Implix.com Affiliates

Implix Affiliate Program Terms and Conditions

Implix refers to Implix USA Inc. based in Delaware, USA, with registered office address at
The Affiliate is a person or an entity that has registered with the Implix Affiliate Program. The term "Affiliate" does not imply any formal association with Implix.
By this agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise the Implix Affiliate program and the following products or services: GetResponse, WebsiteWizard, HyperTracker, EbookGold, BizMint, DynamiteCovers, hereinafter referred to as "Products".

1. Participation in Program

To enroll in the Implix Affiliate program, the Affiliate must fill out the registration form with current, complete, and accurate information. If there is a need to update this information, the Affiliate should contact the Affiliate Department and inform them about the change(s). The Affiliate Department can be reached at: http://affiliates.css.implix.com/ModSupportTicket/CreateTicket/visitor

Providing false information in the registration form will result in immediate termination from the program and will forfeit all outstanding Affiliate Sales Commissions.
Implix reserves, at its sole discretion, the right to refuse to anyone participation in the Affiliate Program at any time. Implix also reserves the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.
Upon registration, the Affiliate must accept the Terms of Service stated herein, and the Implix Anti-Spam Policy.
The Affiliate can purchase Implix products through their own referral link and will receive Affiliate Sales Commissions from those purchases.
Any attempt to artificially inflate Affiliate Sales Commissions will result in immediate termination of this agreement and will forfeit all outstanding Affiliate Sales Commissions.
In particular, the Affiliate cannot register to the Implix Affiliate Program as a sub-affiliate of themselves.

2. Obligations of Implix:

Implix agrees:

to pay Affiliate Sales Commissions on sales of Implix products referred directly by the Affiliate
to grant the Affiliate access to their Affiliate account - login and password protected area where the Affiliate can look up their affiliate URLs, information about referred sales and commissions
at its sole discretion and choice, to grant the Affiliate access to materials containing Implix products, logos, and / or other promotion materials ( hereinafter referred to as "marketing materials"). It does not imply any obligation to deliver such materials to the Affiliate

3. Affiliate Obligations

The Affiliate agrees:

to receive commercial information about the Affiliate program and Implix Products
that participation in the Affiliate Program is at their sole risk
that trademarks and other materials, in particular, but not limited to, the marketing materials, are the property of Implix and may be used by the Affiliate for promotion of Implix products and services in relation to the Affiliate Program only according to the instructions of Implix. The instructions are placed on the Affiliate Panel
to be responsible for all taxes and other similar levies applicable to the Affiliate Sales Commissions pursuant to any law or regulation. The Affiliate shall report Affiliate Sales Commissions to their tax authorities as required by applicable law
to provide Implix, with current, full and accurate details or documents within two (2) days from the initial request, should Implix be responsible for provision of such documents or details under any tax law or regulation. In particular, if an Affiliate is a U.S. citizen, resident, or organization, Implix shall require a tax ID, or Social Security number in case of individuals, a tax registration name, and a tax classification.

The Affiliate shall market and advertise the Affiliate Program and/or Products diligently and in goodwill, and shall develop, operate and maintain their website and referral links, at their sole cost, expense, and risk.
The Affiliate shall be solely responsible for all materials that appear on their site. The Affiliate should strictly adhere to all applicable laws and regulations in conducting theis business, and more specifically in marketing and advertising the Implix Products. Note that these trademarks and other materials provided by Implix at the Affiliate panel are the subject of copyrights of Implix and the Affiliate is authorized to use these materials only in such a way it is advised within the instructions.
Should the Affiliate want to use these trademarks and/ or other materials otherwise than stated in the instructions, they are required to receive a prior permission from Implix in written.
In the event the Affiliate used these trademarks and other materials violating the provisions above, Implix shall, with no limitations to its rights arising out of the copyrights laws and laws protecting trademarks, send a warning message and call the Affiliate to stop the unauthorized use of the trademarks and other materials of Implix and, at its sole discretion, terminate the Agreement immediately.
The Affiliate represents and warrants to Implix that this Agreement has been duly and validly executed and constitutes a legal obligation, enforceable with the terms of this Affiliate Agreement.
The Affiliate shall not send unsolicited e-mail and shall not send e-mail nor any other communication to a recipient if the recipient has not expressed their prior consent.
The Affiliate shall acknowledge and clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Implix Products are, and shall continue to be, the exclusive property of Implix.
Implix shall have the right to approve or decline the graphics, logos, banners and other materials used by the Affiliate in relation to the referral link to the Implix Products and to make suggestions related to this issue to the Affiliate.
The Affiliate agrees to conform to the suggestions made up to them by Implix, in particular the Affiliate is obliged to make changes to their website and other marketing materials used to promote Implix Products.
The Affiliate is not allowed to associate any marketing materials with pornography, adult rated material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or company.
The Affiliate agrees that their participation in the Affiliate Program is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including these Terms of Service.
Furthermore, the Affiliate agrees that they shall not (i) associate any content made available on the Affiliate Panel, in particular, the marketing materials or (ii) offer to provide any goods or services, or (iii) engage in business practices that:

