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eOneNet Affiliate Agreement

This Agreement is made between eOneNet.com Sdn.Bhd. and the individual or company who applies to join as Affiliate of eOneNet Affiliate Program In this Agreement, we means eOneNet and you means the applicant.

Application as an Affiliate
To apply to join eOneNet 2 tier Online Affiliate Program, you should submit a completed online application form via our site. We will evaluate your application and notify you whether you are accepted or not in due course. We may in our absolute discretion reject your application if we determine that your site is unsuitable for the Program for any reason, including but not limited to, inclusion of contents which are unlawful, unethical, obscene, threatening, or promotion of violence, discrimination based on sex, race, religion, disability or age, or inclusion of eOneNet or variations thereof as part of your site domain name. If we reject your application, you are welcome to reapply at any time.

Links to Our Site
Once we shall have notified you via email that you have been accepted into the Program, we will give you easy instructions as to how to set up links to our site. You may display our links to your site or attach our links to your emails in any way you like. You are only entitled to use our links and licensed materials subject to the terms and conditions of this Agreement and shall not modify or change the same in any way.

Handling of Transactions
We will handle all enquiries, orders, and fulfillment from customers who click to our site through your links to our site. We reserve our right to accept or reject any orders in our absolute discretion. We will be responsible to track sales generated through your links and make available to you reports summarizing the sales activity. We may in our absolute discretion vary the contents, form and frequency of the reports from time to time.

Affiliates Ranks
There are 3 ranks of affiliates

A. Affiliate
A new affiliate will join as Affiliate, for free.

B. Affiliate Manager
An Affiliate who has earned accumulated commission of US$3,000 calculated from personal sales and own entire affiliate network sales (no time limit) will be promoted to Affiliate Manager.

An Affiliate may jump-rank to Affiliate Manager by purchasing eOneNet products or subscribe to eOneNet services worth a total of US$1,500 within a period of 3 months (for affiliate own purchase only)

C. Super Affiliate Manager
An Affiliate Manager who has earned accumulated commission of US$15,000 (calculated from personal sales plus entire affiliate network sales) will be promoted to Super Affiliate Manager.

Payout Plan Schedule
Affiliates can earn commission on sale of eOneNet products and services through your links to us calculated as follows.

A. Commission from own sales

Product

Price

Affiliate

Affiliate Manager

Super Affiliate Manager

Web Creator

 

15%

20%

25%

Web Hosting

 

15%

20%

25%

ECommerce Merchant Account

 

15%

20%

25%

Email Marketing

 

15%

20%

25%

Internet seminar

 

15%

20%

25%

Internet Success Coaching

 

15%

20%

25%

Internet DVD

 

15%

20%

25%

Banner / Ezine Ads

 

15%

20%

25%

Search Engines Optimization

 

15%

20%

25%

Domain Name

 

15%

20%

25%

Web Design

 

15%

20%

25%

Promotional Items / Rates

 

normal commission rate @50%

B. Recurring residual income from own sales

Recurring Income

Affiliate

Affiliate Manager

Super Affiliate Manager

Rate

4%

6%

8%

Note: Recurring income only applicable for affiliates earning commission of not less than US$1000 on a yearly basis

C. Second tier commission from own affiliate network,
i.e. affiliates who are directly referred by you

Product

Affiliate

Affiliate Manager

Super Affiliate Manager

Items stated above @ normal rate

5%

7.5%

10%

Items stated above @ promotional rate

2.5%

3.75%

5%


Annual Administrative Fee

Annual Administrative Fee

Affiliate

Affiliate Manager

Super Affiliate Manager

Fee per year

Free

US$100

US$200

 

Waiver for annual admin fees if earned more than
Affiliate Manager US$50,000 per year
Super Affiliate Manager US$100,000 per year

Note: This Payout Plan is subject to change from time to time in the absolute discretion of eOneNet.com, which will be effective from the date of change posted in this page. Please visit this page from time to time to check the updated rates.
Fees
No fee is charged for participation in eOneNet Affiliate Program as Affiliates. There is an annual administrative fee for Affiliate Manager and Super Affiliate Manager as above.

