eBay listing software - Affiliate Program

Olive Branch Communications Inc. - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	This Agreement ("AGREEMENT") is a legal agreement between you ("AFFILIATE") and Olive Branch Communications Inc. ("PUBLISHER"), publisher of Listomax software and service ("LISTOMAX"). To be an authorized member of the Listomax Affiliate Program ("PROGRAM"), AFFILIATE agrees to abide by the terms and conditions contained in this AGREEMENT. By signing up for the PROGRAM, AFFILIATE indicates acceptance of this AGREEMENT and its terms and conditions. 1. The term of this AGREEMENT will begin upon PUBLISHER's acceptance of your Affiliate application and will end when terminated by either party. Either AFFILIATE or PUBLISHER may terminate this AGREEMENT at any time, with or without cause, by giving the other party written notice of termination. AFFILIATE is only eligible to earn referral fees on sales occurring during the term. 2. AFFILIATE represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions or countries and, in any event, is at least 18 years of age. 3. PUBLISHER reserves the right to amend this AGREEMENT as needed from time to time, and AFFILIATE agrees that any such amendment will apply to AFFILIATE. The continuation of Affiliate status or AFFILIATE's acceptance of income or bonuses shall constitute AFFILIATE's acceptance of any and all amendments. 4. AFFILIATE may not assign this AGREEMENT, by operation of law or otherwise, without PUBLISHER's prior written consent. Subject to that restriction, this AGREEMENT will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. 5. Limitation Of Liability: PUBLISHER will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this AGREEMENT or the Program, even if PUBLISHER has been advised of the possibility of such damages. Further, PUBLISHER's aggregate liability arising with respect to this AGREEMENT and the Program will not exceed the total referral fees paid or payable to AFFILIATE under this AGREEMENT. 6. Independent Investigation: AFFILIATE acknowledges reading this AGREEMENT and agrees to all its terms and conditions. AFFILIATE understands that PUBLISHER may at any time, directly or indirectly solicit customer referrals on terms that may differ from those contained in this AGREEMENT or operate web sites that are similar to or compete with AFFILIATE's web site. AFFILIATE has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee or statement other than as set forth in this AGREEMENT. 7. Referral Commissions and Payments Procedures: The amount of referral commissions due to AFFILIATE will be as follows: For a sale which PUBLISHER make as a result of a direct referral by AFFILIATE, that AFFILIATE will generally receive a commission fee of $20.00 per sale for the first 100 sales. There will be a commission fee of $25.00 per sale paid for all sales between 101 and 200 sales. There will be a commission fee of $30.00 per sale paid for all sales between 201 and 300 sales. A commission will only be credited to AFFILIATE after the customer has made full payment to us. If a customer later requests a refund or a charge back is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited AFFILIATE will be deducted from the next monthly payment. If there is no next monthly payment, AFFILIATE will be billed and hereby agrees to be bound by law to reimburse PUBLISHER in full for any such commissions. Payments will be issued via Pay Pal only, made payable to AFFILIATE in the name AFFILIATE submits in his or her online registration, and emailed to the email address provided by AFFILIATE. AFFILIATE must have accumulated commissions of at least $100 for a given payment period before a check will be issued. If commissions are less than $100 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $100. 8. AFFILIATE agrees that AFFILIATE is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of PUBLISHER. AFFILIATE further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of PUBLISHER. 9. AFFILIATE will be directly responsible for all tax liabilities, including without limitation, liabilities to any agency with respect to any earnings or payments made as a result of AFFILIATE's promotion of Listomax. AFFILIATE further agrees to indemnify and reimburse PUBLISHER in the event of any claim for assessment by any foreign, United States federal, state, and/or local taxing authority. PUBLISHER reserves the right to withhold any payments until AFFILIATE has furnished to PUBLISHER a properly executed W-9 form as prescribed by the Internal Revenue Service. 10. Tracking of Sales: PUBLISHER is solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to AFFILIATE. PUBLISHER will make every effort to ensure accurate tracking of referrals made by AFFILIATE. AFFILIATE will be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by PUBLISHER to track sales, AFFILIATE hereby acknowledges and accepts that the tracking system employed by PUBLISHER is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to AFFILIATE for any number of possible reasons, some of which might be: Failure by AFFILIATE to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on; deliberate or accidental actions by customers to circumvent AFFILIATE's special URL so that PUBLISHER's software is unable to accurately track that sale; bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time; acts of a nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information. As such, AFFILIATE will not hold PUBLISHER liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software. PUBLISHER will pay referral fees on any future sales after the customer has re-entered PUBLISHER's site by use of a cookie placed on the end user's computer. If, through no fault of PUBLISHER, the cookie is removed or not allowed by the end user, that customer's purchase may be tracked only if customer enters PUBLISHER's site directly through a link from AFFILIATE's site. The cookie will expire at the end of 3 months. 11. AFFILIATE will not engage in any SPAM of any kind, nor will AFFILIATE engage in any unauthorized message board, messenger service or other online posting. PUBLISHER also considers ANY type of advertisement about Listomax posted to a newsgroup or chat room to be SPAM. For the purpose of this AGREEMENT, SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Listomax, who has not specifically requested the information directly from AFFILIATE. "Unsolicited" and "Unauthorized" are defined as any solicitation not expressly requested or warranted by any organization or site mentioned above. Use of SPAM may result in the immediate suspension or termination of AFFILIATE's account. AFFILIATE will also be in violation of this AGREEMENT and subject to legal action and be held liable for any financial loss incurred by PUBLISHER. 12. AFFILIATE will not engage in any advertising utilizing spyware or adware of any kind. This includes "permission" based adware software, used exclusively for the delivery of popup or related ads. In the event that AFFILIATE has an application that delivers advertisements, express permission must be granted in writing from PUBLISHER to allow any promotion. AFFILIATE will also not attempt to "bundle" Listomax from PUBLISHER with any other software, regardless of user permission or otherwise, unless expressly permitted to do so in writing by PUBLISHER. PUBLISHER has no past or existing "bundling" arrangement of any kind, so AFFILIATE shall not bundle Listomax software with any other unless expressly permitted in writing to do so by PUBLISHER. 13. AFFILIATE agrees to present Listomax products and services as set forth at the official Listomax Website. AFFILIATE will make no claims regarding products or services beyond what is stated at the official Listomax Website. 14. PUBLISHER is not responsible for technical problems, acts by third parties, or other events outside PUBLISHER's reasonable control which may temporarily disrupt or diminish service. PUBLISHER's failure to enforce AFFILIATE's strict performance of any provision of this AGREEMENT will not constitute a waiver of PUBLISHER's right to subsequently enforce such provision or any other provision of this AGREEMENT. 15. If AFFILIATE acquired this product in the United States, this AGREEMENT is governed by the laws of the State of California. If this product was acquired outside the United States, then local law may apply.
	I have read, understand and agree to the above terms and conditions.

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