Last Modified: October 8th, 2007

This Agreement, made and entered by and between TonerZone.com and you, the affiliate ("you" or "affiliate"), contains the complete terms and conditions that apply to your participation in the TonerZone.com Affiliate Program (the "Affiliate Program" or "Program").

1. Terms of the Agreement
The term of this Agreement will begin upon our acceptance of your affiliate 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 written notice of termination. You are only eligible to earn commission on sales occurring during the term.

You must use and provide valid email address and contact information through which you can be reached to participate in the TonerZone.com Affiliate Program. If you do not, your account will be deactivated.

2. Compensation Defined
Affiliates can earn commissions through cost per sale campaigns. Our base level commission is 35% of Gross Profit NOT Gross Sales.

3. Termination
Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all TonerZone.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

4. Modifications to the Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available commission structure, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

5. Enrollment in the Program
To begin the enrollment process, you will submit a complete application from our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. If we reject your application, you are welcome to reapply to the program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the program, we may terminate this agreement.

Your site should:

a) Generate sufficient traffic to our websites and have current and relevant content;

b) Attract a customer base who may be interested in our products

c) Not promote violence such as: hate crimes, fire arms, terrorist organizations and/or related sites;

e) Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

f) Not promote sexually explicit, pornographic or obscene content (whether in text or graphics)

g) Not promote content related to liquor, tobacco, firearms, drugs, gambling, crime or death

6. Privacy Policy
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

7. Fraud
If you commit fraud or falsify information in connection with the registration of members in TonerZone.com through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to TonerZone.com for any and all damage that TonerZone.com suffers as a result of such actions.

You will also be responsible for returning to TonerZone.com all commissions received for fraudulent sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

8. Limitation of Liabilityy
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 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 Program will not exceed one month’s commission paid or payable to you under this Agreement.

9. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between 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. TonerZone.com may cite your name or URL in connection with your participation in the program in materials including but not limited to postings on our site, newsletters, advertisements, and other communications.

10. Payment to Affiliates
TonerZone.com agrees to pay you the commission specified in this Agreement if TonerZone.com through its site, sells to a visitor to its sites (a "Customer") a product or service that is the subject of this Agreement and if that Customer has accessed TonerZone.com site and purchased the product or service through a link on your web site.

a) Commissions will be paid via check in U.S. dollars only. All payments will be distributed by TonerZone.

b) Commission checks will be made payable to the order of the person and/or company name designated on the affiliates application at the time of sign-up. Absolutely no exceptions will be made to this rule.

c) Commissions are accrued on a 30/31 day calendar month. Failure to provide TonerZone.com with a correct address, or if checks mailed to you are returned to TonerZone, will result in forfeiture of any amounts otherwise due to hereunder. You can send updated information to Affiliates@TonerZone.com. Any attempt by an affiliate to manipulate, falsify or inflate clicks or referrals, to defraud TonerZone.com.com or to violate the terms of this Agreement constitutes immediate grounds for TonerZone.com to terminate this Agreement and will result in forfeiture of any amounts otherwise due hereunder.

d) Commissions are calculated based on the total amount of net sales generated through your links in a particular calendar month less cost of goods. Net sales do not include shipping, tax, gift-wrapping, or other services.

e) Commissions are paid on a monthly basis when the affiliate’s account has reached a minimum threshold of $100.00. Accounts with a balance of less than $100.00 will roll over to the next month.

f) No commission will be paid on advertising orders if for any reason an affiliate’s referred visitor cancels their order. If the affiliate has already received commission for a canceled order, the earned commission may be reversed from the affiliate’s account. This does not apply to free trials.

g) Affiliate and a Reseller: Affiliates who send traffic from an existing reseller who is paying wholesale prices will NOT earn a commission on those sales. Commission will not be due to affiliates if the buyer is a TonerZone reseller and pays less than retail prices. Affiliates cannot be a TonerZone reseller and a TonerZone affiliate at the same time. Reseller's online prices are wholesale and therefore cannot be paid an affiliate commission. You cannot obtain wholesale prices as a reseller, then enter our site from an affiliate link and earn a commission.

h) Commissions will be paid on all re-order purchases made via our website and our telephone #.

11. Tracking of Clicks and Advertising Orders
TonerZone.com will be solely responsible for tracking clicks and orders made by customers who follow an affiliate link or input the affiliate’s code. An affiliate will be solely responsible for ensuring that its links are formatted properly and maintained in a manner, which allows TonerZone.com to track such sales. No commission shall be paid if the application cannot be tracked by TonerZone.com.

12. Order Processing
TonerZone.com will process orders placed by customers who follow links from your site to the TonerZone.com sites.

13. Responsibilities of 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.

You are solely responsible for:

a) The technical operation of your site and all related equipment;

b) The accuracy and appropriateness of materials posted on your site (including, among other things, all TonerZone.com materials);

c) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, copyrights, trademarks, privacy, or other personal or proprietary rights);

d) Ensuring that materials posted on your site are not libelous or otherwise illegal.

14. Indemnification
We disclaim all liability for these matters listed in 14. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.

15. Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing traffic to TonerZone.com You may not alter, modify, or change the links in any way. You are only entitled to use the links to the extent that you are a member in good standing of the TonerZone.com Affiliate Program. We may revoke your license anytime by giving you written notice.

16. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to TonerZone.com and receiving our consent.

17. Anti-Spam Policy
Affiliates will be removed from the TonerZone.com Affiliate Program and forfeit any pending commission if they are caught spamming. Spamming is not allowed and will not be tolerated. All email campaigns must be approved in advance by the TonerZone.com’s Affiliate manager and must comply with all elements of the CAN-Spam Act.

18. Anti-Predatory Policy
No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the Web users’ access, view or usage of, or other aspect of the Web users’ experience at, any affiliate’s webpage (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such affiliate;

*No Affiliate will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to TonerZone.com to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of TonerZone.com with respect to any individual transaction.

19. Disclaimer
We make no express or implied warranties or representations with respect to the TonerZone.com Web site or the TonerZone.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, no 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.

20. Miscellaneous
The laws of the United States and the State of California will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts 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 be 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 provision or any other provision of this Agreement.

This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. You may not modify this Agreement.

21. 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 program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

22. Proper Age
BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE)

23. Pay Per Click Search Engine Placement Policy
Affiliates are NOT permitted to bid on any variation of our brand trademark, at any time, in any search engine.

Affiliates are permitted to bid on all other keywords at any competitive level.

24. Competitive Use
a) Content, including, but not limited to, data feeds, Toner Advisor, banners, and articles, provided by TonerZone.com is copyrighted. You are granted a temporary and revocable license to use it while marketing any TonerZone.com subsidiary. Should Publisher become a Competitor, all licenses to Advertiser Content are revoked immediately.

b) Except with express written consent, no competing ads may be generated, nor revenue therewith, using content provided by TonerZone.com. This includes, but is not limited to, Google Adsense, Quigo AdSonar, and other contextual ad services provided by search engines. Other advertisements may be placed on the webpage, but may not use any TonerZone.com owned content to generate the content, or context of any ad.

I accept these terms and wish to register. Click Here

Back to Affiliate Program