Drive Thru Online, Inc. - vBulletin Affiliate Program

DTO Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	To be an authorized affiliate of Drive Thru Online, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Drive Thru Online service as an affiliate. By signing up for the Drive Thru Online affiliate program, you indicate your acceptance of this agreement and its terms and conditions. To be an authorized affiliate of Drive Thru Online, Inc., you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Drive Thru Online service as an affiliate. By signing up for the Drive Thru Online affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Drive Thru Online, Inc. Affiliate Agreement Introduction This agreement is entered in Drive Thru Online, Inc., a company based in Colorado, United States of America, and you as an "affiliate". Drive Thru Online, Inc. 637-B South Broadway, PMB 223 Boulder CO 80305 As an affiliate of Drive Thru Online, Inc., you will be required to promote our products and services in order to earn 1-time sales commissions at a predetermined rate of compensation set forth by representatives of Drive Thru Online, Inc. and subject to change without notice. You will be provided with various electronic promotional methods that will be tracked by Drive Thru Online, Inc. to record sales that are sent as a result of your promotions. Promotional methods may include (but are not limited to) graphic and/or animated banners, text ads, direct hypertext links, etc. 1. Participation a. Acceptance as an affiliate is subject to review of your application. Upon approval you may begin to promote Drive Thru Online, Inc 's products and/or services using the various electronic promotion methods provided. However, your status as an affiliate may be revoked at any time without notice for failure to comply with any of the terms provided in the Drive Thru Online, Inc. affiliate agreement. Revocation of your affiliate status causes your unpaid commissions to be forfeit immediately. b. Information regarding the affiliate program will be made available to all active affiliates via the Drive Thru Online, Inc website (www.drivethruonline.com). Affiliates are responsible for monitoring this website to keep up-to-date with changes to the program. Where possible Drive Thru Online, Inc. will attempt to contact active affiliates via email to provide information regarding changes to the program. Sales that are eligible for commission are at the discretion of Drive Thru Online, Inc. and all transactions are subject to review. Drive Thru Online, Inc. may disallow a commission for any transaction based on confidential internal auditing criteria. Affiliates must accept that from time to time, commissions for transactions that do not pass the auditing criteria will be removed. Commissions for sales that are not credited due to an error and/or limitation to the electronic promotional method will not be allowed, since they cannot be verified. However, Drive Thru Online, Inc. will make every effort to verify that the affiliate tracking system is functioning correctly with a high degree of reliability. c. Payout rates for commissions on any or all of the Drive Thru Online, Inc products and/or services included in the affiliate program may be changed by Drive Thru Online, Inc. at any time without notice. Affiliates will be notified of this information via the Drive Thru Online, Inc website (www.drivethruonline.com) and/or via email. d. Restrictions on promotional activities i. Before posting any of the promotional materials provided by Drive Thru Online, Inc. to active affiliates, affiliates must agree to review the terms & conditions of use at the location in which they intend to publish. This includes newsgroups, web forums/message boards, web logs (blogs), unsolicited email or other forums of spam, link farms, IRC or other chat rooms, instant messaging, guest books, or any similar Internet or electronic resources, etc. Promotional materials may NOT be posted at any location that would be considered illegal, non-acceptable terms of use, and/or unethical (bad etiquette/netiquette). ii. All promotional materials used by affiliates must not be misleading to consumers in any way. No transactions should be promoted that are not done so in good faith (i.e. misrepresented). The criteria for transactions of this nature will be determined by Drive Thru Online, Inc. based on our confidential internal auditing criteria. Affiliates found to be in violation will have related commissions forfeit and may have their status as a Drive Thru Online, Inc. revoked. iii. You may not infringe on Drive Thru Online, Inc's proprietary rights including copyright and trademarked materials, or the proprietary rights or intellectual property of any other individual or entity. e. Affiliate links may be updated at any time. You will be required to update any links that you have published using any of the electronic promotional methods provided by Drive Thru Online, Inc. in order to continue receiving commissions for products and/or services purchased as a result of your promotions. Any commissions lost due to failure to update your links will be forfeit. f. WITHOUT EXCEPTION, affiliates may NOT use their participation in the Drive Thru Online, Inc Affiliate Program in order to generate discounts for their own purchases. Any commissions generated in such a manner will be automatically declined by a Drive Thru Online, Inc. representative. Affiliates attempting to do so may have their status as an affiliate revoked and all unpaid commissions forfeit, to be determined at the sole discretion of Drive Thru Online, Inc. g. During any special sales & promotions, Drive Thru Online, Inc. may temporarily or permanently charge the commission rate that is provided to affiliates to a level appropriate for the sale to de determined at the sole discretion of Drive Thru Online, Inc. 2. Obligations a. You must provide accurate up-to-date contact information, info about the promotional methods you are using, and locations of your promotions. This includes any additional information requested by Drive Thru Online, Inc. at any time. b. You must use ethical and legal business practices at all times, comply with all terms & conditions set forth in this agreement, and maintain a statement of privacy on your website. c. You will not engage in activities that are related to spamming, misleading advertising, or that fail to comply with the CAN SPAM Act of 2003 or any related legislation that is passed in the future. d. You will not use pop-up or pop-under advertising methods unless reviewed and granted special permission by Drive Thru Online, Inc. e. You must ensure that you include your valid tracking codes in all of your promotions in order to receive credit for transactions. f. You are responsible for maintaining the security of your affiliate account. Usage and activity as well as loss, theft, or unauthorized disclosure of your password are your responsibility. You must notify Drive Thru Online, Inc. immediately if you become aware of or suspect any form of security violation. 