Affiliate Agreement

AT HOME PEST CONTROL AFFILIATE AGREEMENT

PLEASE READ THE ENTIRE AGREEMENT.

YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BEWTEEN YOU AND THE MERCHANT. (DBS AT HOME PEST CONTROL)

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

 

1.     OVERVIEW

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ATHomePestControl.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the ATHomePestControl.com web site. Please note throughout this Agreement, “we” and “our” refer to ATHomePestControl.com, and “you”, “your” and “yours” refer to the affiliate.

 

2.     AFFILIATE OBLIGATION

a.     2.1 – To begin the enrollment process, you will complete and submit the application at the ATHomePestControl.com web site. The fact that we auto-approve applications doe s not imply that we may not re-evaluate your application at a later date. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:

                                                              i.      2.1.1 – Promotes sexually explicit materials

                                                            ii.      2.1.2 – Promotes violence

                                                          iii.      2.1.3 – Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

                                                         iv.      2.1.4 – Promotes illegal activities

                                                           v.      2.1.5 – Incorporates any materials which infringe or assist others to infringe on any copyrights, trademark or other intellectual property rights or to violate the law or materials label

                                                         vi.      2.1.6 – Includes “Merchant” or variations or misspellings thereof in its domain name

                                                       vii.      2.1.7 – Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethically or otherwise objectionable to us in our sole discretion.

                                                     viii.      2.1.8 – Contains software downloads that potentially enable diversions of commission from other affiliates in our Program.

                                                          ix.      2.1.9 – You may not create or design your website or any other website that you create, operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are ATHomePestControl.com or any other affiliated business.

 

b.     2.2 –  As a member of ATHomePestControl.com’s Afffiliate Program, you will have access to Affiliate Account Manager. Here you will able to review our Program’s detail and previously-published affiliate newsletter, download HTML code (that provides for links to web pages within the ATHomePestControl.com web site) and banner creative, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all visitors from your web site to our web site, you must use the HTML code that is generated within your Affiliate Control Panel at our web site and that we provide for each banner, text link, web link or other affiliate link we provide you with.

 

c.      2.3 – ATHomePestControl.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

 

d.     2.4 – The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and notify you of any changes that we feel should enhance your performance.

 

e.     2.5 – It in entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it is in writing, an image, a picture, a video link or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.

 

3.     ATHomePestControl.com Rights and Obligations

a.     3.1 – We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participations in the ATHomePestControl.com Affiliate Program.

 

 

 

b.     3.2 – ATHomePestControl.com reserves the right to terminate this Affiliate Agreement and your participation in the ATHomePestControl.com Affiliate Program immediately and without notice should you commit fraud in your use of the ATHomePestControl.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ATHomePestControl.com shall not be liable to you for any commissions for such fraudulent sales or transactions from your site.

 

c.      3.3 – This Agreement will begin upon your acceptance of your Affiliate Application, and will continue unless terminated hereunder.

 

4.     Termination

a.     Either you or we may end this Affiliate Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

 

5.     Modification

a.     We may modify any of the terms and conditions of this Affiliate Agreement at any time at our sole discretion. In such event, you will be notified by email and written notification by mail. Modifications may include, but are not limited to, changes in the payment procedures and ATHomePestControl.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in ATHomePestControl.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

 

 

 

6.     Payment

a.     ATHomePestControl.com uses a third party to handle all of tracking and payments. The third party is the ATHomePestControl.com affiliate network. Kindly review the network’s payment terms and conditions. You will be required to select a payment method upon enrolling in this Affiliate Program. You must also supply a valid Tax ID Number upon enrollment.

 

7.     Access to Affiliate Account Interface

a.     Once your Account is approved, you will receive access to your Affiliate Account Interface on the ATHomePestControl.com site, which includes reporting functions including the ability to view your transaction history and update your profile.

 

 

8.     Promotion Restrictions

a.     8.1 – You are free to promote your own web site, but naturally any promotion that mentions ATHomePestControl.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by ATHomePestControl.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), posting to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote ATHomePestControl.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote ATHomePestControl.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web site as independent from ATHomePestControl.com . If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

 

b.     8.2 – Affiliates may not purchase keywords or exclusively bid in their Pay-Per-Click (PPC) campaigns on keywords such as ATHomePestControl.com, ATHOME, www.ATHomePestControl.com, www.ATHOME.com and/or any misspellings or similar alterations of these – be separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing in to ours, will be considered trademark violators, and will be banned from ATHomePestControl.com Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.

 

c.      8.3 – Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospect’s information is real and true, and these are valid purchasing transactions (sincerely interested in ATHomePestControl.com service).

 

d.     8.4 – Affiliate shall not transmit any so-called “interstitials”,*”Parasiteware.tm” ,*”Parasitic Marketing”, “Shopping Assistance Applications”, “Toolbar Installations and/or Add-Ons”, “shopping Wallets”, or ”deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited ATHomePestControl.com site (ie:, no page from our site or any ATHomePestControl.com’s content or branding is visible on the end-users screen). As used herein a. “Parasiteware.tm” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email: (b) intercepts searches to redirect traffic through an installed software, thereby causing, popups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the result given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of ATHomePestControl.com site in IFrames, hidden links and automatic popups that open ATHomePestControl.com’s site; (d) targets text on web sites, other than those web sites 100% owned by  the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

 

9.     Grant Licenses

a.     9.1 – We grant to you non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with then terms and conditions of this Agreement and (ii) solely in connection with such links, to use or logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of ATHomePestControl.com’s Affiliate Program. You agree that all uses of the Licensed Material will be on behalf of ATHomePestControl.com and the good will associated therewith will insure to the sole benefit of ATHomePestControl.com.

b.     9.2 – Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

 

10.                        Disclaimer

a.     ATHomePestControl.com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING ATHomePestControl.com SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ATHomePestControl.com ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. INADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OR OUR SITE BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

 

11.                        Representations and Warranties

     You represent and warrant that:

a.     11.1 – This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligations, enforceable against you in accordance with its terms;

b.     11.2 – You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Affiliate Agreement and to perform your obligations under this Agreement, without the approval and consent of any other party;

c.      11.3 – You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

 

12.                        Limitations of Liability

a.     WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ATHomePestControl.com’s CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

 

13.                        Indemnification

a.     You hereby agree to IMDEMNIFY and hold harmless ATHomePestControl.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (or actions in respect thereof) arise out of or based on (i) any claim that our affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to use.

 

 

14.                        Confidentiality

a.     All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential”, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

 

15.                        Miscellaneous

a.     15.1 – You agree that you are independent contractor or an incorporated company or registered LLP, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and ATHomePestControl.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

b.     15.2 – Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

c.      15.3 – This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey without regard to the conflicts of laws and principles thereof.

d.     15.4 – You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

e.     15.5 – This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral and written.

f.       15.6 – The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

g.     15.7 – If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated and the remainder of this agreement shall have full force and effect.

 

The parties clearly understand the above Affiliate Program and its terms and conditions. Please endorse the Agreement with your signature below -

 

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Affiliate Partner                                                                            Date

 

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At Home Pest Control Representative                                   Date

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