ZipServers.com - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	ZipServers, Inc. Affiliate Network Partner Service Agreement Introduction This Partner Service Agreement ("Agreement") is made by and agreed to between ZipServers, Inc., a Oklahoma Corporation, located at 2410 W. Memorial Road, Suite C-332, Oklahoma City, OK 73134 ("ZIPSERVERS") and Partner ("Partner"). As a hosting provider, ZIPSERVERS facilitates "Affiliate or Partner Marketing Programs" via their technology and Network on the Internet. An "Affiliate or Partner Marketing Program" ("Program") is where a partner, person, entity, Partner or its agent operating one or more "Web site(s)" (domain or portion of a domain within the Internet) and/or subscription e-mail list(s) ("Partner") may earn financial compensation ("Commissions") for "Transactions" ("Sale(s)" and/or "Leads") made from such Partner's Web site, e-mails or other form through a click made by a "Customer" (generally any person or entity that is not the Partner's agent) on an online connection ("Link") to a Web site or Web site content operated by another person or entity ("Merchant"). The Merchant compensates the Partner, in accordance with this Agreement and the Program specifications. 1. Participation in Programs. Accessing Merchant Programs. Partner may apply to Merchant Programs for the opportunity to earn Commissions by promoting Merchants in accordance with the Merchant's Program terms and complying with this Agreement. Once approved by the Merchant for acceptance into its Affiliate Program, Partner may utilize links to Merchant's Web site or offers in accordance with the Merchant's Program terms and this Agreement. Program Terms. The details of a Merchant's Program shall be available through ZipServers Affiliate Program. Transactions qualifying for a Commission are defined by the Merchant, the Agreement and ZIPSERVERS. 2. Partner Requirements with ZIPSERVERS. Valid Information. Partner agrees to provide ZIPSERVERS and Merchant with valid information about Partner and Partner's promotional methods, and to maintain up-to-date "Account" information (such as contact information, Web sites used, ownership, etc.). Link Standards. Partner represents and warrants that all promotional means utilized by Partner will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that Partner will not mislead others. The Pepperjam Transparency Department reviews partner information, conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by Partner through Partner's promotional methods. Any validated breach of these link standards is grounds for immediate termination of this Agreement or deactivation of Partner's Account. Promotional Method Restrictions. Partner agrees that they will not engage in spamming, unlawful mass emailing or any unapproved emailing or in any way fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any additional legislation), and/or any other rules, laws or regulations that govern email marketing and advertising Partner agrees that their promotional activities will not infringe on the Merchant's protected business rights, including but not limited to copyright and trademark rights. These restricted promotional methods include the agreement by Partner to refrain from trademark bidding and direct linking on search engines including but not limited to Google, Yahoo, MSN, when the Merchant program prohibits such activity. By "direct linking" this agreement refers to sending traffic directly from the search engine to the Merchant website without use of an intermediary landing page. This section is in no way exhaustive of restricted Partner promotional activities. ZIPSERVERS reserves the right at any time to further restrict what activities are considered valid and commissionable under this agreement. Personally Identifiable Information of Visitors. Partner represents and warrants that Partner will not enable the Tracking Code to collect personally identifiable information of Visitors that would allow ZIPSERVERS to personally identify Visitors. Privacy Policies. Partner must post a privacy policy on Partner's site and otherwise make it available to any and all users. 3. ZIPSERVERS Services. Tracking Commissions. ZIPSERVERS shall recognize actual Commissions that should be credited to Partner's Account. ZIPSERVERS may, at times, apply an estimated amount of Commissions, if there is a verified error in Merchant's tracking code. Reversals and Chargebacks. ZIPSERVERS may at times remove, commissions that were credited to a Partner's Account in an amount equal to a Commission previously credited to Partner's Account when returns, reversals, chargebacks, verified fraud or other such event occurs. Reversals also apply to coupons or special offers that are not eligible to receive the affiliate commission. Access to Tracking and Reporting Tools. ZIPSERVERS shall provide Partner with access to tracking and reporting tools, and to other various support services that will be updated from time to time on the network website. Support. Support for Partner's program is available at all times by contacting The Pepperjam Network and reaching the appropriate parties or support services. Payment of Commissions. Subject to other provisions in this Agreement, ZIPSERVERS shall credit Partner's Account with a Commission for each qualifying Transaction in accordance with the Merchant's Payout rate and Program terms for the relevant Transaction. On or around the 1st day of each calendar month, ZIPSERVERS will issue to Partner any positive balance in Partner's Account for Transactions reported for the previous relevant period. ZIPSERVERS shall have no obligation to make payment of any Commissions for which ZIPSERVERS has not received payment from the relevant Merchant of all monies due to ZIPSERVERS (including for all Commissions owed by such Merchant to all of such Merchant's Partners) until such payment has been received. 