Terms of Use

 
SignitechNetwork.com

Signitech Network Affiliate Program Terms and Conditions

These Terms and Conditions is made by and agreed to between Signitech IT Solutions (“Signitech”), and you ("You"). As an application service provider, SIGNITECH facilitates "Performance Marketing Programs" by providing services ("Network Service") via the Internet. A "Performance Marketing Program" ("Program") is where a person, entity, affiliate or its agent, operating "Web site(s)" (internet domain, or a portion of a domain) and/or other promotional methods to drive traffic to another's Web site or Web site content ("Affiliate") may earn financial compensation ("Payouts") for "Transactions" (actions by Visitors as defined by the Merchant) referred by such Affiliate via an action made by a "Visitor" (any person or entity that is not the Affiliate or the Affiliate's agent) through an Internet connection ("Link") to a Web site or Web site content operated by another person or entity ("Merchant") from an Merchant authorized promotional method used by such Affiliate. The Merchant compensates the Affiliate, in accordance with this Agreement and the Program Payout specifications.

1. Participation in Programs.

(a) Acceptance by Merchant. During this Agreement You may apply to Merchant Programs for the opportunity to earn Payouts by promoting Merchants in accordance with the Merchant's Program terms and complying with this Agreement. Upon approval by the Merchant for acceptance into its Program, You may display (and remove) Links to Merchant's Web site or Web site content in accordance with the Merchant's Program terms and this Agreement. An Merchant's acceptance of You extends only to the entity, or individual, that enters into this Agreement with SIGNITECH.

(b) Program Terms. The details of an Merchant's Program shall be available through the Network Service. Transactions qualifying for a Payout are defined by the Merchant. Merchants may change any Payout rate with written notice

(c) Additional Terms. Affiliates and Merchants may enter into direct contractual relationships through agreement hosted by SIGNITECH and/or other agreement(s)

(d) Prohibited Uses of Links. (i) Locations. You may not place Links to an Merchant's Web site or Web site content in third party newsgroups, message boards, blogs, unsolicited email and other types of spam, link farms, counters, chatrooms, or guestbooks. Affiliates using IRC channels, instant messages or similar Internet resources must designate their program as special requiring manual review and acceptance by the Merchant. (ii) Non-Bona Fide Transactions. You must promote Merchants such that You do not mislead the Visitor, and such that the Links deliver bona fide Transactions by the Visitor to Merchant from the Link. You shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, or hidden frames. You may or may not be compensated for Transactions where You or Your agent are the Visitor. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions. You shall not earn Payouts for non-bona fide Transactions. (iii) Infringement. None of Your promotional activities may infringe an Merchant's proprietary rights (including but not limited to trademark rights), SIGNITECH's proprietary rights, or a third party's proprietary rights.

(e) Updating Links. If Links to Merchant are not dynamically updated through the Network Service, upon notification You are obligated to update an Merchant's Links in order to earn Payouts. (f) Emails. You hereby understand, acknowledge and accept that SIGNITECH, SIGNITECH systems, SIGNITECH partners' systems and/or third party systems may and has/have the right granted by You to send emails and other communications to You on behalf of SIGNITECH, Merchants, and other SIGNITECH partners and affiliates, including solicitation and service solicitation emails. You may have the ability to change some of Your email settings and preferences.

2. Affiliate Obligations to SIGNITECH.

(a) Accurate, Up-to-Date Information. You agree to provide SIGNITECH and Merchant with accurate information about You and Your promotional methods, and to maintain up-to-date “Account” information (such as contact information, Web sites used, etc.). In Your Account, You must accurately, clearly and completely describe all promotional methods by selecting the appropriate descriptions and providing additional information when necessary. Some promotional methods will be designated by the system as “special”. Special programs are linked to promotional methods and practices considered unique and require manual approval and acceptance by the Merchant. SIGNITECH reserves the right to define any program as special.

(b) Use of Links. You represent and warrant that all promotional means used by You will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others. You agree to: (i) use ethical and legal business practices, (ii) comply with the Merchants' Program terms and this Agreement, (iii) maintain a privacy policy on Your Web site and for any non-Web site based promotional method made available to Visitors, and (iv) designate Your Affiliate Account as “special” if You promote an Merchant(s) by any means other than displaying a Link to the Merchant on Your Web site. SIGNITECH must approve all of Your promotional activities and may deem Your promotional activities inappropriate and a material breach of this Agreement in SIGNITECH's sole discretion. Our network quality department reviews Affiliate conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by You through Your promotional methods, or that is perpetrated through use of the Network Service, is grounds for immediate termination of this Agreement or deactivation of Your Account.

