Do you know any friends or small business owners that need a website, but don’t have a big budget?
Refer them to us, and we’ll pay you!
What is the relation between Aytrus, Inc. (“Aytrus”) and DOYOUNEEDIT.COM?
• DOYOUNEEDIT.COM is the information technology services business division of Aytrus, Inc.
What is an “Affiliate”?
• An affiliate is an independent contractor. The general synopsis is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.
• There is absolutely no cost to you to be an Aytrus Affiliate.
How does the Affiliate Program actually work?
• It’s simple! You receive a commission when you get anyone in need of a website to submit an online service agreement form in conjunction with successfully making their first monthly payment to Aytrus, Inc. for any of the following website service packages:
• A confirmation e-mail from the new customer that authenticates a successful affiliate referral is required to be eligible for commission, following the new customers first successful payment. Only one affiliate referral is allowed per new customer.
• You are your own business and boss, and you control what and how you complete this objective.
What is the commission amount for each service package?
• Commissions are based on the non-discounted, first-month cost of each website service package. Based upon that cost, we then multiply it by three and pay you in that localized currency!
• Below are the non-discounted, first-month costs of the above website service packages:
PLEASE READ THE ENTIRE AGREEMENT.THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU (“AFFILIATE”) AND AYTRUS, INC. (“COMPANY”).
BY COMPLETING AND SUBMITTING THE APPLICATION BELOW, AND BY REFERRING VISITORS TO ANY AYTRUS, INC. WEBSITE, 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.
1.) Overview:This Agreement contains the complete terms and conditions governing your relationship with the Company and, if applicable, your participation in the Aytrus Affiliate Program (the “Program”). The purpose of this Agreement is to allow you to acquire compensation for successfully referring new website service package customers to Aytrus, Inc. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Aytrus, Inc., and “you,” “your,” “yours,” and “Publisher” refer to the Affiliate.
2.) Affiliate Obligations:
2.1.) To begin the enrollment process, you will complete and submit the Aytrus Affiliate Agreement application. We will evaluate your application at our convenience, which is at a minimum 72 hours after submission. We may reject your application at our sole discretion.
We will reject your application or cancel an existing affiliate account if we determine that you are unsuitable for our Program.
You may not create or design a personally owned 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 Aytrus, Inc. or any other affiliated business.
2.2.1.) Affiliates may not offer falsified incentives as a means to convince potential Company customers to purchase any website service package offered by DOYOUNEEDIT.COM; falsified incentives include but are not limited to Aytrus, Inc. awarding them compensations (e.g. discounts, cash, points, prizes, contest entries, etc.) that are not explicitly included in Company service agreement forms.
2.2.2.) Affiliates may not bid on any variations of Aytrus, Inc. brand terms in any keyword based pay-per-click search engines, including, without limitation, Google and Bing.
2.2.3.) Affiliate’s policies must be compliant with state and federal laws and regulations including but not limited to the CAN-SPAM Act of 2003.
2.2.4.) Spawning process pop-ups are prohibited.
2.2.5.) Spawning such other criteria as Company may from time to time determine, in its sole discretion.
3.) Aytrus, Inc. Rights & Obligations:
Company reserves the right to terminate this Agreement and your participation in the Aytrus Affiliate Program immediately and without notice to you should you commit fraud in your use of the Aytrus Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Company shall not be liable to you for any commissions for such fraudulent sales.
4.) Term & Termination:
This Agreement will begin upon our acceptance of your affiliate agreement application, and will continue unless terminated hereunder. Either you or we may end this Agreement on three (3) business days’ written advance notice to the other party, with or without cause. Termination notice may be provided via e-mail and will be effective immediately, including that you must immediately cease all advertising activities. All moneys then due will be paid during the next billing cycle, subject to any final accounting.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by e-mail, (which may be provided by e-mail to the e-mail address provided in the course of your registration with the Company). Modifications may include, but are not limited to, changes in the payment procedures and the Aytrus Affiliate Program rules. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following the e-mail of the change notice and the new Agreement on our site will indicate your agreement to the changes.
6.) Commissions & Payment:
6.1.) The DOYOUNEEDIT.COM website utilizes a PPS (pay-per-sale) affiliate program. We pay affiliates a commission when you get referred customers to submit an online service agreement form in conjunction with successfully making their first monthly payment to Aytrus, Inc. for any of the following website service packages: CMS-USA-M1, CMS-USA-M2, CMS-USA-M3, and CMS-USA-M4. A confirmation e-mail from the new customer that authenticates a successful affiliate referral is required to be eligible for commission. Only one affiliate referral is allowed per new customer.
