Become an Affiliate
Affiliates earn $5 USD for each sale generated from an affiliate's direct link to
Bavisoft's secure credit card ordering site.
To become an affiliate read the terms and conditions and fill out the application
below. You will be contacted via email of your acceptance and will receive the
html code to be put on your site.
Affiliate Terms and Conditions
1. Enrollment in the Affiliate Program
To begin the enrollment process, you will
submit a completed Affiliate Program application via our site. We will evaluate
your application in good faith and will notify you of your acceptance or
rejection in a timely manner. We may reject your application if we determine
(in our sole discretion) that your site is unsuitable for the Affiliate Program
for any reason, including, but not limited to, inclusion of content that is in
any way unlawful, harmful, threatening, defamatory, obscene, harassing, or
racially, ethnically, or otherwise objectionable. If we reject your application,
you are welcome to reapply to the Affiliate Program at any time.
2. Promotion of Our Affiliate Relationship
As an Affiliate Site, we will make available to you graphics and copy that you
may display on your site. Product order buttons will connect your site directly
to our sales transaction area. By utilizing this Link, users of your site will be
able to order, directly from us, any products that are described or referenced on
our site. We reserve the right to monitor your web site as we deem necessary to
determine that you are maintaining and updating your site continually. Each Link
connecting users of your site to the pertinent area of our site will in no way
alter the look, feel or functionality of our site.
3. Our Responsibilities
We will be responsible for providing all information necessary to allow you to
make appropriate Links from your site to our site. We will process orders placed
by customers who follow special links from your site to Bavisoft. We reserve the
right to reject orders that do not comply with any requirements that we
periodically may establish. We will be responsible for order entry, payment
processing, shipping, cancellations, returns, and related customer service. We
will track sales made to customers who purchase games using special links from
your site to our site.
4. Referral Fees
Only games that are sold by us (to users of your site linked to our site), shipped
to a customer, and for which we have received full payment will qualify for a
commission. Bavisoft agrees to pay you $5 USD of each purchase attributed by
Bavisoft to your source code(s). To permit accurate tracking, reporting, and fee
accrual, you must ensure that the special links between your site and our site are
properly formatted. We will pay you referral fees on a monthly basis.
Approximately 30 days following the end of each month, we will send you a check
for the referral fees earned on games that were shipped during that month, less
any taxes that we are required by law to withhold.
5. Policies and Pricing
Customers who buy games through the Affiliate Program will be deemed to be
customers of Bavisoft. Accordingly, all of our rules, policies, and operating
procedures concerning customer orders, customer service, and game sales will
apply to those customers. We may change our policies and operating procedures
at any time. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any particular
game.
6. Limited License
We grant you a non-exclusive, non-transferable, revocable right to access our
site through the links solely in accordance with the terms of this agreement and
solely in connection with such links to use our logos, trade names, trademarks,
and similar identifying material relating to us (collectively, the "licensed
material"), for the sole purpose of selling games on your site for Bavisoft. You
may not alter, modify, or change the licensed materials in any way. You are only
entitled to use the licensed materials to the extent that you are a member in good
standing of the Affiliate Program. You shall not create, publish, distribute, or
permit any written material that makes reference to us without first submitting
such material to us and receiving our written consent, which we agree shall not
be unreasonably withheld.
7. Obligations Regarding Your Site
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. Such responsibilities
include, but are not limited to, the technical operation of your site and all related
equipment; creating and posting game reviews, descriptions, and references on
your site; the accuracy and propriety of materials posted on your site (including,
but not limited to, all game-related materials); ensuring that materials posted on
your site do not violate or infringe upon the rights of any third party and are not
libelous or otherwise illegal. We disclaim all liability for all such matters.
Further, you will indemnify and hold Bavisoft harmless from all claims, damages,
and expenses (including, without limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
8. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate
Program application and will end when terminated by either party. Either you
or we may terminate this Agreement at any time, with or without cause, by giving
the other party written notice of termination. You are only eligible to earn
commission fees on sales occurring during the term, and fees earned through the
date of termination will remain payable only if the related game orders are not
canceled or returned. We may withhold your final payment for a reasonable time
to ensure that the correct amount is paid.
9. Modification
We may modify any of the terms and conditions contained in this Agreement, at
any time in our sole discretion. You will be notified by email and a change
notice will be posted on our site. Modifications may include, but are not limited
to, changes in the scope of available commission fees, commission schedules,
payment procedures, and Affiliate Program rules. If any modification is
unacceptable to you, your only recourse is to terminate this agreement. Your
continued participation in the Affiliate Program following our posting of a
change notice or new agreement on our site will constitute binding acceptance of
the change.
10. Relationship of Parties
You and Bavisoft, are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. 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 otherwise, that reasonably would contradict
anything in this Section.
11. Disclaimers
We make no express or implied warranties or representations with respect to the
Affiliate Program or any games sold through the Affiliate Program (including,
without limitation, warranties of fitness, merchantability, noninfringement, or
any implied warranties arising out of course of performance, dealing, or trade
usage). In addition, we make no representation that the operation of our site will be
uninterrupted or error free, and we will not be liable for the consequences of any
interruptions or errors.
12. Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of
revenue, profits, or data, arising in connection with this Agreement or the Affiliate
Program, even if we have been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement and the Affiliate
Program will not exceed the total commission fees paid or payable to you under
this Agreement.
13. Indemnification
You hereby agree to indemnify and hold harmless Bavisoft., 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) (any or all of the foregoing hereinafter referred to as
"Losses") insofar as such Losses (or actions in respect thereof) arise out of or are
based on (i) any claim that our use of the 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 us.
14. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND
THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT
ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
15. Governing Law
This Agreement will be governed by the laws of the United States and the State of
New York, 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 New
York, and you irrevocably consent to the jurisdiction of such courts. 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 a provision or any other provision of this Agreement.
Join affiliate program.