(c) Promotional Methods. You represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern email marketing and/or communications. You represent and warrant that You will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Your site content /site visit or by downloadable software applications for which You are the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results. Pop up/unders must honor the SIGNITECH Affiliate Code of Conduct requirements.

(d) Personally Identifiable Information of Visitors. You represent and warrant that You will not enable the Tracking Code to collect personally identifiable information of Visitors that would allow SIGNITECH to personally identify Visitors.

(e) Privacy. You must conspicuously post Your privacy policy on Your Web site and otherwise make it available to all Visitors. Your privacy policy must comply with all laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose Your collection and use of Visitor information. You must fully and accurately disclose Your use of third party technology, including SIGNITECH's tracking technology, use of cookies and options for discontinuing use of such cookies.

(f) Applicable Codes and Code Maintenance. In order for SIGNITECH to record the tracking of Visitors' Transactions resulting from clicks on Links to Merchants promoted by You, You must include and maintain a SIGNITECH “Tracking Code” within the Merchant's Links. All Merchant Links and all advertisements ("Ad Content") must be in a Network Service compatible format.

(g) Usage and Security of Account. You shall be responsible for all usage and activity on Your account and for loss, theft or unauthorized disclosure of Your password (other than through SIGNITECH's negligent or willful conduct or omission). You shall provide SIGNITECH with prompt written notification of any known or suspected unauthorized use of Your Account or breach of the security of Your Account.


3. SIGNITECH's Services.

(a) Tracking Transactions and Payouts. SIGNITECH shall determine (where possible) actual Payouts that should be credited to Your Account. SIGNITECH may, in SIGNITECH's sole discretion, apply an estimated amount of Payouts, if: (i) You are referring Visitors to Merchant as verified by clicks through Links to Merchant with SIGNITECH Tracking Code, (ii) where there is an error in Merchant's transmission of Tracking Code data to SIGNITECH, and (iii) where SIGNITECH is able to utilize a historical analysis of Your promotion of Merchant to determine an equitable amount of estimated Payouts.

(b) Charge-backs. An Merchant may apply, or SIGNITECH may apply, a debit to Your Account in an amount equal to a Payout previously credited to Your Account in circumstances of : (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Transactions; (iv) non-receipt of payment from, or refund of payment to, the Visitor by the Merchant; or (v) Affiliate failure to comply with Merchant's Program terms or other agreement with Merchant ("Charge-back"). Charge-backs may be applied to Your Account at any time, including previous payment cycles.

(c) Access to Tracking and Reporting Tools. SIGNITECH shall provide You with access to tracking and reporting tools, and to support services. From time to time SIGNITECH may offer optional services for a fee. Fees for such optional services are at SIGNITECH's then-current published rates or as may be quoted by SIGNITECH, and are payable in advance or may be off-set against Your positive Account balance (at SIGNITECH's discretion). Tracking detail regarding Visitor Transactions is not available on a real-time basis for all Merchants and there may be reporting delays regarding Transactions for some Merchants. SIGNITECH may make available, for fees that SIGNITECH shall publish from time-to-time, enhanced reporting capabilities and other services that are not included in the standard Network Service.

(d) Support. Support for your program is available on-line through the "Contact Us" area in the SIGNITECH Account Manager, which allows You to categorize and describe Your issue. Online help also allows You to check the status of all issues through the "Check Question Status" feature. Phone support may also be available during operating hours, except holidays.

(e) Facilitating Payment of Payouts. Subject to other provisions in this Agreement, SIGNITECH shall credit Your Account with a Payout for each qualifying Transaction in accordance with the Merchant's Payout rate and Program terms for the relevant Transaction. On or about the 20th day of each calendar month, SIGNITECH will issue to You any positive balance in Your Account for Transactions reported for the previous month, provided Your Account balance exceeds the required “Minimum Account Balance.” SIGNITECH shall have no obligation to make payment of any Payouts for which SIGNITECH has not received payment from the relevant Merchant of all monies due to SIGNITECH (including for all Payouts owed by such Merchant to all of such Merchant's Affiliates). You agree that SIGNITECH has the right, but not the obligation, to seek on behalf of You any and all amounts due from Merchants, including, but not limited to Payouts. If SIGNITECH elects, in its own discretion, not to make payment to You for amounts not received from an Merchant, those amounts shall not be included in the Minimum Balance Amount. Your recourse for any earned Payouts not paid to You shall be to make a claim against the relevant Merchant(s), and SIGNITECH disclaims any and all liability for such payment. You may elect to receive payment in any of the currencies that SIGNITECH supports (as may be amended by SIGNITECH). The conversion rate shall be determined in accordance with SIGNITECH's operating standards. SIGNITECH has the right to assess service fees in order to process or stop your payment as necessary. The number or amount of Transactions, credits for Payouts, and debits for Charge-backs, as calculated by SIGNITECH, shall be final and binding on You.

