Partner Program Terms
Updated 15 February, 2021
Agency 678™ – Partner Program Terms and Conditions
To be an authorised Agency Partner of www.agency678.com, you agree to abide by the Terms and Conditions contained in this Agreement.
As used in this Agreement:
In order to maintain a high quality program for Partners, Agency 678 monitors all Partner Program activity and does not accept any Partners whose web site(s) or online activity does not comply with this Agreement.
1. Agency 678 Partner Program Agreement
2. Statement of Investigation
2.1. Independent Evaluation: You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You acknowledge that you have independently evaluated the desirability of purchasing and using the Agency678.com Product and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
2.2. Jurisdiction: You acknowledge and understand that as well as being bound by this Agreement, you may be subject to laws in your own jurisdiction, including (but not limited to) laws and regulations relating to affiliate marketing, referral selling, privacy and information gathering, electronic communications, fair trading, tax, financial reporting and company or other corporate reporting. You are responsible for compliance with the laws of your own jurisdiction and you should seek independent legal and financial advice in your jurisdiction to ensure that your use of any Agency678.com Product or service, including your membership to the Agency 678 Partner Program, does not breach the laws of your jurisdiction.
2.3. Agency 678 Products: You acknowledge and understand that you are NOT required to purchase any product, including any Agency 678 product, or acquire any service, to be eligible to enter the Agency Partner Program. Membership to the Partner Program is by application only.
3. Application to the Agency 678 Partner Program
4. Disclaimers
5. Promotional Methods
6. Linking Your Site to Agency 678 and Limited License Grant
7. Ownership of Links and Agency678.com Marks
8. Commission (Partner Financial Compensation)
9. Fraud
Agency 678 actively monitors traffic, actions, commissions and other Partner Program related activities for potential fraud. If Agency 678 suspects that your account has been used in a fraudulent or non-bona fide manner, your account may be deactivated effective immediately and with no notice to you, pending further investigation. If you add actions, or inflate actions, through the use of fraudulent means of traffic generation, as determined solely by Agency 678, you will forfeit all of the payments related to that Program and your Partner account will be terminated effective immediately. Agency 678 reserves sole judgment in determining fraud, and you agree to be bound by any and all such determinations as a final judgment on the matter. It is your OBLIGATION to prove to Agency 678 that you have NOT engaged in fraud. Agency 678 will freeze all of your commission payments until you have satisfactorily provided evidence that demonstrates to Agency 678 that you have not engaged in fraud. If you are unable to provide Agency 678 with satisfactory evidence that you have not engaged in fraud within seven (7) days of your commission payment(s) being frozen,” then Agency 678 reserves the right to terminate your Partner account and cancel any payments due to you, at its sole discretion and without any further obligations to you.
10. Obligations Regarding Your Site
You are solely responsible for the development, operation, and maintenance of Your Site and for all materials and content that appear on Your Site. Agency 678 will not be responsible for, and disclaims all liability for, any of the foregoing, and you agree to indemnify and hold Agency 678 harmless from: all damages; claims; fees (including legal fees on a solicitor/client basis); and expenses arising from or relating to the development, operation, or maintenance of Your Site and any content displayed on Your Site including but not limited to any claim that content displayed on Your Site infringes or misappropriates any intellectual property right of a third party. You agree that:
11. Term of the Agreement
The term of this Agreement begins upon Agency 678’s acceptance of your application for the Partner Program, and ends when terminated by either party in accordance with this Agreement.
12. Termination of the Agreement
13. Modifications of Terms and Conditions
Agency 678 may modify any of the terms and conditions contained in this Agreement and it will be the Partner’s full responsibility to check the terms & conditions on a regular basis. The current and accurate terms & conditions will be available on our website at all times with the Partner sign-up form. If a modification is unacceptable to you, you may terminate this Agreement by giving notice of termination to Agency 678 and following the procedures in clause 12 (Termination of the Agreement). If you do not give Agency 678 notice of termination in accordance with clause 12 and continue to display the Links on Your Site, then you will be deemed to have accepted the modifications. You acknowledge that by visiting the website from time to time and by using the Agency 678 Partner Program, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website and/or use the Agency 678 Partner Program.
14. Relationship of the Parties
You and Agency 678 are independent contractors, and nothing in this Agreement creates any partnership, joint venture, franchise, sales representative, or employment relationship between you and Agency 678. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Agency 678. You may not make any statement, whether on Your Site or otherwise, that would contradict anything in this section.
15. Confidentiality
16. Guarantee and Indemnity by directors/trustees
17. Limitation of Liability
18. Miscellaneous Provisions
Company
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Agency 678™
70 Arrow Street
Nelson, 7010
Nelson Bays
New Zealand
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