Performance Quota
No monthly quota or personal purchase required of you in order for you to be qualified for payment of commission, except for recurring residual income as stated above.

Right To Change Commission and Fee
We may in our absolute discretion change the commission structure, the rate of commission or fee charged from time to time upon notice to you via your registered email address or posting a notice of the change in our site. Should there be any disputes as to the referral of customers, our decision shall be final and binding.

Commission Payment
Commissions are payable on a monthly basis approximately forty five (45) days following the end of each calendar month to the payee bank account stated in the application form via bank telegraphic transfer, less prescribed bank charges, any taxes or other amounts required to be withheld under any applicable law or this Agreement. If the amount of commission payable for any calendar month is less than US$100, we will hold the commission until the total amount of commission payable exceeds US$100 or until this Agreement is terminated (whichever is earlier). If a customer demands refund of money, we will deduct the corresponding commission from your next month payment. If there is no subsequent payment, we will demand you to pay us back the refund.

Customers of eOneNet.com
Customers who buy products through this Program are deemed to be customers of eOneNet.com. We have the absolute discretion to determine or change pricing and policies from time to time. The personal information of customers collected by us are our property and you shall have no right to it.

Publicity
You may not create or distribute any materials or post any contents on your site or anywhere else which make reference to us without our prior approval, which approval will not be unreasonably withheld.

No SPAMMING
Sending unsolicited emails to promote this Affiliate Program or our products and services herein without the express consent of the email recipients is strictly prohibited. Without limiting the generality of the foregoing, you must comply with the laws regarding sending emails, in particular, the CAN-SPAM Act 2003 of the United States of America and any subsequent amendments thereof, and the laws of Malaysia and other countries as may be enacted to deal with this matter. If you breach this clause, we are entitled to terminate this Agreement immediately without notice and any outstanding commissions owing to you will be forfeited as partial settlement of our liquated damages and you shall fully indemnify us against all consequential loss and damage, costs, action and proceedings, as may be suffered by us.

Email Compliance Rules
You should comply with the following rules when sending emails that (a) contains eOneNet.com links and/or mentions eOneNet.com or its products or services, (b) direct recipients to eOneNet.com links, (c) directly or indirectly promote eOneNet.com services/products and/or other members/merchants of eOneNet.com network: - An email shall not contain misleading or falsified headers, false registration of email accounts or IP address used in connection with the email for the purpose of deceiving or misleading recipients as to the origin of the email, or deceptive subject headings. ?An email should contain a clear notice of unsubscribe opportunity and a return email address for unsubscribe request, which should remain functioning for no less than 30 days after the sending of the emails.
You should not send email to those recipients more than 10 business days after the unsubscribe request.
You should not sell or lease the email addresses of the recipients who have opted out.
An email should contain clear identification that the message is an advertisement or solicitation.
An email should contain a valid physical postal address of the sender.
Emails should not be sent to email addresses harvested by automated means
You should not use scripts or other automated means to register for multiple email accounts or online user accounts from which to send emails
You should not relay or retransmit emails from a computer or computer network that was accessed without due authorization
You should also comply with all other rules, regulations and law governing sending of commercial emails in the United States of America, Malaysia and other countries, where applicable.
If you breach or fail to to comply with any of these rules, and/or any applicable law or regulation, you shall indemnify eOneNet.com and its network of members / merchants against all loss, damage, penalty, costs and expenses as may be suffered arising from your act or omission in sending the emails.

Non-exclusive Licence
Once you shall have been approved as our Affiliate, you are granted a non-exclusive and revocable right to use the logo, graphic images and other links provided by us solely for the purpose of identifying you or your site as an Affiliate of the Program and to assist you to generate sales under the Program. You may not modify our logo, graphic image or any of our links in any way. We expressly reserve all our rights in our logo, trade names and trademarks, and other intellectual property rights. We may revoke your licence at any time by giving you written notice via email.

Use of Affiliate Trade Names and Logos
While you remain as our Affiliate, you grant us non-exclusive licence to use your trade name, logos or trademarks and at our discretion, to advertise, promote or publicize in any manner the same. You hereby warrant and represent that you are the sole owner of the trade name, logos and trademarks and your grant of such licence does not constitute an infringement upon any trademark, trade name, copyright or other intellectual property rights.

