Affiliate Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Blackline Web Design Affiliate Program.
Enrollment in this Program.
By filling out the signup form, and upon acceptance, you will become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on services purchased by your referred individuals.
It is understood that you will introduce Blackline Web Design services to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws. Blackline Web Design reserves the right to accept or reject any prospective customers and will pay you a commission per customer sale resulting from a referral using your affiliate code according to the designated payment schedule.
Either you or Blackline Web Design may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate
Utilizing Links on Your Site.
As an affiliate website of Blackline Web Design, you may use any form of promotion you choose, consistent with the terms of this Agreement, however, you CANNOT SPAM. You may use graphic and text links both on your website and in emails. The site may also be advertised “offline”. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate by Blackline Web Design.
Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for the following reasons (including, but not limited to):
- Inappropriate advertisements (false claims, misleading hyperlinks)
- Illegal spamming (mass email, mass newsgroup posting, etc.)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights
- Inability to setup links or refer clients to Blackline Web Design (lack of performance)
- Any violation of the terms of service.
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate id. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to request a quote or buy our services, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may request a quote or make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
Commissions deemed due and owed to you under the program will be paid to you directly by Blackline Web Design. No commission will be paid for signups by you, your household, or anyone within your organization. Blackline Web Design reserves the right to only pay for referrals that purchased and has fully paid for our web design services.
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. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law.
Blackline Web Design expressly requires you to disclose that there is a “material connection” between you and Blackline Web Design any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
Tax Forms and Address Changes.
Taxes/Address Changes: It is Your responsibility to provide Blackline Web Design with the tax and payment information required to issue a Commission Fee to You. Each Affiliate is required to submit a W8/W9 tax form before Blackline Web Design will issue any Commission Fees. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Blackline Web Design will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request issued by Blackline Web Design to issue a Form 1099. Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address.”
Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program will constitute binding acceptance of the change.
Relationship of Parties.
You and Blackline Web Design 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. You are not an agent of the Blackline Web Design and Blackline Web Design expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, 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 or our client’s websites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential. You agree not to disclose any Confidential Information.
You hereby agree to indemnify, defend and hold harmless Blackline Web Design, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Blackline Web Design LLC in conjunction with this program. An arbitration firm selected by Blackline Web Design LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
If you have any questions please contact us at:
Blackline Web Design