4. Proprietary Rights.

(a) Linking to Merchants. For each Merchant's Program that You have been accepted to, the Merchant is granting to You the right to display and Link to the Merchant's Web site or Web site content in accordance with the Merchant's Program terms for the limited purposes of Promoting the Merchant's Program, subject to the terms and conditions of this Agreement. Your use of the Link signifies Your agreement to refrain from copying or modifying any icons, buttons, banners, graphics files or content contained in the Link, including but not limited to refraining from removing or altering any copyright or trademark notices. As between SIGNITECH and Affiliate, SIGNITECH owns all rights in and to all information regarding the Visitors that You refer to Merchants through SIGNITECH.

(b) SIGNITECH's Use of Your Marks. You authorize SIGNITECH to utilize Your trademarks, service marks, tradenames, and/or copyrighted material that You provide to SIGNITECH through Your Account to promote Your participation in the Network Services.

(c) Your Use of SIGNITECH's Proprietary Rights. You agree that Your use of any SIGNITECH Web site (such as www.Signitech.com) and Your use of any SIGNITECH trademarks, service marks, tradenames, and/or URLs is subject to the license and terms of use that are available from such Web site ("Terms of Use"). You explicitly agree not to adopt or use in any manner any trademarks, service marks, tradenames, and/or URLs that are the same or confusingly similar to, or are combined with, those of SIGNITECH.

(d) Retention of Rights. All proprietary rights of Merchants, You, and SIGNITECH, and all goodwill arising as a result of such rights, inure to the benefit of such owner.

(e) No Challenge to SIGNITECH's/Merchant's Proprietary Rights. You acknowledge that You obtain no proprietary rights in SIGNITECH's trademarks, service marks, tradenames, URLs, copyrighted material, patents, and patent applications, and agree not to challenge SIGNITECH's proprietary rights. You acknowledge that You obtain no proprietary rights in Your Merchants' proprietary rights, and agree not to challenge such Merchant's proprietary rights.

5. Confidentiality.

(a) Obligations. You or SIGNITECH may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party or that is reasonably understood to be proprietary and/or confidential ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality of and to protect any proprietary interests of the disclosing party. Confidential Information shall not include (even if designated by a party) information: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement. Upon termination of this Agreement, You must destroy or return to SIGNITECH any Confidential Information provided by SIGNITECH to You under this Agreement.

(b) Provision of Info to Merchants/Third Parties. You agree that SIGNITECH may, but is not obligated to, provide Your email address(es) and basic Affiliate Account detail (including but not limited to Your address, phone and fax number, Web site name, the date the website or subscription email first entered into operation, and visitor demographics) to Merchants. SIGNITECH may provide any and all Visitor, Transaction and/or Tracking Code data to the Merchant to which You referred such Visitor, and to any third party in SIGNITECH's sole discretion, including but not limited to all regulatory, legislative and judicial bodies, and pursuant to allegations and claims of proprietary rights infringement.

6. Term, Termination, Deactivation and Notices.

(a) Term. This Agreement shall commence upon Your indication that You have accepted this Agreement by providing the required information and ‘clicking through' the acceptance button on the SIGNITECH Web site and shall continue until terminated in accordance with the terms of this Agreement. This Agreement may be terminated by either party upon 15 days notice. This Agreement may be terminated immediately upon notice for Your breach of this Agreement. Your Account may be deactivated and/or Payouts may be withheld during investigation of breach of this Agreement. If this Agreement is terminated based upon Your breach, You shall not be eligible to enter into a new click-through Affiliate Service Agreement with SIGNITECH, and any attempt to do so shall be null and void.

(b) Termination by Merchant. An Merchant may terminate You, one of Your Web sites, or Your ability to use a promotional method, from the Merchant's Program for any or no reason, upon 7 days written notice with effect from the 8th day. Additionally, Merchant may terminate You from the Merchant's Program for breach of a third party's proprietary rights, and/or diluting, tarnishing or blurring an Merchant's trademarks, tradenames, and/or service marks, or for Your material breach of the Merchant's Program terms or of this Agreement.