Commissions are based on the non-discounted, first-month cost of each service package. For each eligible affiliate referral, the affiliate is then allowed to create an invoice to Aytrus, Inc. requesting to receive three times the value of that non-discounted, first-month cost in the localized currency of that specific website service package sold. The following lists the non-discounted, first-month costs of the above service packages:
6.2.) Affiliates are paid about every 30 days by Paypal, approximately 15 days after the prior period, provided that Company may, in its discretion, withhold payments until such time as its clients have paid Company for the Service Package Agreement. In addition to any other remedies that may be available to Company, in the event of any breaches by you of this Agreement, you shall forfeit your rights to any amounts owed by Company to you. All payments are made the localized currency of the specific website service package(s) sold.
6.3.) Company shall compile, calculate and electronically deliver data required to determine your billing and compensation. Any questions or disputes regarding the data or payout provided by Company needs to be submitted in writing within five (5) business days of receipt, otherwise the information will be deemed accurate and accepted as such by you.
6.4.) Company will only pay Affiliates for commissions that are earned and tracked through their term as an Affiliate. Any Affiliate that is removed from the program because of non-compliant behavior will not receive commissions from any referred customers.
6.5.) As required by U.S. Law, U.S. Residents will be required to submit a W-9 form (as required by the Internal Revenue Service).
7.) Promotional Efforts:
7.1.) Any promotion mentioning Aytrus, Inc. or any of its business divisions (including DOYOUNEEDIT.COM) could be perceived by the public or the press as a joint effort. You are an independent contractor, and therefore your own business, so remember to distinguish the difference between both entities in your promotional efforts.
7.2) Affiliates that advertise among other keywords or exclusively bid in their pay-per-click campaigns on keywords such as DOYOUNEEDIT, DoYouNeedIT.com, www.doyouneedit, Doyouneedit, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – will be considered trademark violators, and will be banned from Aytrus 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 pay-per-click bidding behavior.
7.3.) Affiliates are prohibited from keying in prospect’s information into the lead form with the intent of misrepresenting or falsifying leads.
7.4.) We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. For example, all endorsements, reviews, testimonials on Company products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and Company must be clearly disclosed in a separate policy on the affiliate sites. The FTC has noted that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed.” FTC also scrutinizes that relationship as an endorser-sponsor light, and believes that the end user has the right to understand that an endorser-sponsor relationship exists full text here. We share the concept and concern of the FTC’s approach, and will not tolerate any affiliates that fail to adhere to the FTC’s guidance. We reserve the right to terminate our relationship with any non-compliant affiliates.
8.) Grant of Licenses:
8.1.) Company grants to you a non-exclusive, non-transferable, revocable right to (i) access the DOYOUNEEDIT.COM website through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use Company 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 the Aytrus Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Aytrus, Inc. and the good will associated therewith (including any data derived from the Program) will inure to the sole benefit of Aytrus, Inc.
8.2.) Confidentiality. Each party agrees to use the other party’s Confidential Information solely for the purposes contemplated by this Agreement, and to refrain from disclosing the other party’s Confidential Information to any third-party, unless (a) any disclosure is necessary and permitted in connection with the receiving party’s performance of its obligations or exercise of its rights under this Agreement or any other agreement between the parties; (b) any disclosure is required by applicable law; provided, that the receiving party uses reasonable efforts to give the disclosing party reasonable advance notice thereof so as to afford the disclosing party an opportunity to intervene and seek an order or other appropriate relief for the protection of its Confidential Information from any unauthorized use or disclosure; or (c) any disclosure is made with the consent of the disclosing party. For the purposes of this Agreement “Confidential Information” includes, without limitation, the terms of this Agreement (including pricing) and information regarding existing or contemplated service, products, Advertisers, processes, techniques, or know-how, or any information or data developed pursuant to the performance of the services. Notwithstanding the foregoing, Publisher agrees that Company may divulge its personal and/or otherwise Confidential Information to an Advertiser, agency, legal or regulatory authority, person or entity relating to investigations, claims, or actions that Publisher has violated this Agreement or any applicable law or regulation.
8.3.) 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.
COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING COMPANY SERVICE AND WEBSITES OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY 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.
10.) Representations & Warranties:
You represent and warrant that:
10.1.) 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;
10.2.) 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;
10.3.) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11.) 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 COMPANY’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 Aytrus, Inc. and their business divisions 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 your infringed 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 website(s).
You will immediately notify Company of any current, impending, or potential legal action against it by a third party for matters relating to e-mail, e-mail complaints, e-mail deployment, and violations of CAN-SPAM.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
13.) Additional Terms:
13.1.) 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 Aytrus, Inc. 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 site or otherwise, that reasonably would contradict anything in this section.
13.2.) Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
13.3.) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts without regard to the conflicts of laws and principles thereof. Further, the parties hereby consent to the general jurisdiction of the federal and state courts located in Boston, Massachusetts and agree that any action or proceeding concerning this Agreement shall be brought exclusively in such courts.
13.4.) You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5.) This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral, or written.
13.6.) 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.
13.7.) 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.
13.8.) Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.