the Amtech Affiliate Program, with
no refund.
COPYRIGHTS
The use of the images displayed on Amtech’s Affiliate 's website by you, or
anyone else authorized by you, is prohibited unless specifically authorized by
Amtech. Any unauthorized use of the images or programming code may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. We reserve the right to terminate the
use of content provided by Amtech to the Affiliate Sites at any time, especially
if you are terminated, with or without cause. Amtech will own all right, title
and interest in and to all information that is created or collected in the
operation of the Amtech site.
DISCLAIMER
We make no express or implied warranties or representations with respect to the
Affiliate Program or your potential to earn income from the Amtech Affiliate
Program. In addition, we make no representation that the operation of our site
or the Affiliate Sites will be uninterrupted or error-free, and we will not be
liable for the consequences of any interruptions or down time. Without limiting
the foregoing, Amtech’s aggregate liability arising with respect to this
Agreement will not exceed the total fees paid or payable to Affiliate under this
agreement.
This Agreement will be governed under Virginia law in Chesterfield County,
Virginia, 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 Richmond, Virginia, and you irrevocably consent to the jurisdiction
of such courts unless Amtech, Inc., elects to use binding arbitration, at its
sole determination, as an alternative to formal legal process. 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.
By submitting this Affiliate Agreement form, you acknowledge that you have read
this agreement and agree to all its terms and conditions. You have independently
evaluated this program and are not relying on any representation, guarantee, or
statement other than as set forth in this agreement.
NO COMMISSION will be earned on orders placed for the personal use of the
Affiliate, his or her immediate family, or others whose relationship is judged
by Amtech to constitute self-referral. If “Friends and Family” Affiliates are
not customers of Amtech then the first sale will automatically be denied as it
is judged to constitute self-referral. “Run as a Business” Affiliates must have
two approved sales before receiving their first commission check. If “Run as a
Business” Affiliates do not have a second approved sale within 30 days of the
first sale, the first sale will be charged back as it will be judged to
constitute self-referral.
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