BuyLiveTruckingSites.com Affiliate Program Agreement

This website is owned and operated by Web Shopping Systems, Inc.

This Affiliate Program Agreement (the “Agreement”) becomes effective when you register for our affiliate program. This agreement is formed between the parties listed below.

BETWEEN:	Web Shopping Systems, Inc. (“WSS”), a corporation organized and existing under the laws of the State of California, with its head office located at: 473 E. Carnegie Drive, Suite 200 San Bernardino, CA 92408–4201
AND:	You (the “Affiliate”)

 

1. AFFILIATE PROGRAM MEMBERSHIP

To apply to our Affiliate Program, you must complete an application. Use this link to apply to the BuyLiveTruckingSites.com – Affiliate Program.

2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION

WSS reserves the right to approve or reject ANY Affiliate Program Application or registration in its sole and absolute discretion. The Affiliate will have no legal recourse against WSS for the rejection of the affiliate application or registration.

3. REASONS FOR REJECTION

Without limiting the right to reject any application for any reason whatsoever in WSS’s absolute discretion, the affiliate will be rejected if the Affiliate’s website contains images or content that is not acceptable to WSS or is inconsistent with the image that WSS wishes to create in association with its website, or if the Affiliate’s website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Affiliate’s site contains any material that appears to WSS to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

4. TERMINATION AFTER ACCEPTANCE

Even after WSS has accepted the affiliate as an Affiliate Program member, WSS reserves the absolute right to rescind or terminate the Affiliate’s status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.

5. VISITOR TRACKING

Referrals are tracked via cookies and a unique affiliate URL that we provide to you. The cookie is valid for 30 days from the day a site visitor clicks on your affiliate link. When you refer someone to our website with your unique affiliate ID, a cookie is placed on the visitor’s computer containing your affiliate ID. If the visitor makes a purchase within 30 days of their first visit, you will receive a commission for that sale.

6. FINANCIAL RESPONSIBILITIES

The affiliate will be fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the affiliate’s website, costs of search engine placement and other Internet marketing, costs of inserting WSS’s links into its website, offline marketing costs, postage costs, and all other costs and expenses, and the affiliate hereby holds WSS harmless from or against the same.

7. NO REPRESENTATIONS REGARDING INCOME POTENTIAL

WSS makes no representations or warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential.

8. TAXES

If you are a U.S. citizen visit irs.gov for information on tax filing requirements. We collect your Tax ID number or social security number or VAT for income reporting purposes. If you are outside of the United States, you are responsible for reporting your earnings to the governing body of your country.

9. RESPONSIBILITY TO LINK TO WSS’S SITE

a. As an Affiliate, you will have the obligation to place links on your site directing users to BuyLiveTruckingSites.com. BuyLiveTruckingSites.com will make available to the affiliate button links, text links, and banner advertisements to be placed on the affiliate’s website which will direct users to BuyLiveTruckingSites.com. The affiliate is given a limited term license, while active in the affiliate program, to utilize BuyLiveTruckingSites.com’s logo images provided to the affiliate on the website that the affiliate designates in the Affiliate Program Registration.

b. BuyLiveTruckingSites.com makes available to its Affiliates, links, banners, and other information advertising its site to be used subject to the terms of this Agreement. These materials will contain its trademarks and other proprietary property. The affiliate may display these materials on the affiliate’s website for the purpose of promoting BuyLiveTruckingSites.com and participating in this Affiliate Program. If the affiliate discontinues the Affiliate Program or if the affiliate participation is terminated for any reason, the affiliate will immediately cease using these materials and will delete all such materials from its website and from its computer. The affiliate must obtain BuyLiveTruckingSites.com approval of all links to BuyLiveTruckingSites.com’s site that the affiliate places on its website. The affiliate will cooperate with WSS in the establishment and placement of links on the affiliate’s website.

c. The affiliate will only be permitted to use the links that WSS provided to the affiliate on the website that the affiliate designates in the Affiliate Program Registration. Any additional websites or entities will require additional submissions of Affiliate Program Applications and approval by WSS.

d. The affiliate will not modify the links or other materials that WSS provided to the affiliate or the placement of the links on the affiliate’s page. The affiliate consent to WSS monitoring the affiliate’s website to determine continued compliance with this Agreement.

e. The affiliate consents to WSS including information relative to traffic from the affiliate’s site in WSS reports. This information may be provided to outside parties.

10.   ANTI-SPAM POLICY

WSS strictly forbids the use of unsolicited commercial email (UCE) or SPAM campaigns. WSS maintains a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate or similar agent acting on the affiliate’s behalf. As such, WSS reserves the right to terminate any violating Affiliate account or any part thereof, without notice or compensation.

