Affiliate Program

HOME	SIGN UP	MEMBERS	BANNERS / TEXT LINKS	ACCOUNT ACTIVITIES	YOUR EARNINGS

Please fill in the form below to create your affiliate account.
If you're already an affiliate member, click here to login

First Name:
Last Name:
Pay To Name:
Tax ID:
Type of Tax ID:
Primary Industry Served:
URL:http://
E-Mail:
Username: (Max. 12 characters)
Password: (Case sensitive)
Verify Password:
Country:
State:
City:
Mailing Address:
Zip:
Terms & Conditions: PRINT TERMS	Before you can procede with registration, please accept the terms and conditions below. Please Read and Print for Future Reference If you wish to participate in our Affiliate program, indicate your agreement to do so by clicking the "I Agree" button below. Additionally, by accessing and utilizing any of the Business ESP's Marketing Tools, or accepting of any reward, bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. For purposes of clarity, the terms "we" and "us" refer to Business ESP and "you" and "Publisher" refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The term "Advertiser" is defined as any company that has contracted Business ESP to promote their Site(s) and or products. The contract provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Advertiser's websites, in return for the payment of commissions and referral bonuses as specified below. ENROLLMENT To enroll, please read this Agreement and then submit a complete Business ESP Publisher Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights. PUBLISHER AGREEMENT During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Business ESP on your site (the "Publisher site") as a hyperlink to direct Visitors from the Publisher Site to the Advertiser's Sites, using distinct URLs supplied by Business ESP exclusively for linking (the "Supplied Banners"). The Advertiser's banners shall be displayed at least as prominently as any other sales link on the Publisher site, and if the Publisher displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Publisher site, the Publisher shall, subject to Business ESP's prior written approval of the content thereof, include similar descriptive information regarding the Advertiser's Site(s). The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Publisher shall be entitled to display the banners of, and provide links to, sites of other companies through the Publisher site, and Business ESP shall be entitled to make the Advertiser's banners available through online and other services than the Publisher site. DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL As a Publisher, you will have access through Business ESP's site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".) Business ESP and the Advertiser hereby grants to the Publisher the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly): Business ESP's and the Advertiser's banners, name, site name, and other related textual and graphic material are made available by Business ESP and/or the Advertiser to the Publisher for the express purpose of inclusion on the Publisher's site from time to time (collectively, the "Advertiser's Material") and for the specific purposes authorized above. Business ESP and the Advertiser authorize the Publisher to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Publisher. Business ESP and the Advertiser also authorizes the Publisher to refer, in the Publisher's advertising and promotions, to the fact that the Business ESP and Advertiser's sites are accessible through the Publisher site, provided that any such statement: (a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Business ESP or the Advertiser other than Business ESP or the Advertiser's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Business ESP's or the Advertiser's mark); (b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Advertiser sponsors, authorizes, and/or is the source or origin of the Publisher site; and (c) does not disparage Business ESP or the Advertiser, its products, services, or Publishers. All use of the Business ESP or Advertiser's Materials hereunder shall inure to the benefit of the Advertiser and shall not create any rights, title or interest in them for the Publisher. No other use of the Business ESP or Advertiser's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Publisher for any purpose without the prior written approval of Business ESP or the Advertiser. As between the Advertiser and the Publisher, the Advertiser owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Advertiser's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement. Additionally, Once a promotion has expired Advertisers reserves the right to replace any promotional creative (e.g.. banner, java script, text link or newsletter) with a generic Advertisers creative that has the dimensions and size as the current promotional banner. It is then up to the Publisher to change the creative should they so desire. MAINTAINING THE LINKS You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the Business ESP Site or the Advertiser's Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Business ESP Site or the Advertiser's Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made. COOKIES Advertisers utilize cookies as a means to tabulate hits, leads and sales. If cookies are disabled by the client than there is no method for tracking a sale. SPAM - WE DO NOT CONDONE SPAM Any form of SPAM will result in your account being closed and all funds due being withheld. You need to be aware that our Advertisers are liable to incur expenses in dealing with Spam generated mail and these same expenses will be deducted from your account should our Advertiser seek recourse. In this instance the amount determined by the relative Advertiser will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as an affiliate of Business ESP. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts. E-MAILING TO YOUR OPT IN BULK LISTS If you use Advertisers' Promotional content to e-mail to your opt in e-mail lists then you must adhere to the following: 1. I agree to clearly display an unsubscribe feature at the bottom of the email, (clearly detailing methods of unsubscribing from your mailing list), and a physical mailing address as required by the U.S. CAN SPAM law. 2. I agree to clearly include my SITE/COMPANY HEADER in the email (incorporating site name and logo). 3. I agree not to send any Advertisers offers in the form of emails to people who to my best knowledge reside in Australia and any other jurisdiction that restricts such email. 4. I agree not to send any Advertisers offers in the form of emails to people under the age of 18. 5. I agree not to send any Advertisers offers in the form of emails to people who have not willingly entered their email address on my site's to receive promotional material. 6. Publishers will be responsible for any legal fees that arise out of using these mailers. 