are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate Implix's rules or policies
victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
associate any content broadcasted through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, or any material which may be insulting to another person or company
infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos
contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party
impersonate any person or entity, including any of our employees or representatives
violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, antidiscrimination or false advertising
offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice
are associated with any form of gambling or lottery type services
are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites
are associated with the sale of:

any controlled drug that requires a prescription from a licensed practitioner; or
any over-the-counter drug, or
nonprescription drugs

are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters
are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons
market for:

nicotine, nicotine products, products imitating nicotine products, symbols relating to smoking or nicotine
alcohol of any kind
drugs of any kind, products relating to drugs, symbols relating to drugs, the use of drugs of any kind
medical services, medical aid, medical assistance, medicines
video lotteries, cylindrical games, card games, dicing, and automated games

call on minors directly to purchase Implix Products
encourage minors to influence their parents or other persons with an aim of impelling them to buy Implix Products
take advantage of minors' trust upon their parents, teachers or other persons
unreasonably show minors in dangerous situations, or
use the Service to affect to subconscious of a recipient.

4, Referral links/Cookies

Upon registration, Implix assigns the Affiliate referral links which redirect to an Implix website.
The referral links contain a unique affiliate login assigned to the Affiliate. This information is saved on the computer of the visitor, who enters the Implix website thru the referral link, in the form of a cookie.
The Affiliate Sales Commissions are tracked through the use of cookies. In some cases, it will not be possible to track traffic from the Affiliate's site to an Implix website, because the visitor is using cookie-blocking software. Implix is only responsible for paying commissions on sales that can be tracked back to the Affiliate using the technology in use by Implix.
Furthermore, Implix uses a "first Affiliate owns the visitor" system, under which a particular Internet user is assigned to the first Affiliate whose referral link he or she clicked on to visit an Implix website. For instance, the user visits Affiliate A; then enters Implix website but does not make a purchase; then later visits Affiliate B; enters Implix website and makes a purchase. In this case, the buyer is assigned to Affiliate A, and the commission is paid to Affiliate A.

5. Sub-Affiliates

The Affiliate can refer new Affiliates (hereinafter referred to as "Sub-Affiliates") to the Program, unless set by Implix otherwise.
The Affiliate may receive a commission of 10% from a sale emanating form referrals of the Sub Affiliate who has been enrolled to the Program by the Affiliate personally. These sales refer to promoting the following Implix products only: GetResponse, WebsiteWizard, HyperTracker, EbookGold, BizMint, DynamiteCovers.

6. Affiliate Sales Commissions

The Affiliate shall receive a sales commission for each sale made up by a customer referred by the Affiliate. It means that the Affiliate will receive the sales commission upon accepted payment if only the customer was referred thru the referral link and the Customer's software allowed Implix to save a referral cookie.
Commissions are calculated as a percentage of the amount paid by the customer referred by the Affiliate. The standard commission rates are provided on the Affiliate Panel. In most cases, the standard rate amounts to 30% from sales emanating from the Affiliate referring an Implix product to others, unless otherwise stated or negotiated between the Affiliate and Implix.
Implix reserves the right to discount the price of the products for chosen customers. As commissions reflect a percentage, not a particular sum, it is possible that the commission on the sale of the same product may be different every month.
The commissions are calculated on the last day of each month following the sales commission pointed on the Affiliate's panel. The Affiliate is entitled and has a right to check the sales commissions due on their Affiliates panel.
If the balance owing in the affiliate account exceeds USD 50, Implix shall issue the affiliate payment in the form of USD check, unless other provisions are made. Based on internal risk analysis, Implix reserves the right to withhold first time payments, and any other payments originating from an account where there is suspected fraud activity, for a period of up to 3 months.
Affiliate checks are mailed via regular mail to the address provided upon registration, on or around the 20th of every subsequent month.
If on the last day of the month the balance owing in the account is less than USD 50, the commission will be accumulated in the account.
Implix reserves the right to change the rate of commission and product prices at any time. Any Affiliate Sales Commissions accrued after such a change will be at the new rate.