Affiliates must comply with all local, state, and federal laws regarding email marketing (CAN-SPAM ACT, effective January 1, 2004). If WSS notifies Affiliate of its receipt of any complaint regarding Affiliate’s email practices, or alleged violations of email practices, Affiliate must respond to WSS within forty-eight (48) hours of such notification and provide source information, including, but not limited to: (i) time, (ii) date, (iii), IP address, (iv) opt-in source, and (v) content of email message.

Any Recipient’s found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages to recipients that do not want the information or any other abuse contravening UCE legislation will be met as follows:

1. The affiliate’s account will be closed immediately, without burden of notice or compensation.
2. A US$500.00 administration fee will be incurred against the offending Recipient.
3. Our Privacy Policy becomes null, and all pertinent information will be provided to any investigating authorities or anti-Spam organizations.
4. The affiliate will be held accountable for any monetary damages suffered by WSS, sustained through contravention of this Affiliate Program Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.

11. FTC Compliance.

The Federal Trade Commission requires that affiliates disclose to their readers when they endorse a product and have a “material connection” to the seller of that product. These rules apply to any online review, article or endorsement that includes our affiliate link and encourages visitors to purchase our product. Disclosures are not required for links that are clearly advertisements (such as banner ads in your blog’s sidebar). By participating in our Affiliate Program, all Affiliates must agree to comply with the Federal Trade Commission’s 16 CFR § 255.5 (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftcpublishes-final-guides-governing-endorsements-
testimonials/091005revisedendorsementguides.pdf), and review and follow the suggestions outlined in their Revised Endorsement Guides FAQ
(http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhatpeople-are-asking). Every time you link to WSS in an article using your affiliate link, you must disclose the nature of your relationship with our company. Furthermore, such disclosures must be made clearly, frequently and conspicuously. Such disclosures ensure that readers can formulate an informed opinion about the information you provide by understanding the possible influence your material connection with our company might have on your endorsement of our products. Those Affiliates who do not comply with the FTC guidelines will be subject to account termination and commission reversal.

a. Appropriate Disclosure

Linking In Articles: When using our affiliate link in an article, you must display a clear disclosure about the nature of your affiliate links and the material connection you have with our company. These disclosures must appear on the same page where the links appear, and they must be clear, conspicuous, and require no additional user interaction to read (such as clicking a link, scrolling or hovering over an element). According to the FTC: “Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a terms of service agreement – isn’t good enough. The average person who visits your site must be able to notice your disclosure, read it and understand it.” All disclosures should appear in full, either before or in close proximity to the affiliate link itself. Example Article Disclosure: “Disclosure: Some of the links in this post are “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission.”

b. Linking On Social Networks

When using our affiliate links on social networks, you must also display a clear disclosure about the nature of the links and the material connection you have with our company. In the form of social media posts, these disclosures must be part of the post that contains the affiliate link. Example
Facebook/Google+ Disclosure: “Ad: Check out our review of BuyLiveTruckingSites.com, and why we think it’s the best web management company around.”

Example Twitter Disclosure: “Buy Live Trucking Sites has complete websites and web presence management! #ad”

12.   CUSTOMER SERVICE

a. WSS will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter BuyLiveTruckingSites.com site through the links from the affiliate’s site. Pricing of WSS products and services is totally within its discretion and WSS reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the affiliate or users accessing WSS’s site. WSS’s only responsibility to the affiliate in this regard is to track customer orders that occur through links from the affiliate’s website and make reports to the affiliate of the commissions due to the affiliate as a result thereof. All such reports shall be un-audited. WSS will have no obligation to provide the affiliate with any specific information relative to any customer, regardless of whether they access WSS’s site through the link from the affiliate’s site.

b. WSS is not responsible for the failure to assign any sale or commissions to the affiliate if the same results from the improper formatting of the link from the affiliate’s website. The affiliate should always assure that the link is appropriately formatted and report any problems that the affiliate may have with the same to WSS immediately.

13.   COMPENSATION

a. Commissions will be paid to the affiliate based upon a percentage of sales made to users who access WSS’s site through the affiliate’s site. Commissions will be calculated based upon the gross sales price, but not including any shipping and handling, sales tax, late charges, collection costs, imports/export duties, and any other payment made to WSS that is not the purchase price for the product/service that is purchased. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. WSS reserves the right to deduct in subsequent months for any commission that WSS paid that is for a product or service that is subsequently returned or refunded, found to be a fraudulent order, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.

b. Commissions will only be paid on sales that are tracked through WSS’s online tracking system and indicate the affiliate’s website’s link as the source. There is no right to commissions if a user later returns to WSS’s site and makes a purchase through another link or source other than through the affiliate’s website. The affiliate has no right to commissions based upon subsequent sales, even if the customer first arrived at WSS’s site through the link from the affiliate’s site. Subsequent sales are sales that happen after the customer’s initial purchase.

