Affiliate Terms

The following Terms of Service apply to ePly’s Affiliate program.

1. Overview

2. Commissions

ePly will pay a commission to Affiliates that are registered and approved by ePly when the Affiliate refers a Client to ePly and that referral results in the client using ePly for one or more events that generate billable registrations.

1. The commission rate is $250.00 per new client unless otherwise established in writing with ePly.
2. Commissions are not payable if a referred individual or organization has used the ePly system for a previous event or if ePly is already actively pursing an opportunity related to the individual or organization referred.
3. Commissions will be paid by cheque, in the local currency of the Affiliate, once per quarter.
4. Referred Leads must become Clients within one year of the referral date to earn a commission. The affiliate may contact ePly at anytime to enquire on the status of their referrals.
5. If an Affiliate becomes a client of ePly for their own registration needs it is not counted as a commissionable referral.

3. Tracking

Online

To track leads referred to ePly via a website, blog, email campaign or other online method, the Affiliate will use a tracking URL provided by ePly. When an action is taken on ePly’s website such as downloading a file or opening a free account, the original source of the lead will be recorded in the ePly system. If the lead does not have cookies enabled in their browser or if the tracking is not successful for another reason the lead may not be credited to the affiliate.

All ePly staff are trained to ask new leads how they heard about ePly to help ensure that Affiliates get credit for all referrals. ePly staff are not rewarded in a way that conflicts with crediting an Affiliate with a referral.

4. Marketing Efforts

ePly will provide banner ads, promotional wording, articles, white papers, etc. for the Affiliate to use for marketing purposes. If the Affiliate wishes to develop their own marketing materials, ePly must authorize the use of the materials before the campaign is deployed.

From time to time ePly will monitor the activities of the Affiliate to ensure compliance with this agreement.

5. General Provisions

1. allow or disallow individuals and/or organizations to participate in this Affiliate program with no explanation provided.
2. change or cancel this Affiliate program at any time without notice.
3. make a decision whether to pay a commission and the amount to pay when it’s unclear on the source of a lead, a lead is referred by multiple sources, or any time there is other uncertainly.
4. discontinue the affiliate relationship at anytime if in ePly’s sole discretion it feels that the Affiliate has violated any of the terms of this agreement.
    

Representation - The Affiliate will not represent themselves or allow themselves to be represented as an employee, partner or agent of ePly, or by virtue of this agreement be or become an employee, partner or agent of ePly.

Termination - This agreement will remain in effect until terminated in writing by either party. ePly is not obligated to pay any commission after the termination date.

Disclaimer of Liability and Indemnification - ePly will make reasonable efforts to provide all services described on ePly’s website. The Affiliate hereby agrees to waive any and all claims for any direct or indirect, special, incidental, consequential or punitive damages or breach of lost profit the Affiliate has or may in the future have against ePly, its employees, agents, independent contractors and representatives, in connection with the use of the services of ePly and this Affiliate program.

Warranties - ePly will provide all services hereunder on a professional best efforts basis and will complete all tasks in a diligent and expeditious manner. ePly commits to designing and programming the online system to function as described in this Agreement. Neither this Agreement nor any documentation furnished under it is intended to express or imply any warranty that the online registration services will be uninterrupted or error-free or that the ePly website will provide uninterrupted or error free service.

Third Party Providers - ePly uses third party providers and provides no warranty and accepts no liability for losses/failures resulting from non performance or failures of those providers.

Severability - Each provision of this Agreement shall be severable. If any provision of it is illegal or invalid, the illegality or invalidity shall not affect the validity of the remainder of this Agreement.

Agreement Binding - This Agreement shall endure to the benefit of and be binding on the respective heirs, executors, administrators and assigns of each of the parties to it.

No Assignment - Neither this Agreement nor any of the Clients rights or responsibilities may be assigned, subcontracted or otherwise transferred without ePly’s prior written consent. Any attempted assignment, subcontract or transfer will be considered a material breach of this Agreement.

Governing Law; Enforcement of Agreement - This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. Each party hereby irrevocably submits to the exclusive jurisdiction of the British Columbia Court.

Force Majeure - Neither ePly nor our customers shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: computer and internet viruses, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. No delay or failure to perform shall be excused under this Section by the acts or omissions of ePly’s subcontractors, vendors or suppliers unless such acts or omissions are themselves the product of a force majeure condition described in this above.