7. Refunds/Chargebacks/Fraud

Any customer refunds or credit card chargebacks owed by Implix to the referred customer will result in the appropriate commission (hereinafter referred to as "deducted commission") amount being deducted from the Affiliate's account balance. If the commission from that sale has already been paid to the Affiliate, the amount will be deducted from the next monthly payment. If the commission owed to the Affiliate in the next month will not be sufficient to satisfy the deducted commission, the Affiliate will be invoiced for the payment of the remaining debt immediately. Implix reserves itself the right to terminate, at its sole discretion, the Agreement immediately in the event of not receiving the remaining debt instantly after the invoice.
Any fraudulent activity that can be traced directly to the Affiliate's actions will cause immediate termination, forfeiture of any commissions earned, and legal prosecution if possible. Implix reserves the right to decline sales from any country should it have any reason to believe the order may be fraudulent.

8. Disclaimer of warranties, limitation of liabilities

In no event shall Implix be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this agreement or any of the products, whether or not such party has been advised of the possibility of such damages. Implix shall not be liable for any damages if, for any reason whatsoever, its website fails or is non-operational.
Should the fulfillment of any obligation of Implix arising out of this Agreement, whether Implix or its Employee, or its independent sub-contractor, be prevented or hindered directly or indirectly by fire, the elements or civil commotion, strikes or lock-outs, shortage of labor, breakdown or partial failure of machinery, short, temporarily and accidental suspension of providing the services in relation to this Agreement or Implix websites and Implix Products, or delay on the part of any independent sub-contractor or supplier as a result of circumstances which neither Implix nor the Affiliate could foresee or suspect, or acts, orders or regulations of the Government, or any other cause whatsoever beyond the reasonable control of Implix, then the time for fulfillment any obligations of Implix arising out of this Agreement shall be extended for a reasonable period having regard to the effect of the delaying cause.
Implix will not be responsible if a referred purchase goes unregistered for any reason.
Implix will not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate.
Any correspondence relating to the non-receipt of a commission check, loss of a commission check, or inability to cash the commission check, must be initiated by an Affiliate within a reasonable time to arrange alternative payment method.

9. Termination of contract

Implix reserves the right to refuse or restrict access to the Implix Affiliate Program to anyone at any time and for any reason.
Implix reserves the right to terminate the contract with the Affiliate immediately and without notice and forfeit all affiliate commissions if the Affiliate is involved with any of the following:

promoting Implix products in any relation with information or for any purpose which is scandalous, obscene, defamatory or immoral, or uses the Implix products in relation or for any other purpose which is prohibited by law,
sending unsolicited email or engage in any other communication to a recipient if the recipient has requested that it discontinue such communication,
misrepresenting Implix, any, some or all of Implix products in any way,
using or permitting or accepting the use of any name, or trademark, or service mark, that belongs to Implix, or any promotional material or any content provided by Implix on the Affiliates Panel, Implix Website or in relation to the Implix Products, themselves or by any third party in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Affiliate or such a third party,
violating any obligation stated in the Section 3 of these Terms of Service.
providing false, invalid, incomplete, inaccurate information referredto in Section 1 of these Terms of Service and/or not updating them if necessary will result in immediate termination from the program and will forfeit all outstanding Affiliate Sales Commissions.

Final provisions

The validity and enforceability of any legal and enforceable provisions hereof. The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.
Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the implix.com website, or websites of any Implix Products, including these Terms of Service, at any time without prior notice. The Affiliate agrees that their continued use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated Terms of Service.