ATS Affiliate Program

 

 

 

Terms and Conditions

 

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the ATS Affiliate Program. As used in this Agreement, "ATS" means ATS Tenant Screen the Company and "Affiliate" means the Applicant. "ATS" also means the site that has its primary homepage identified by the URL www.ATS, and "site" means a World Wide Web site. "Your site" means any site that the applicant will link to the ATS site, which the applicant will identify when completing the ATS Affiliate Program application.

 

Background

Affiliate and ATS each desire to establish the general terms and conditions that shall govern advertising and/or fee arrangements between Affiliate and ATS, which result from participation in ATS's Affiliate program. In consideration of the mutual promises and obligations contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Parties mutually agree as follows:

 

1. ATS's Responsibilities

1.1. ATS agrees to track each visitor to ATS's website that enters from Affiliate's website and becomes a Registered Member.

1.2. ATS will take reasonable efforts to make available the website at all times and to ensure that its web servers are running at all times. ATS reserves the right, in its sole discretion, to interrupt access to any or all of the Content Pages for maintenance purposes.

1.3. ATS may periodically audit the Affiliate's site to determine whether it is in compliance with ATS's specified requirements.

 

2. Affiliate's Responsibilities

2.1. Affiliate will link its site to areas within the ATS site. The position, prominence and nature of links on the Affiliate's site shall comply with any requirements specified by ATS either verbally or in writing.

2.2. Affiliate and ATS each agree not to make any representations, warranties or other statements concerning ATS (the Company), ATS's site, any of ATS's products or services or ATS's site policies except as expressly authorized by the Engagement.

 

3. Fees

3.1. ATS agrees to pay fees as specified in Exhibit A (see below). This fee will be calculated on a monthly basis and shall be paid by ATS to the Affiliate by the 30th day of the following month. If the amount of fees accrued for the month is less than $25, the amount will be carried forward to the next month.

3.2. ATS will not pay any fees during any period in which the Affiliate fails to comply with the terms of this Agreement.

3.3. ATS shall have the sole right and responsibility for processing all orders made by Customers (Registered Members). Affiliate acknowledges that all agreements relating to sales to Customers shall be between ATS and the Customer.

 

4. Ownership and Licenses

4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

4.2. ATS grants Affiliate a non-exclusive, worldwide license to use, reproduce, display and transmit, during the term of this Agreement only, ATS's specified logos, trade names, trademarks and service marks (the "ATS Marks") only at the Affiliate's sites and for the purpose of creating and describing the link and marketing ATS's services.

4.3. Affiliate grants ATS a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Affiliate solely for co-branding purposes.

4.4. Neither Party shall have the right to reproduce, display or otherwise use any content, logo, trade name, trademark or service mark of the other Party except as expressly set forth herein, without the prior written consent of the other Party in each instance.

4.5. At the expiration or earlier termination of this Agreement, neither Party will retain any rights to nor license of any of the other Party's Marks. In addition, each Party agrees to purge from its site all content, logos, trade names, trademarks or service marks of the other Party.

 

5. Term and Termination

5.1. This Agreement shall remain in full force and effect for a period of two (2) years, beginning on the Effective Date set forth above (the "Initial Term"). It shall remain and continue in full force and effect for subsequent 1-year periods (each called a "Renewal Term") unless written notice of termination is received by one Party from the other Party at least 30 days prior to the initial expiration date or any subsequent expiration date.

5.2. Either Party may terminate the performance of this Agreement without cause upon 30 days' written notice to the other Party.

 

6. Representations

6.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ATS ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Cross-Indemnification

7.1. Each Party shall indemnify, defend and hold (as the "Indemnifying Party") the other Party and its officers, directors, employees and agents (the "Indemnified Party") harmless from and against any and all claims, demands, actions, and any liabilities, damages or expenses resulting there from including court costs and reasonable attorneys' fees (together, "Claims") arising out of or relating to: (a) the Indemnifying Party's negligence or intentional acts or omissions; and (b) the Indemnifying Party's breach of any of its obligations under this Agreement.

 

8. Limitation of Liability

8.1. Neither Party shall be liable to the other for any indirect, incidental, delay, special, punitive or consequential damages, including damages for lost opportunities, lost profits from this Agreement or any other transaction, or lost savings, whether arising in contract, tort or otherwise, even if such damages were foreseeable or result from a breach of this Agreement.

 

9. General

9.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

9.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the Province of British Columbia Canada. Any action to enforce this Agreement shall be brought in the Supreme Court of Canada. If you need to send official correspondence, send it via registered mail to 361-19567 Fraser Hwy Surrey BC V3S9A4 (Canada)

9.3. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

 

10. Identifying Yourself As an Affiliate.

Affiliate may not issue any press release with respect to this Agreement or its participation in the Program; such action may result in termination from the Program. In addition, Affiliate may not in any manner misrepresent or embellish the relationship between the Parties, or express or imply any relationship or affiliation between ATS and Affiliate or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse or contribute money to any charity or other cause).

 

Exhibit A – Compensation Agreement

As compensation for making Affiliate website, resources and links available for visitors to access ATS's website, ATS will pay Affiliate a fee of $3.00 for one (1) report on a transaction, $4.00 for two (2) reports on the same transaction, $5.00 for three (3) reports on the same transaction and $6.00 for four (4) reports on the same transaction, for a period of two (2) years for transactions that are paid for and obtained by Registered Member (Customer) who utilized Affiliate website facilities to come to the ATS website.

 

Note: U.S.A. Registered Members (Customers) can order from 1-4 reports in the same transaction, and a graduated fee as noted above will be in effect and compensates for additional reports ordered in a single transaction.

 

Addendum: Where U.S.A. Affiliate receives a commission for a ATS Canadian Registered Member, those commissions will be paid in CDN funds and in accordance with the rates that are noted under Canadian Affiliates.

 

This fee will be calculated on a monthly basis and shall be paid by ATS to Affiliate by the 30th day of the following month unless the commissions are less than $25.00 in which case they will be carried over until the amount is $25.00.