Please read this entire agreement so you know and understand the program rules!
1. Empire Estimators Affiliate Agreement
This agreement describes the terms and conditions for participation in the Empire Estimators affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Empire Estimators refers to the business owner and service provider, Empire Estimators.
The Empire Estimators affiliate program is administered through our own internal affiliate system.
2. Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
3. Enrollment
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed in the order in which they are received. Applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
4. Affiliate URL
You will be issued a special URL once you become an approved member of the Empire Estimators Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
5. Commissions
Affiliates will receive 10% of the deposit revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). Commissions may change at the discretion of the business owner and service provider. Empire Estimators commissions may increase during limited time special promotions, but they will return thereafter to the regular 10% commission rate.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product or service ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
6. Payment
Empire Estimators will deposit your commissions directly onto a debit card provided to us in our secure Affiliate Area when a member joins. If the debit card changes, it is the responsibility of the affiliate to update your information in our Affiliate Area to ensure proper commission payments. We may not resend payments returned due to incorrect card information.
7. Order Fulfillment
Empire Estimators will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Empire Estimators products or services from other websites as a “reseller” and no “resale” rights are granted in ANY way. Empire Estimators will also be solely responsible for all customer service inquires.
Customers who purchase products and services through the Empire Estimators Affiliate Program will be deemed to be customers of Empire Estimators. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Empire Estimators policies will always determine the price paid by the customer.
8. Qualifying Sites
Empire Estimators reserves the right to refuse any site entry into the Empire Estimators Affiliate Program based on site content. Websites that do not qualify for the Affiliate Program include sites which:
•Promote sexually explicit materials
•Promote violence
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
•Promote illegal activities
•List coupon codes or discounts
•Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Empire Estimators or any other site..
9. Permitted Usage
The following are permitted uses of the Empire Estimators brand and marketing resources
•Affiliates are permitted to use the graphics and design resources provided by the affiliate program manager who may be contacted at estimates@empireestimators.com.
10. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
•Affiliates MAY NOT use the Empire Estimators logo, logo marks or other Empire Estimators website/branding imagery in a header graphic or in any was as to indicate they are officially affiliated or partnered with Empire Estimators.
•Affiliates MAY NOT use the term “Empire Estimators” in ANY variation in their site URL.
11. Empire Estimators Anti-Spam Policy
Empire Estimators strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
•Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
•Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
•Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
•Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
•Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Empire Estimators, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
•Account Termination: Upon the receipt of a credible complaint, the Empire Estimators Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Empire Estimators discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at estimates@empireestimators.com
12. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
13. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Empire Estimators or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Empire Estimators websites, and all Empire Estimators trademarks and logos, other Empire Estimators marks and all other materials provided in connection with this program.
14. Limitation of Liability
Empire Estimators will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the 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 Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
15. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Empire Estimators will not be liable for the consequences of any interruptions or errors.
16. Miscellaneous
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 provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Empire Estimators Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.