(c) Termination or Deactivation by SIGNITECH. SIGNITECH may terminate You, one of Your Web sites, or Your use of a promotional method, from an Merchant's Program, at any time in SIGNITECH's sole discretion. Breach of any Section of this Agreement is cause for immediate termination from an Merchant's Program and/or termination of this Agreement, and may result in Charge-back of one or more Payouts. SIGNITECH may temporarily deactivate or terminate Your Account if: (i) You or Your agent are responsible for the improper functioning of Ad Content, or if You otherwise interfere with and/or fail to maintain the Tracking Code; (ii) Your Account has not been logged into and/or there have been no Transactions credited to Your Account for any 30 day period; (iii) You maintain a negative balance in Your Account; (iv) SIGNITECH determines You are diluting, tarnishing or blurring SIGNITECH's proprietary rights; (v) You begin proceedings to challenge SIGNITECH's proprietary rights; or (vi) a third party (including a SIGNITECH Merchant) disputes Your right to use any Link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered on Your Web site, or through any of Your promotional means. Upon termination of this Agreement, or in case of deactivation of Your Account, You shall no longer accrue Payouts in Your Account, including but not limited to subsequent sales and/or Leads for click-throughs that occurred prior to termination.

(d) Termination of Programs and Offers. Programs and Offers may be discontinued at any time.

(f) Post-termination. Upon termination of this Agreement, any outstanding payments shall be paid by SIGNITECH to You within 90 days of the termination date, and any outstanding debit balance shall be paid by You to SIGNITECH within 30 days of termination of this Agreement. All payments are subject to recovery for Charge-backs. Upon termination of this Agreement, any permissions granted under this Agreement will terminate, and You must immediately remove all Links to Merchant(s). Provisions of this Agreement that by their nature and context are intended to survive the termination of this Agreement shall survive the termination of this Agreement to the extent that and as long as is necessary to preserve a party's rights under this Agreement that accrued prior to termination.

7. Representations, Warranties, Disclaimers and Limitations.

(a) Business Operations. Each party will make reasonable commercial efforts to keep its Web site operational during normal business hours. However, the parties agree that it is normal to have a certain amount of system downtime and agree not to hold each other or Your Merchants liable for any of the consequences of such interruptions. SIGNITECH may modify the Network Service, or discontinue providing the Network Service, or any portion thereof, at any time.

(b) Authority. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.

(c) Non-infringement Warranties. You represent and warrant that: (i) You have all appropriate authority to operate, and to any and all content on, Your Web site(s); (ii) You have all appropriate authority in any promotional method you may choose to use; (iii) Your Web site(s) and Your promotional methods do not and will not infringe a third party's, a SIGNITECH Merchant's, or SIGNITECH's, proprietary rights; and (iv) You shall remain solely responsible for any and all Web sites owned and/or operated by You and all of Your promotional methods. SIGNITECH may or may not review all content on Your Web site or used by You in Your promotional methods.

(d) Compliance with Laws. You are responsible for compliance with the requirements of all relevant legislation (including subordinate legislation and the rules of statutorily recognized regulatory authorities) in force or applicable in the United States or in any other applicable territory, and warrant that no promotion method used by You or the content of Your Web site(s) will render SIGNITECH liable to any proceedings whatsoever.

(e) Limitation of Liabilities. ANY OBLIGATION OR LIABILITY OF SIGNITECH UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PAYOUTS PAID TO YOU BY SIGNITECH UNDER THIS AGREEMENT DURING THE YEAR PRECEDING THE CLAIM. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST THE OTHER PARTY TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT. YOU AGREE THAT SIGNITECH SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY ANOTHER AFFILIATE OR AN MERCHANT OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

(f) Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIGNITECH DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT SIGNITECH'S SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (D) AGAINST INTERFERENCE WITH ENJOYMENT OF THE AFFILIATE'S INFORMATION OR WEB SITE. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SIGNITECH IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY MERCHANT OR AFFILIATE, OR SUCH MERCHANT OR AFFILIATE'S WEB SITE(S), AND/OR THE CONTENT OF AN MERCHANT'S WEB SITE OR THAT AN MERCHANT MAKES AVAILABLE THROUGH THE NETWORK SERVICE.



I also agree to obey all the terms and condition associated and defined with every campaign unconditionally.



Contact Information:
Signitech IT Solutions Office no. 13, First floor, Sunshree Woods Commercial complex, NIBM Road, Kondhwa,Pune-411048, Maharastra India. Telephone: +912039397861




Home | About Us | FAQs | Terms of Use | Privacy Policy | Contact Us
© All Rights Reserved to SignitechNetwork.com