3. Services provided by Drive Thru Online, Inc. to Active Affiliates a. Transaction Tracking and Payouts. Exact payouts will be determined by Drive Thru Online, Inc. after auditing your transactions. b. Refund/Chargeback Tracking. If a Drive Thru Online, Inc. product or service is refunded or charged back, or if the transaction failed to pass our confidential auditing criteria, your commission will be removed from your account. This applies to commissions for which you have been repaid and may create a situation in which you have a negative account balance. If you have a negative account balance, it must either be covered by your future commissions earned or paid back directly to Drive Thru Online, Inc. via any funds transfer mechanism available to you. Negative balances are subject to 1.5% interest rate compounded monthly. c. Tracking and reporting tools will be provided. d. Support will be provided online via the Drive Thru Online, Inc. ticketing system, forums, and/or email (affiliate@drivethruonline.com), etc. e. Payments will be made on a monthly basis via PayPal transfers. You must set-up a PayPal account in order to receive your commissions. You will be provided with a payout for all transactions that pass our internal auditing criteria after being adjusted for any refunds, charge-backs, or transaction failures that you were previously paid commissions for. The value of the commissions will be determined based on the rate of commission that was available at the time the transactions occurred (individually). 4. Proprietary Rights a. At all times your promotional materials must be in compliance with the current standards set forth by Drive Thru Online, Inc., subject to the terms and conditions of this agreement. Promotional materials must not be altered in any way without express permission from an authorized representative of Drive Thru Online, Inc. b. You authorize Drive Thru Online, Inc. to publish any identifying information submitted through your account on our website to indicate your participation as an affiliate. c. You are not authorized to create any trademarks or URLs, etc, that are the same or similar to those of Drive Thru Online, Inc. in order to prevent misleading information for consumers. d. You knowledge that, by participating in the Drive Thru Online, Inc. affiliate program, you gain no rights to our proprietary information or intellectual property including trademarks, trade names, URLs, graphics, text, general copyrighted material, patents and/or patent applications, etc. You also agree not to challenge Drive Thru Online, Inc. 's rights in this regard. 5. Confidentiality a. You must not divulge any information provided to you by Drive Thru Online, Inc. that is disclosed as or can reasonably be assumed to be intended as confidential information. Information remains confidential in nature even if it is publicly disclosed by another party. This situation does not eliminate your obligation to continue to maintain confidentiality. b. Upon termination of this affiliate agreement for any reason, you must return and/or destroy all confidential information provided to you under the terms of this agreement. c. Your personal information will not be communicate to 3rd parties unless necessary to complete a transaction as a part of the affiliate program. Example: PayPal commission payments. d. Drive Thru Online, Inc. reserves the right to use any data collected, other than private information, for its own purposes, such as (but not limited to) improving the affiliate program. 6. Term of Agreement, Revocation, and General Termination a. This agreement commences upon your acceptance indicated by submitting your application including an indication of agreement with these terms & conditions AND upon acceptance of your application by Drive Thru Online, Inc. b. This agreement may be terminated immediately if Drive Thru Online, Inc. determines that you are in breach of any element of this agreement. Alternatively, your account may be temporarily deactivated while an internal investigation is undertaken. c. If you affiliate status is revoked or this agreement is terminated, your pending commissions are forfeit. d. Drive Thru Online, Inc. may revoke your status as an affiliate at any time if, at the sole discretion of an authorized representative of Drive Thru Online, Inc., it is deemed that your participation in the program is not in the best interests of Drive Thru Online, Inc. e. Any element of the affiliate program, product or service offerings, or commission rates, etc. may be changed and/or discontinued at any time. f. After termination or revocation of your status as a Drive Thru Online, Inc. affiliate, you are required to pay any outstanding negative balances resulting from commission over-payments to Drive Thru Online, Inc. within 30 days of termination. g. Upon termination, all permissions granted to you exclusively for this agreement as an active affiliate will be revoked immediately. You must immediately remove all promotional materials that you have published. However, terms of this agreement (such as confidentiality) will survive termination of this agreement. 7. Representations, Warranties, Disclaimers and Limitations. a. Drive Thru Online, Inc. will make all reasonable efforts to keep its website(s) online during normal business hours, with minimal downtime or service interruption. However, some downtime such as maintenance and including interruption of service due to common error, should be anticipated. Drive Thru Online, Inc. is not liable to you for such interruptions. b. Drive Thru Online, Inc. may terminate this agreement and/or discontinue the affiliate program at any time. c. You must warrant that you are correctly identifying yourself and are entitled to execute and enter into this agreement, or authorized to do so on another individual or entity's behalf. d. You must be at least 18 years of age to enter into this agreement. e. You are solely responsible for all of your promotional activities. Drive Thru Online, Inc. will not be held liable for your activities. f. You must remain in compliance will all applicable laws. You are solely responsible for compliance in the United States or your country of residence. g. Our liabilities to you are limited to undisputed commissions earned by you after the transactions passed our internal auditing criteria, and not subject to forfeit due to revocation of your affiliate status for any reason deemed appropriate by Drive Thru Online, Inc. You agree that Drive Thru Online, Inc. shall not be liable to you or any third party you are associated with for any reason. 8. You shall defend and hold Drive Thru Online, Inc. harmless against all claims. 9. Miscellaneous. a. Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God. b. Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver. c. You agree that Drive Thru Online, Inc. may identify you as a participant in the affiliate program in client lists and may publish your name and/or logo for marketing purposes. i. Drive Thru Online, Inc. shall have the right to change, modify or amend this agreement, in whole or in part, by posting a revised agreement prior to the effective date of the change. Your continued participation after the effective date of change shall be deemed as your acceptance. Contact Information: Drive Thru Online, Inc. 637-B South Broadway, PMB 223 Boulder CO 80305 Tel. (720) 249-4072 www.drivethruonline.com
	I have read, understand and agree to the above terms and conditions.

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