Read our affiliates agreement below and fill out the information at the bottom of the agreement to start the process of becoming a Netool.io Affiliate.
You agree to the terms below by submitting an application.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NETOOL LLC.
BY SUBMITTING AN APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Netool.io's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Netool.io web site. Throughout this Agreement, "we," "us," and "our" refer to Netool LLC, and "you," "your," and "yours" refer to the affiliate. "Payout" and "Commission" means the amount Netool LLC agrees to pay for each unit sold. "VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected by Netool LLC. Netool LLC may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons. "Unit" refers to one netool. "Account balance" refers to pending commissions.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit an application sent to you by Netool LLC upon request. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes or contains sexually explicit materials
2.1.2. Promotes or contains violence
2.1.3. Promotes discrimination or discriminates based on race, sex, religion, nationality, disability, sexual orientation, political stance or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes "netool" or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Netool.io or any other affiliated business.
2.2. As a member of Netool.io's Affiliate Program, you will have access to advertising banners created by Netool LLC.
2.3. Netool.io reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Netool.io Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We reserve the right to terminate your participation in the Netool.io Affiliate Program at any time.
3.2. Netool.io reserves the right to terminate this Agreement and your participation in the Netool.io Affiliate Program immediately and without notice to you should you commit fraud in your use of the Netool.io Affiliate Program. If such fraud or abuse is detected, Netool.io shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
At any time either you or we may end this agreement by giving the other party written notice mail, email or fax, with or without cause. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Netool.io's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Netool.io's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Commission Scale
The Commission Scale is subject to change without notice at the discretion of Netool LLC. Netool LLC is not responsible for any perceived commissions by the affiliate. Commission Scale Payments are not retroactive.
Netool LLC Commission received is based on a multi-tier structure.
Affiliates who generate under 50 non VOID unit sales through either their affiliates code or links will be commissioned $5USD per unit sold.
Affiliates who generate over 50 but under 200 non VOID unit sales through either their affiliates code or links will receive $7USD per unit sold after 50 for which you will still receive only the original commission of $5USD Per unit sold.
Affiliates who generate over 200 non VOID unit sales through either their affiliates code or links will receive $10USD per unit sold thereafter.
Affiliates will receive a Commission based off Netool LLC's Commission Scale for each netool sold via your Link and Affiliate code. In order to receive your link and Affiliate Code, You must first be approved by Netool LLC to become an Affiliate of our program. You understand that the Payout amount may be changed at any time. You are responsible for determining if the Payout for a Link You have placed or your Affiliate Code has changed or been discontinued. Payments are made on the First (1st) day of each month when Your account balance reaches $50 or more for the previous months' transactions. You receive the Commission from Netool.io. In the event of a VOID, Netool LLC may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Netool LLC. Money credited to Your Account does not accrue interest. You are responsible for all accrued payout transfer fees. Netool LLC reserves the right to hold commissions for sales that appear fraudulent for up to 90 days. We report all earnings above $600 a year to the IRS as is legally required.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Netool.io could be perceived by the public or the press as a joint effort. Certain forms of advertising are always prohibited by Netool.io. For example, advertising commonly referred to as "spamming" is unacceptable and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Netool.io so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Netool.io so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Netool.io. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Netool.io Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Netool.io, Netool, www.netool, www.Netool.io, and/or any misspellings or similar alterations of these - be it separately or in combination with other keywords - and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Netool's Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliate shall not transmit any so-called "interstitials", "Parasiteware", "Parasitic Marketing", "Shopping Assistance Application", "Toolbar Installations and/or Add-ons", "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Netool.io's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Netool.io.com and the goodwill associated therewith will inure to the sole benefit of Netool.io.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
NETOOL.IO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING NETOOL.IO SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF NETOOL.IO ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL NETOOL.IO'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless netool.io, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and netool.io. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Tier 1: Affiliates who generate under 50 non VOID unit sales through either their affiliates code or links will be commissioned $5USD per unit sold.
Tier 2: Affiliates who generate over 50 but under 200 non VOID unit sales through either their affiliates code or links will receive $7USD per unit sold after 50 for which you will still receive only the original commission of $5USD Per unit sold.
All affiliates that reach the 2nd teir will recieve a netool.io Polo shirt.
Tier 3: Affiliates who generate over 200 non VOID unit sales through either their affiliates code or links will receive $10USD per unit sold thereafter.
Netool.io sells itself when put in front of the correct audience. We are not looking for "salesmen", we are looking for people that understand the device and can see its value in real world applications.