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Our Affiliate Program - Getting Started

Operating Agreement

The following are the complete terms and conditions of your agreement to become a member of the Interface Security Affiliate Program.

You can enroll as a member of the Interface Security Affiliate Program by creating a unique link to KeyGhost.com using text or one of our icons or banners located on our banners page.You will have to sign up for a unique account number to use in your links. Your Account Number is used to track the clicks from your advertisements and links.

BY LINKING TO KEYGHOST, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. Interface Security Limited, will automatically become counter-party.

IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CREATE A LINK TO KEYGHOST.

Our Rights and Obligations
Your Rights and Obligations
Fee Schedule
Fee Payment
Term and Termination
Relationship of Parties
Indemnity Disclaimer
Limitation of Liability
Independent Investigation
Miscellaneous

1. Our Rights and Obligations

1.1 Track your Referred Customers
We will register customers referred from your site and will track their orders provided your link complies with our standards and policies. "Customer" means your customers that use the link from your site to ours and purchase our products online via credit card only. Commission is only paid on Online Credit Card transactions generated by a customer referred from the affiliate website. Cookies are used to mark and monitor the customers origin. If cookies have been deleted or disabled, your affiliate data will be lost, Interface Security Ltd accepts no liability for losses that may occur, and reserves the right to refuse to supply products to referred customers at our discretion.
1.2 Track Returning Customers
We will track returning customers, as above, provided the cookie that was attached is still present on the customers browser. If a returning customer that was referred from your website purchases a product then commission will be earned. Interface Security Ltd will provide you with remote online access to reports of customer activity and the referral fees generated. You can get access using your username and password.
1.3 Pay a Referral Fee
We will pay you referral fees (as set out below) on income we earn from customers online credit card transactions that were directed from your site.
1.4 Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of via email. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, and referral program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF VIA EMAIL) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

2. Your Rights and Obligations

2.1 Linking to KeyGhost.com
By agreeing to participate in this referral program, you are agreeing to create a unique link from your site to KeyGhost. You may link to us with one of our banners/icons or with a text link. The KeyGhost icon or banner you use is NOT to be linked to the images on our server, you need to make a copy of the banners on your own server. We use sophisticated tracking software, and any person who is found to be linking directly to the images on this page will be automatically removed from the program. This is the only method by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you advertise our site in any other way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
2.2 Agency Appointment
By this Agreement, we grant you the non-exclusive right to direct customers to our site, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
2.3 Approved Layouts
Without our prior written approval, you will only use our approved banners and icons and will not alter their appearance nor refer to Interface Security or KeyGhost in any promotional materials. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use a KeyGhost banner or icon that has been uploaded to your server. DO NOT DIRECTLY LINK TO THE BANNERS ON OUR WEB SITE. IF YOU DO THIS WE WILL NOT PAY YOU ANY REFERRAL FEES.
2.4 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.
2.5 Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
2.6 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use the KeyGhost intellectual-property marks solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
2.7 Confidential Information
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of KeyGhost and/or the referral program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

3. Fee Schedule

As an Interface Security Affiliate Program member, you earn a maximum of NZ$200 approx US$100 commission per order or 10% of the revenue we derive from all Online Credit Card sales of any customer linked from your site (i.e the lesser of the two). We retain the right to change the fee schedule and method of calculation of fees as we wish.

4. Fee Payment

Payments are made to the address supplied (worldwide) in the sign up form when your commission earned reaches NZ$50 approx US$25. No payments will be made until that amount has been reached. For our protection, the sum of your commission fees are paid by cheque twice a year, (every 6 months). Commission on credit card transactions found to be fraudulent will be deducted. All payments will be due and paid in New Zealand dollars.

5. Term and Termination

5.1
The term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
5.2 Upon termination:
You must remove all of our banners/icons from your site and disable the link from your site to ours.
All rights and licenses given to you in this Agreement shall immediately terminate.
You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination (These will be paid in accordance with the rules above).
You will not be entitled to referral fees with respect to orders placed after the date of termination.
If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Interface Security Ltd and KeyGhost Ltd.
5.3 Suitability of website
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.

6. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

7. Indemnity

You shall defend, indemnify, and hold Interface Security Ltd and KeyGhost Ltd, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.

8. Disclaimers

We make no express or implied warranties or representations with respect to the referral program, our products, or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Limitation of Liability

We 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 referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of Interface Security Ltd's or KeyGhost Ltd's directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

10. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

11. Miscellaneous

11.1 Assignability and Enurement
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
11.2 Non-Waiver
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
11.3 Remedies
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
11.4 Severability/Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.

I have read and accepted the Affiliate Agreement please sign me up

 

 

We respect your privacy and security. If you have any questions or comments about this site? Contact the Webmaster. Tel: +64 3 379-3883. Fax: +64 3 379-3885. Email: HelpDesk@keyghost.com. Postal Address: KeyGhost Ltd, P.O.Box 3279, Christchurch 8001, New Zealand. Physical Address: 109 Montreal Street, Christchurch, New Zealand.

Copyright 2000 KeyGhost Ltd. All rights Reserved.