7. Advertisers and Business ESP do not tolerate Spam - any affiliate reported for abuse will be removed from the affiliate program and have no recourse for any previously owed commission. GOOD FAITH You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Business ESP or the Advertiser harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Advertiser's site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. COMMISSION AND REFERRAL BONUS You shall be entitled to a commission equal to the applicable terms as stated. These rates are based upon the Advertisers specific program details available at the Advertisers Affiliate Site. As these may change without notice it is advisable that the Publisher Monitor these rates on a regular basis. CHARGE BACKS A charge back refers to uncollectible funds from credit/debit cards as a result of customer non-payment or unauthorized 3rd party credit card use. A charge back originating from a referral from an affiliate will be deducted from the accumulated revenue generated by the affiliate for the charge back period. This amount will be forfeited and deducted from the total balance due to the affiliate for the pay period. Should this amount exceed the current amount due, your balance will revert to a negative, and you will have to work your way back to zero before you can start earning revenue again. Advertisers reserve the right to apply any costs associated with fraudulent transactions to the affiliate. PUBLISHER REWARD PROGRAMS To participate, you must be an active Publisher in good standing with Business ESP. Publishers participating in any reward program agree to be bound by the decisions of Business ESP, which will be final and binding in all respects. All interpretations of the Rules and decisions by Business ESP are final. Additionally, the terms and conditions set in this document apply to all current and future agreements made between a Publisher, Advertisers and Business ESP. Business ESP reserves the right to terminate any and all Publisher Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Business ESP's control. Business ESP reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Publisher. All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prizewinner. Acceptance of a prize constitutes permission for Business ESP and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicizing the services of Business ESP in any medium without compensation, unless otherwise prohibited by law. Publishers release and hold harmless Business ESP and their Advertisers and their respective Publishers, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Publisher's or any other person's computer. CONFIDENTIAL INFORMATION As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party: (a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or (b) may receive hereunder from the other. Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall: (i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care; (ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and (iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties. The foregoing restrictions shall not apply to information that: (a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient; (b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality; (c) is received from a third party without restriction and without breach of this Agreement; (d) was independently developed by the recipient as evidenced by its records; and (e) the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement. LIABILITY The Publisher acknowledges that Business ESP does not advocate or endorse the purchase or the use of any services offered by the Advertiser through the Advertiser's sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Advertiser represents and warrants that: (a) The Advertiser has the right to enter into this Agreement and to grant the rights and licenses granted herein; and (b) The Advertiser's software, and the reproduction, distribution, transmission, public performance and public display of the Advertiser's Material in connection with the Publisher site, do not: (i) invade the right of privacy or publicity of any third person; or (ii) contain any libelous, obscene, indecent or otherwise unlawful material. The Publisher represents and warrants that: a. the Publisher has the right to enter into this Agreement; b. the Publisher site does not, and the reproduction, distribution, transmission, public performance and public display of the Publisher Materials as permitted herein, do not: (i) invade the right of privacy or publicity of any third person, (ii) contain any libelous, obscene, indecent or otherwise unlawful material, or (iii) infringe any patent, copyright or trademark right in any jurisdiction; and c. the Publisher has received no notice of such invasion, violation or infringement of rights. TERM AND TERMINATION The term of this Agreement will begin when you download a banner and link it to our site or the Advertiser's Site(s) and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Upon termination:You must remove the Business ESP or Advertiser's banner's from your site and disable any links from your site to ours and theirs. All rights and licenses given to you in this Agreement shall immediately terminate. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our Advertisers. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Advertisers may from time to time review affiliates� participation in the program. Advertisers may choose to cancel an affiliate�s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights. RISK ALLOCATION Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. ACKNOWLEDGEMENT OF NO WARRANTY Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated. ASSIGNMENT Except as otherwise provided herein, neither Business ESP nor the Publisher may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void. GOVERNING LAW This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of the state of California, the United States of America. SINGLE PUBLISHER ACCOUNT PER ADVERTISER The Publisher agrees to operate a single Publisher site with the Advertiser's Site(s). If Business ESP should discover, using information it deems appropriate in the circumstances, that the Publisher is operating more than one Publisher account, this Agreement shall terminate and the Publisher will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Business ESP Publishers Program, MUST be reported by the Publisher and cleared by the Business ESP Support Team beforehand, and failure to do so may result in the termination of the Publisher's account. The Publisher will also forfeit all rights to commissions and referral bonuses. INDEPENDENT CONTRACTORS Business ESP and the Publisher are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Business ESP and the Publisher. Neither party has the authority to enter into Agreements of any kind on behalf of the other party. DISCLAIMER It is the Publisher's responsibility to declare taxes from their Publisher's profits, according to their country's regulations. . WAIVER No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. MODIFICATIONS Business ESP may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at: http://www.businessesp.com or at another site it chooses, and by notifying the Publisher of the modifications via email notice. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.