To participate in the MyCustomFuel.com (MCF) Affiliate Program, you must agree to the following:
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us,
MyCustomFuel.com and you, regarding your application to participate as an affiliate of MCF (“Affiliate”), and the establishment of links from your website and social media sites to our website, MyCustomFeul.com.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE MCF AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
MCF’s Affiliate Agreement Definitions:
“We”, “Our”, “Us”, – “MyCustomFuel.com”, (collectively, “MCF”)
“You”, “Your” and “Affiliate(s)” – the business, individual or entity applying for participation in the MCF Affiliate Program, or that displays Our products, services and/or promotions on its website and/or Social Media Sites and/or through representation off a personalized affiliate promotion code in exchange for receiving remuneration from MCF for sales resulting from use of unique promotion code on the MCF website.
“Affiliate Site” – the Affiliate’s Internet site and Social Media Sites which displays MCF’s Products and Services and/or promotions.
“Commission Fees” or “Commissions” – Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Purchase by a Referred Customer that you refer to MCF under and in accordance with this Agreement.
“Referred Customer” – customer referred from Affiliate through person promotion code.
Licence. Subject to this Agreement and its terms, MCF hereby grants to you a free, non- exclusive, non-transferable and revocable license (“License”) to market and distribute MCF to Referrals, and to use the MCF trademarks, logos and URLs provided by MCF, and associated materials, language or code for the sole purpose of promoting MCF (collectively, “Marketing Materials”).
The Affiliate Program. To participate in the Program, you must complete the online application for participation in the Program found on MCFs website (“Site”) and enter this Agreement. MCF may accept or reject any application at its sole discretion.
Legal Agreements. As part of its participation in the Program and in acting as MCF’s Affiliate, you hereby agree and consent to the terms of this Agreement and the Program, the Guidelines, and any other requests and rules set by MCF from time to time, in its reasonable discretion, in connection with your ongoing participation in the Program and promotion of the MCF to Referrals. In all its activities under this Agreement, and specifically such activities relating to your promotion of MCF, you shall cooperate with MCF and act in good faith.
Promotion, Referral Activities: You agree to engage in continued, active promotion of MCF in various marketing channels, and to do so in compliance with the terms of this Agreement.
Prohibited Activities: you agree not to associate Marketing Materials with content that is unlawful in any manner, or which is otherwise harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, discriminatory, or otherwise objectionable in MCF’s sole discretion. You agree not to send unsolicited electronic messages to multiple unrelated recipients (“Spamming”) in promoting MCF, or otherwise to engage in any other form of mass electronic communications prohibited by law in connection with activities contemplated under this Agreement.
Liabilities. You shall be solely responsible for its operations in acting under this Agreement, including, without limitation, the legality of your operations and materials, created and used in connection with this Agreement. MCF is not responsible for the development, operation or content of your Marketing Materials and you agree to defend, indemnify and hold MCF harmless against any and all claims, actions, causes of action, damages, or expenses (including attorney fees) relating to the development, operation, content and maintenance of your Affiliate Marketing Materials.
Customer Relations. During and after the Term, MCF shall be the exclusive owner of all relations created with respect to the MCF referrals.
Order Processing. We will process orders placed on the MyCustomFuel.com website by your Referred Customer. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including MCF service, cancellation, processing, refunds and payment processing will be our responsibility. We will track the purchases generated by our website and will make this information available to you through our website
Commission Determination. Under the Affiliate Program, you will be paid a Commission Fee for each purchase by a customer that you refer to MCF under and in accordance with the terms of this Agreement.
As an MCF affiliate you will be issued a unique Promotional Password.
This password entitles your referrals to receive 20% off all purchases from the MyCustomeFuel.com website.
You will receive a 10% commission on all orders using your unique Promotional Password.
Your sales & commissions are tracked from the moment your promotional password is active. You can log on to your affiliate page in real time and securely view your performance anytime. Payments are made on a calendar quarterly bases within two weeks of end of quarter by direct deposit to the Affiliate PayPal account.
Term of the Agreement: 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. You are only eligible to earn Commission Fees on purchases occurring during this term. MCF reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in MCF’s sole discretion.
Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
LIMITATION OF LIABILITY. NEITHER MCF NOR ANY OFFICER, EMPLOYEE, DIRECTOR OR ANY OTHER REPRESENTATIVE OF MCF SHALL BE LIABLE TOWARDS AFFILIATE OR TOWARDS ANY THIRD PARTY, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS TERMINATION, IN CONTRACT, PRE-CONTRACT, TORT OR OTHERWISE FOR (A) ANY ECONOMIC LOSS (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR (B) ANY LOSS OF GOODWILL OR REPUTATION. SUCH LOSSES INCLUDE, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, STATUTORY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES AS WELL AS ANY LOSSES OR DAMAGES CAUSED BY INTERRUPTION OF OPERATIONS. NOTWITHSTANDING ANY OTHER CIRCUMSTANCES OR UNDERSTANDINGS SURROUNDING ANY RELATIONS AMONG THE PARTIES, MFC’S ENTIRE LIABILITY TO AFFILIATE UNDER THIS AGREEMENT SHALL NOT EXCEED $100 U.S. FOR ANY AND ALL CLAIMS FOR DAMAGES OF ANY KIND MADE BY AFFILIATE UNDER THIS AGREEMENT, AND BY ENTERING THIS AGREEMENT AFFILIATE RECOGNIZES THE LIMITATIONS HEREIN ON MCD’S LIABILITY.