Site Contents and Maintenance
You are soley responsible for the development, operation and maintenance of your site and for all contents on your site, including but not limited to, the technical operation of your site, creating links from our site to your site. You shall ensure that the contents posted on your site or the emails attached with our links sent out by you or your agents or nominees do not violate or infringe upon the intellectual or other rights of any third parties and are not defamatory or otherwise unlawful. We hereby disclaim all liabilities in connection with these matters. You shall further ensure that your site will not in any way resemble the look and image of our site nor will you create the impression that your site is part of our site. You also agree that your site will not contain any content of our site or any materials which are proprietary to us except with our written consent or which are provided to you through this Program.

Term
This Agreement will commence upon our acceptance of your application until terminated by either party at any time, with or without cause, by giving written notice to the other party. If we terminate this Agreement on the ground that you have breached any terms of this Agreement, you are not entitled to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are entitled to receive commission earned up to the date of termination provided that the orders are not cancelled or returned. The final payment will be made to you six (6) months after the date of termination.

Amendments
We expressly reserve our exclusive right to amend any terms and conditions contained in this Agreement, including but not limited to the scope of commissions, the rate of commissions, payment procedures and Program rules, at any time in our sole discretion, by posting a notice of change or a new agreement on our site. If any amendments are not acceptable to you, your only recourse is to terminate this Agreement by giving us written notice. Your continued participation in the Program following our posting a notice of change or a new agreement on our site will constitute your acceptance of the amendments.

Relationship
The relationship between you and us in this Program is that of independent contractors. Nothing contained 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 or enter into any agreement on our behalf. You will not make any statement whether on your site or otherwise that would contradict anything in this Section.

Representations and Warranties
You hereby represent and warrant to us that:
This Agreement constitutes a legal, valid and obligation enforceable against you in accordance with its terms.
No consent, approval, or authorization of, or exemption by, or filing with, any government authority or any third party is required to be obtained or made by you in connection with the execution and performance of this Agreement or the taking by you of any other action described herein.
There is no pending, or to the best of your knowledge, threatened claim, action or proceeding against you

Limitation of Liability
We will not be liable for indirect, incidental, special, consequential, punitive or multiple damages, including without limitation any damages resulting from loss of business, revenue, profits, or data arising in connection with this Agreement, the Program or our performance of our services or any obligations relating to this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or in connection with this Agreement or otherwise will not exceed the total commission paid or payable to you under this Agreement.

Disclaimer
We make no express or implied warranties with respect to the Program or any products or services sold through the Program (including without limitation, warranties of non-infringement). In addition, we make no warranty or 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.

Indemnification
You shall indemnify us, our subsidiaries and Affiliates, and our directors, shareholders, officers, employees, and agents against all claims, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) which arise out of or incidental to :
our use of your trade names, trademarks, logos;
any misrepresentation or breach of warranties or agreement made by you;
any claim related to your site or promotion of this Affiliate Program or our products and services herein ;
(d) any claim arising from your non-compliance and/or breach of the laws of Malaysia, the United States of America and other countries, or any international laws affecting the Internet and promotions using the Internet and emails.

Independent Investigation
You acknowledge that you agree to be bound by all the terms and conditions contained in this Agreement. You understand that we may at any time change the terms of this Program in our absolute discretion and that we may operate web sites which are similar or compete with your web site. You have independently evaluated this Program and are not relying on any representation, guarantee, or statement other than set forth in this Agreement.

Notice
Notice shall be deemed to be duly served by:
sending an email to the last known email address of either party; or
sending a letter by ordinary mail to the last known address of either party.

Enforceability
This Agreement will be binding on and inure to the benefit of and enforceable against the parties and their respective successors and assigns or personal representatives. You may not however assign this Agreement, by operation of law or otherwise, without our prior written consent. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision subsequently.

Governing Law
This Agreement will be governed by the laws of Malaysia. Any action relating to this Agreement must be brought in the courts located in Kuala Lumpur, Malaysia and you irrevocably consent to the jurisdiction of such courts.
By checking the following in the Program application form, you acknowledge that you have read and accepted the terms and conditions of this Agreement


 
 
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