Terms and Conditions
Update: 12th April 2007
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the RegisterDirect Affiliates Program (the "Program"). As used in this Agreement, "we" means Voyager Internet Limited, trading as RegisterDirect, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to RegisterDirect's site located at the URL www.registerdirect.co.nz, or to the site from which you will link to our site (and which you will identify in your Program application).
1.0 – Application Process
To begin the application process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those (but not limited to) that:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Include "RegisterDirect" or variations or misspellings thereof in their domain names
- Otherwise violate intellectual property rights
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2.0 - Links on Your Site
Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the following types of links to our site:
- Banner link: You may provide a RegisterDirect banner on your site that will permit your site visitors to link directly to a page on our site. We will provide you with technical specifications describing how to include a RegisterDirect banner on your site and the graphical artwork.
- General link to RegisterDirect home page: You may provide a general link on your site to our home page at http://www.registerdirect.co.nz/ We will provide you with guidelines and graphical artwork to use in linking to our home page.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilises such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.
3.0 - Order Processing
We will process domain name registration and web hosting requests placed by customers who follow special links from your site to our site. We reserve the right to reject service requests that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of service processing and fulfilment. Among other things, we will prepare register domain names, enable web hosting accounts, process payments and cancellations; and provide customer support. We will track sales made to customers who purchase services using special links from your site to our site and will make available to you reports summarizing this sales activity. These reports will be available from an online affiliate interface.
4.0 - Referral Fees
We will pay you (in accordance with Sections 5.0 and 6.0 below) referral fees on certain services to third parties. For a service to be eligible to earn a referral fee, the customer must follow a special link from your site to our site, you must be the first referrer to have directed the customer to our site (i.e. if the customer had on a previous occasion visited our site either by following a special link from another referrer or by directly accessing our site, no commission will be payable to you) and during the ensuing customers session on our site, the customer selects and purchases a service using our automated registration/ordering system, remit full payment to us or our principals and at no stage renege on the purchase. The Program is intended for commercial use only, and you may not purchase services through the Program for your own use. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this Agreement.
5.0 - Referral Fee Schedule
You will earn referral fees based on qualifying revenues according to referral fee schedules to be established by us. "Qualifying revenues" are revenues derived by us from our sales of qualifying services, excluding cancellations and bad debt. Currently referral fees will be paid on the following services:
- Domain Name Registrations for a single year made via an online registration form by a customer who has been referred to us by a Special Link from your site to our site. The current referral fee schedule for this is NZD $25.00. GST will be paid to New Zealand GST registered organisations.
- HostDirect Web Hosting for a single year made via an online signup form by a customer who has been referred to us by a Special Link from your site to our site. The current referral fee schedule for this is NZD $50.00. GST will be paid to New Zealand GST registered organisations.
No referral fee is payable from sales of Qualifying Services in any manner that is NOT an online application, i.e. the customer has chosen not to apply for a Qualifying Service via an online application, but has instead requested to make the application over the telephone or by email. Sales of services other than those defined above, and offered on the RegisterDirect site are NOT eligible for referral fees.
6.0 - Referral Fee Payment
We will pay you referral fees on a calendar monthly basis. Approximately 14 days following the end of each calendar month, we will send transfer funds direct to your bank account for the referral fees earned on our sales of Qualifying Services that were settled during that calendar month, less any taxes that we maybe required by law to withhold. However, if the referral fees payable to you for any calendar month are less than NZD $100.00, we will hold those referral fees until the total amount due is at least NZD $100.00 or (if earlier) until this Agreement is terminated. If the customer cancels a service that generated a referral fee within 5 days of purchase, or if we receive a credit card charge back for a fraudulent transaction that we are required to refund, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent payment, we will send you a bill for the referral fee.
7.0 - Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of RegisterDirect. Accordingly, all RegisterDirect terms and conditions, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Service prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the accuracy of all the information on our site.
8.0 - Identifying Yourself as an Associate
We encourage (but do not require) you to include a Special Link on your site to the RegisterDirect homepage at http://www.registerdirect.co.nz. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion.
9.0 - Limited License
We grant you a non-exclusive, revocable right to use a Special Link described in Section 8.0 and such other images for which we provide and grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
10.0 - Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all RegisterDirect trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on our sales of Qualifying Services occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
11.0 - 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. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modifications are 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 will constitute binding acceptance of the change.
12.0 - 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 Section.
13.0 - 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 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.
14.0 - Disclaimers
We make no express or implied warranties or representations with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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 we will not be liable for the consequences of any interruptions or errors.
15.0 – Applicable Law
The laws in force in New Zealand shall govern this agreement and each party hereto submits to the exclusive jurisdiction of the courts of New Zealand. Except as otherwise expressly provided in these terms the provisions thereof shall ensure to the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties hereto. These terms and other documents delivered pursuant hereto constitute the full and entire understanding and agreement between the parties with regard to the subject matter of the same. Neither this agreement nor any term in it may be amended, waived, discharged or terminated except by written instrument signed by all parties hereto and/or as specified herein.
16.0 - Acknowledgement
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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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