This Agreement is made between the Affiliate and Kingfisher Maps, Inc. (www.kfmaps.com), and sets forth the points of a relationship between the two parties.
1. Description of the Program
Upon acceptance of your application, you will be able to participate as an affiliate (“Affiliate”) of the Kingfisher Maps, Inc. Affiliate Program. As an Affiliate, you will have the opportunity to establish links from your Web site (“Your Site”) as designated by you, to Kingfisher Maps, Inc. web site at the location designated by us (“Our Site”). By establishing links from Your Site to Our Site, you will have the opportunity to earn commissions on the sales of products offered in Our Site.
2. Applying to Become an Affiliate in the Program
To become an Affiliate in the Program, submit a complete Program application via our site (www.kfmaps.com). Upon evaluation of your application we will notify you of our acceptance or non-acceptance of Your Site as an Affiliate. Kingfisher Maps, Inc. may reject your application if it is determined that Your Site is unsuitable for the Program. Unsuitability includes, without limitation, the fact that Your Site contains material that is violent, threatening, harmful, obscene, pornographic, unlawful, discriminatory, defamatory, infringing, harassing, offensive or otherwise objectionable or inappropriate.
3. Establishing Links from Your Site to Our Site
Upon notification that Your Site has been accepted into the Program, you may begin establishing links from Your Site to Our Site as described in this paragraph. You may then feature Our Products on Your Site. At your discretion, you will provide a link to Our Product directly from the promotion on Your Site to the ordering page of Our Site using the URL(s) designated by us. Kingfisher Maps, Inc. will provide you with a digital version of Our Logo and various promotional and product materials for posting to your site.
4. Earning Referral Fees for Qualifying Orders
Kingfisher Maps, Inc. will pay you referral fees (“Referral Fees”) on the completion of sales of Our Product(s) to consumers if (a) the consumer follows a link from Your Site to the ordering page of Our Site at the URL designated by us and (b) the consumer purchases Our Products using the ordering system of Our Site.
5. Amount of Referral Fees
We will pay you Referral Fees on Qualifying Orders according to referral fee schedules to be established by us from time to time. Our current fee schedule is as follows: For each Qualifying Order for Kingfisher Maps, Inc. products or licenses, Kingfisher Maps, Inc. will pay you 7% of the order price not including any taxes or shipping charges. All amounts specified in this Agreement are in USD.
6. Method and term of Payment of Referral Fees
Kingfisher Maps, Inc. will pay you the Referral Fees upon reaching a balance of $50 USD or more. We will send you a transfer to your PayPal account for the Referral Fees or via check earned by you on Qualifying Orders less any taxes that we are required by law to withhold or shipping charges.
7. Relationship of the Parties
You and Kingfisher Maps, Inc. are independent contractors, and nothing in this Agreement will create any joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates do not have authority to make or accept any offers or representations on the behalf of Kingfisher Maps, Inc. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Clause.
8. Limitation of Liability
Kingfisher Maps, Inc. is not liable to you or any third party for any indirect, special, exemplary, punitive, incidental or consequential damages, for any loss of profits, revenue, data or services, arising in connection with this Agreement, the Program, Our Products or Our site. Further, our liability arising with respect to this Agreement, the program will in no event exceed the total referral fees paid or payable to you under this Agreement.
You may not assign this Agreement, by operation of law or otherwise, without Kingfisher Maps, Inc.’s prior written consent, and any attempted assignment in violation of this Agreement shall be null and void.
The Parties shall exercise their best efforts to resolve by negotiation any dispute, controversy difference between them arising out or relating to this Agreement.