c. The affiliate that most recently referred a visitor will receive credit for that visitor’s initial purchases. Renewal purchases (such as web hosting renewal payments, WordPress hosting renewal payments, services renewal payments and product support/update renewal payments) will be credited to the affiliate who referred the initial purchase related to the renewal payment. Affiliates will only receive commissions for renewal payments if the initial purchase related to a renewal payment was referred by an affiliate.

d. WSS will pay commission only upon collection of payment by WSS. The affiliate has no right to commissions until the applicable customer has paid WSS in full. Only purchases that are made through WSS’s online ordering process will count towards commission calculations.

e. There is a 45 day hold on commission payments. Commissions will be paid to the affiliate on a monthly basis on or about the 25th day of the month. For example, you earn a commission on January 1, 2024. The commission becomes 45 days old on February 14, 2024. The commission will be paid on 2/25/24.

f. All payments will be made via PayPal. WSS does not send payment if the total commission due to the affiliate is not at least $50.00. Amounts below $50.00 will accrue to the affiliate account and payment will be made in the month that the affiliate’s total commissions reach the $50.00 minimum. WSS reserves the right to amend the minimum commission payment amount at any time.

14.   CUSTOMERS’ PROVENANCE

All parties who make purchases through WSS’s website, regardless of whether they may have reached its website through the link from the affiliate’s website, are deemed to be WSS’s customers and not the affiliate’s customers relative to WSS’s products and services. WSS will have the right to contact these customers and send future marketing offers to them. The affiliate will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the affiliate’s website. Additionally, all such customers and purchases will be subject to WSS policies, procedures, rules and regulations and the affiliate has no right or authority to amend or offer any different offers relative to the purchase of products from WSS’s website. WSS however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to WSS’s business and sale of products at any time in its sole discretion.

15.   TRADEMARKS AND COPYRIGHTS

a. The affiliate will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that WSS provided to the affiliate for use solely on the home page that the affiliate designates in the Affiliate Program Registration. The affiliate may only use the images that WSS specifically makes available to WSS Affiliate Members at the area of its website that is specifically designated as approved images for Affiliate Program Members. The affiliate may not distribute, reproduce, modify, amend, these images in any way. The affiliate may use these images only for the purposes of promoting WSS’s website and products on the affiliate’s website in compliance with the Affiliate Program policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies WSS may create and amend from time to time regarding the Affiliate Program.

b. The affiliate will only use such items in the form, size, content, and appearance that WSS provided them to the affiliate. The affiliate is not permitted to modify them. The affiliate agrees to display these items prominently on its website. These items may only be used if they contain a hypertext link to WSS’s website. This license shall immediately terminate upon the termination from the Affiliate Program. WSS may also terminate this license upon notice to the affiliate if the affiliate’s use of these items is contrary to or does not conform with its standards, such standards to be determined in its sole and absolute discretion. The affiliate agrees that WSS retains all right, title and interest in and to all such materials. WSS will retain all goodwill and other value associated with any of these materials. The affiliate will not gain any trademark, copyright or other proprietary rights to such materials. The affiliate agrees not to take any action that is contrary to or inconsistent with WSS’s rights to these materials. The affiliate will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to WSS or that paints WSS in a false or negative light. WSS may revoke the limited license granted hereunder at any time in writing to the affiliate. Upon termination or revocation, the affiliate will immediately cease from any use this material.

c. The affiliate is not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to WSS or to any other party and which may appear on WSS’s website.

d. The affiliate grants to WSS a non-exclusive right and license to use the affiliate’s trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials for the purposes of promoting, advertising, announcing, or marketing the affiliate participation in WSS Affiliate Program. The affiliate represents and warrants to WSS that no other party has any rights in and to any of these materials and that these materials do not infringe upon or otherwise interfere with the rights of any other party. The affiliate represents and warrants to be the absolute, sole and exclusive owner of all such materials and the owner of all trademark rights, copyrights, and other proprietary rights in and to the same. The affiliate represents to have the right, power, and authority to license said materials to WSS as aforesaid and that the affiliate is not under any legal or contractual limitation on the right to so license these materials. WSS has no obligation to announce, advertise, market, or promote the affiliate participation in WSS Affiliate Program, but reserves the right to do the same at its sole discretion.

16.   RESPONSIBILITIES

The affiliate is responsible for all matters pertaining to the affiliate’s own website including its development, maintenance, operation and placing links on the affiliate’s site in compliance with the terms of the Affiliate Program. The affiliate is completely responsible for all items that appear on its site and for assuring that such items do not infringe upon or violate the rights of any other party. WSS is not responsible for any matter pertaining to the affiliate’s site or the content thereof and the affiliate holds WSS harmless and indemnifies WSS from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the affiliate’s website and business. Such indemnity includes WSS costs and attorney fees in defending any such matter. The affiliate represents and warrants to WSS that its site does not and will not contain any materials that are illegal, and that the affiliate’s site is not operated for an illegal purpose or in an illegal manner.

