Affiliate Agreement

Please take a moment to read this agreement. This agreement contains the entire terms and conditions for participation in the 1ink.com Affiliate Program and the establishing of links from your web site to the 1ink.com site.

1. Affiliate Program Enrollment

Please submit a completed Affiliate Program application via our site to begin the enrollment process. We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. Your enrollment application may be rejected if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, threatening, obscene, defamatory, harmful, or racially, ethnically, or otherwise objectionable. If your application is rejected, you are welcome to reapply to the Affiliate Program at any time.

2. Promotion of Our Affiliate Relationship

1ink.com will make available to you the graphics and text for 1ink.com banner advertisements and button links and/or text links that identify 1ink.com. These banner advertisements, button links and text links will each provide a direct connection from the Affiliate Web Site to the 1ink.com Site, and are referred to individually or collectively as "Links". You agree to prominently display the Links on the Affiliate Site, subject to our guidelines and approval. You further agree that you will cooperate fully with us in establishing and maintaining such Links. You shall not alter, modify or expand any Link without our prior written consent. We have the right in our sole discretion to monitor the Affiliate Site at any time to determine if you are in compliance with this Agreement. Product specific links and order buttons will connect your site directly to our sales transaction area. These links will enable users of your site to order, any products that are described or referenced on our site, directly from us.

3. Our Responsibilities

1ink.com is responsible for order entry, payment processing, shipping, returns, cancellations and related customer service. Additionally, we will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will process orders placed by customers who follow special links from your site to 1ink.com. Affiliates will be able to track their sales through a third party tracking system. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish.

4. Qualified Sales and Commission

Only Inkjet Cartridges and Refill Kits that are sold by us (to users of your site linked to our site), shipped to a customer, and for which we have received full payment will qualify for a commission. Any returned shipments or cancellations will be subtracted from the net sales calculated. The total purchase price of products, not including freight and taxes, will count toward the net sales. 1ink.com agrees to pay you 25% of net sales attributed by 1ink.com to your source code(s). Commission checks will be mailed to our affiliates every month provided that the commission generated on net sales is greater than $50. We will send you a check for the referral fees earned on products that were shipped during that month. 
To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.

5. Pricing and Policies  

Customers who buy products through the Affiliate Program will be deemed to be customers of 1ink.com. Hence, all of our terms, policies, and operating procedures regarding customer orders, customer service, and product sales will apply to those customers. We reserve the right to change our policies and operating procedures at any time. Also, prices are subject to change at any time without notice and 1ink.com shall not be held liable for outdated, inaccurate or erroneous information displayed on Affiliate’s site. For example, we will determine the prices for products sold under the Affiliate Program in accordance with our own pricing policies. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or pricing of any particular product.

6. Tracking

You will choose a username and password and have the ability to retrieve reports of the statistics generated by your source code on a real-time basis.

7. Obligations Regarding Affiliate’s Site

You will be solely responsible for the operation, maintenance and development of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting reviews, descriptions, and references on your site and linking those descriptions to our site and the accuracy and propriety of materials posted on your site, ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous, defamatory or otherwise illegal. 1ink.com disclaims all liability for all such matters. Further, you will indemnify and hold 1ink.com harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the operation, maintenance and development of the contents of your site.

8. Term of the Agreement and Termination

The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. This Agreement may be terminated by either party at any time, with or without cause, by written notice of termination. You are only eligible for commission fees on sales generated during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

9. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site will constitute your acceptance of the change.

10. Relationship of Parties

You and 1ink.com, 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.

11. Disclaimers

1ink.com makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of 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.

12. 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 commission fees paid or payable to you under this Agreement.

13. Indemnification

You hereby agree to indemnify and hold harmless 1ink.com and its 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.

14. Independent Investigation

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 AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

15. Governing Law

This Agreement will be governed by the laws of the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.