AFFILIATE AGREEMENT
This Affiliate Agreement is made and entered into by and between Ashmira Digital Information Blog, a digital information blog operated by Ashmira Digital Inc., and an individual or entity who wishes to participate in the Company’s affiliate program .
Purpose of Agreement. The purpose of this Agreement is to establish the terms and conditions under which the Affiliate will promote the Company’s products and services on the Affiliate’s website and/or other marketing channels.
Affiliate Program. The Company offers an affiliate program that allows Affiliates to earn a commission on sales of the Company’s products and services. The Affiliate will be provided with unique affiliate links and promotional materials to use in promoting the Company’s products and services.
Commission. The Affiliate will earn a commission on all qualified purchases made through the Affiliate’s unique affiliate links.
Term of Agreement. This Agreement will begin on the date of acceptance by the Company and will continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
Representations and Warranties. The Affiliate represents and warrants that it has the right and authority to enter into this Agreement and to perform its obligations under this Agreement. The Affiliate also represents and warrants that it will comply with all applicable laws and regulations in promoting the Company’s products and services.
Indemnification. The Affiliate agrees to indemnify and hold the Company and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Affiliate’s breach of this Agreement or the documents it incorporates by reference, or the Affiliate’s violation of any rights of another.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State , without giving effect to any principles of conflicts of law.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. This Agreement may not be amended or modified except in writing signed by both parties.
Confidentiality. The Affiliate agrees to keep confidential and not disclose to any third party any confidential information of the Company, including but not limited to trade secrets, business plans, financial information, and customer lists. This confidentiality obligation will survive the termination of this Agreement.
Relationship of Parties. The Affiliate is an independent contractor and is not an employee, agent, or partner of the Company. The Affiliate will not have any authority to bind the Company to any obligation or make any representation on behalf of the Company.
Non-Solicitation. During the term of this Agreement and for a period of [insert number] years after its termination, the Affiliate will not solicit or attempt to solicit any of the Company’s customers or clients for the purpose of offering products or services that compete with the Company’s products or services.
No Waiver. The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder.
Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment. This Agreement may not be assigned by the Affiliate without the prior written consent of the Company. The Company may assign this Agreement without the consent of the Affiliate.
Force Majeure. Neither party will be liable for any failure or delay in performance of its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Disclaimer of Warranties. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Company’s website or the information, content, materials, or products included on the website. The Affiliate agrees that its use of the website and the products and services offered on the website is at its own risk.
Limitation of Liability. The Company will not be liable for any damages of any kind arising from the use of the website or the products and services offered on the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Modification of Products and Services. The Company reserves the right to modify or discontinue any of its products or services at any time without notice to the Affiliate. The Affiliate agrees that the Company will not be liable to the Affiliate or any third party for any modification or discontinuation of its products or services.
Termination for Cause. The Company may terminate this Agreement immediately if the Affiliate breaches any of its obligations under this Agreement or engages in any fraudulent or illegal activity.
Survival. Upon termination of this Agreement, any provisions that by their nature should survive termination will survive, including but not limited to provisions relating to confidentiality, indemnification, and limitations of liability.
Dispute Resolution. Any dispute arising out of or in connection with this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the English language. The arbitration award will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Waiver of Class Actions. The Affiliate agrees to waive any right to bring or participate in any class action against the Company. Any disputes will be resolved on an individual basis, and the Affiliate will not be entitled to any relief on a class, collective, or representative basis.