17.   REPRESENTATIONS AND WARRANTIES

The affiliate hereby represents and warrants to WSS to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The affiliate’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.

18.   TERM

The effectiveness of this Agreement shall not commence until the Affiliate Program Registration is accepted by WSS. The effectiveness hereof and binding effect shall occur upon WSS’s acceptance of the Affiliate Program Registration. This Agreement shall remain in full force and effect until terminated by the affiliate or by WSS. Either WSS or the affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via Email to the affiliate at the Email address indicated in the Affiliate Program Registration. Any and all notices to the affiliate via Email at such address shall be deemed to be effective notice to the affiliate for all purposes.

19.   TERMINATION

The affiliate will forfeit all rights to receive past commissions that may have accrued if this Agreement is terminated as a result of the affiliate’s failure to comply with the terms of this Agreement or any policies and procedures of our Affiliate Program that may be established and amended by WSS in its discretion from time to time. If this Agreement is terminated for any other reason, the affiliate will have a right to receive its accrued commissions through the effective date of termination. WSS has a 60 day hold on final commission payments to allow for sufficient time to ensure that the amount paid to the affiliate is accurate and not subject to later adjustment for returns or any other reason. If following final payment WSS determines that the amount of commissions that the affiliate was paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from the affiliate to WSS and WSS shall have all legal right to receive a refund of such overpaid commission from the affiliate.

20.   MODIFICATIONS

WSS reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the affiliate. Notice of any changes may be given via Email to the affiliate or by posting such changes in the Affiliate Program sections of WSS’s website. Such changes and modifications will take effect upon transmission of Email or posting on WSS’s website. The affiliate may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to the affiliate and such termination shall be the affiliate’s sole and exclusive remedy. In the event that the affiliate continues to participate in the Affiliate Program following such modifications, the affiliate will be deemed as in agreement of the modifications.

21.   LIABILITIES

a. WSS HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS THIS WEBSITE OR TO ACCESS THIS WEBSITE USING THE LINK FROM THE AFFILIATE’S WEBSITE. FURTHERMORE, WSS SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE AFFILIATE
PARTICIPATION IN THE AFFILIATE PROGRAM, THE AFFILIATE’S ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH
PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR
MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON WSS’S COURSE OF DEALING OR USAGE OF TRADE. WSS DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.

b. WSS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER WSS WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.

c. Without limiting the forgoing, WSS’s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by WSS pursuant to the terms hereof.

22.   CONFIDENTIALITY

In the event that any information is disclosed to the affiliate through the affiliate participation in the Affiliate Program related in any way to WSS’s company and business which WSS deems to be confidential and proprietary, the affiliate agrees to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for the affiliate’s own purposes. Confidential information will include any information regarding WSS changes or modifications to this Agreement or this Affiliate Program (which WSS shall have no obligation to make) or any special treatment that the affiliate may receive (which WSS reserves the right to provide in its sole discretion to any affiliate). Confidential information shall also include any and all information related to WSS’s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information which WSS considers to be confidential and proprietary.

23.   INDEMNIFICATION

The affiliate hereby indemnifies and holds WSS, and all of WSS stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that WSS may incur and which are based in whole or in part upon the affiliate participation in the Affiliate Program, any claims that any of the affiliate trademarks and other proprietary material infringe upon the rights of any other party, the affiliate breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the affiliate use, operation or the content of the affiliate’s website.

24.   GOVERNING LAW

This Agreement shall be interpreted under the laws of the State of California. Any and all legal actions relative hereto shall be in the courts of Riverside County in the State of California.

25.   RELATIONSHIP OF THE PARTIES

The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. The affiliate has no power or authority to bind WSS to any obligation, agreement, debt, or liability. The affiliate shall not hold itself out as an agent or representative of WSS.

26.   NOTICES

Notices to WSS shall be by certified mail, return receipt requested addressed to the address contained in this Agreement, or such other address that WSS provides notice of to the affiliate via Email or by posting the same in the Affiliates section of WSS website. Notices to the affiliate shall be by Email addressed to the Email address that the affiliate provided to WSS in the Affiliate Program
Registration or by posting such notices on the Affiliate section of WSS’s website. It shall be the affiliate’s responsibility to check the Affiliate section of WSS website periodically to monitor all notices set forth thereon.

27.   ASSIGNMENT

This Agreement is only for the benefit of the party that the affiliate lists in the
Affiliate Program Registration. The affiliate shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
 

28.   ENTIRE AGREEMENT

This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by a writing signed by the authorized representative of each of the parties, except as otherwise set forth herein. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the agreements set forth herein.

If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.