4. Proprietary Rights. Linking to Merchants. For each Merchant's Program that Partner has applied to and been accepted to, the Merchant is granting to Partner the right to Link to the Merchant's Web site or Web Offers in accordance with the Merchant's Program terms and the terms of this ZipServers Affiliate Network Agreement. ZIPSERVERS Use of Partner's Information. Partner authorizes ZIPSERVERS to utilize Partner's otherwise protected information subject to the provisions of Section 5 below related to confidentiality and ownership of Partner identification and marketing data. 5. Confidentiality and Ownership of Partner Data ZIPSERVERS agrees that through the Network, it collects sensitive data related to the identification and marketing practices of its Partners. ZIPSERVERS agrees to protect, to the full extent possible, all information related to the taxable identity of the Partner (i.e. social security number, EIN etc..). ZIPSERVERS recognizes and acknowledges that Partner possesses and utilizes sensitive, confidential marketing information that constitutes a valuable, special, and unique asset to their business. As used herein, the term "confidential marketing information" includes all information surrounding keywords, referring URLs and any and all specific marketing data that is not openly available to the public domain. ZIPSERVERS agrees to protect all of Partners confidential information with the utmost respect to its sensitivity and importance to the Partner. Under this agreement, ZIPSERVERS will take all possible and available steps to protect the defined confidential marketing information with regard to, but not limited to, ZipServers Affiliate Network advertisers, other Partners, and ZipServers employees. ZIPSERVERS recognizes that any breach of this duty to protect and preserve the Partner information may result in a legal liability against ZIPSERVERS by Partner. 6. Notices. Except as provided elsewhere herein, both parties must send all notices relating to this Agreement in writing via overnight mail or fax: (a) to ZIPSERVERS at ZipServers, Inc. Attn: Office of the General Counsel, 2410 W. Memorial Road, Suite C-332, Oklahoma City, OK 73134. 7. Term. This Agreement shall commence upon the date of Partner's acceptance, and shall be in effect through twelve (12) months following the date (known as the "Partner Acceptance Date"). Unless this Agreement is dissolved in writing by the Parties at least ten (10) days prior to its completion, this Agreement shall continue for successive twelve (12) month periods. 8. Termination. Either party may terminate this agreement at any time for any reason whatsoever. If Partner terminates the agreement they will be compensated for any and all outstanding commissions due at the time of agreement termination. 9. Limitation of Liabilities. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, OR USE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY DAMAGE, LOSS, OR EXPENSE THAT DIRECTLY OR INDIRECTLY ARISES FROM OR IN CONNECTION WITH THE INABILITY OF THE PARTIES' PRODUCTS TO WORK WITH EACH OTHER. IN NO EVENT WILL EITHER PARTY'S AGGREGATE OR CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER EXCEED ALL FEES PAID AND PAYABLE BY PEPPERJAM TO PARTNER, AND INTEREST PAID AND PAYABLE BY PARTNER TO PEPPERJAM, FOR THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. 10. Indemnification. Partner shall indemnify and hold ZIPSERVERS harmless against all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys' fees, costs related to in-house counsel time, court costs and witness fees) (collectively "Losses") attributable to or related to Merchant's breach of this Agreement and for claims of product liability ("Claims"). Should any Claim give rise to Partner's duty of indemnification under the provisions of this Agreement, then ZIPSERVERS shall promptly notify Partner, and Partner may participate in (at Partner's own expense), but not control, the defense of such Claim. Participation in the defense shall not waive or reduce Partner's obligations to indemnify or hold ZIPSERVERS harmless. 11. Severability/Waiver. If any provision of this Agreement is held to be illegal, invalid, or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. 12. Entire Agreement, Assignment and Amendment. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify this Agreement. Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement. Contact Information: ZipServers, Inc. 2410 W. Memorial Road Suite 332-C Oklahoma City, OK 73134 p (214) 206-1701
	I have read, understand and agree to the above terms and conditions.

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