Affiliate is an independent contractor and no partnership or agency will be formed by this Agreement. Sub-Affiliate is referred to in this agreement as an Independent Contractor referred by Affiliate. Affiliate is responsible for paying his/her own taxes on any revenue that is generated from participation in this program. Affiliate is not permitted to register
for the Affiliate Program more than once, (whether directly or indirectly through associates, employees, agents or by any other means) and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement.
Affiliate understands that David Ashton monitors all Affiliate registrations and orders, and agrees that David Ashton may terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy. In this agreement Websites means www.davidashton.biz and all other websites owned and operated by David. Affiliate also agrees that where mentioned on this page, the name David also means the website owner David Ashton.
Purchase of products and services by Affiliate's referred customers
directly from a link on Affiliate's website and/or emails will earn
Affiliate a referral fee equal to 50% of the sale price.
Purchase of products and services by Sub-Affiliate's referred customers
directly from Sub-Affiliate's website and/or emails will earn Affiliate
a referral fee equal to 10% of the sale price.
On occasion, David may set up a product to be 100% commissions, and therefore
there will be no 2nd tier payments for that product only.
Subject to the terms of this Agreement, you will be paid by PayPal
www.paypal.com the referral fee payment in US dollars for the
applicable referral fees immediately.
More details will be available on the webpage where you initially join the program.
As an example, 50% commission on the sale price means the first payment, I receive the
full payment, on the 2nd referral, you receive the full referral fee. Where 100% commissions
are available, I receive no payments at all, the affiliate receives all the income.
An online statement of customer purchase activity is available to Affiliate.
Customer Service is a top priority for David. If a refund is requested by Affiliate's customer and/or Sub-Affiliate's customer for any product or service, Paypal will arrange the refund directly with the referring affiliate, not the website owner. If I discover you are not providing full refunds when requested, and generating customer complaints and bad reviews, I will review the circumstances and if I find you have breached any conditions as mentioned on this site, including PayPals terms and conditions, I may terminate your registration. If I decide this is the appropriate action, you will be terminated from ALL my promotions permanently and forever. David keeps full and complete records of all clients and affiliates, and do not be surprised if you are refused re-entry to the program even 10 years later. To avoid any complications, I suggest not to spend the referral fees (unless you have sufficient equity to cover your sales elsewhere). All David's products are high quality, and have low refund rates.
Prices of our products may be changed at any time, solely at our discretion,
by posting the revised prices on our Websites or by informing Affiliate
through email. Affiliate acknowledges that the changes in our prices
will change the referral fees earned by Affiliate.
Affiliate may not engage in spamming, indiscriminate advertising or
unsolicited commercial e-mail or cybersquatting. Affiliate may not operate
a website or link to a website that contains or promotes any offensive,
defamatory, obscene, abusive, violent, illegal or unlawful content or
activity or that offers any illegal good or service. Without limiting
any terms of this Agreement, David Ashton reserves the right to terminate
Affiliate's account and withhold all referral fees due if he finds any
kind of unsolicited email generated by Affiliate or on Affiliate's behalf
containing any reference to any product created or sold by David Ashton,
the Websites, or any connection that leads the recipient of that mail
to the Websites. Commercial advertisements are unwelcome in most discussion
groups and on most mailing lists. Inappropriate posting may result in
the suspension or cancellation of your account. See the newsgroup or
mailing list's charter for whether advertising is allowed or not. Affiliate
must comply with all relevant laws during the term of this Agreement.
Sending a message to a group, especially an advertisement, is considered
spamming unless the individuals have specifically requested to be added
to a mailing list on that topic.
Affiliate indemnifies and holds harmless David Ashton for all costs
(including solicitor/client costs), expenses, damages, loss of profits
and liabilities incurred as a result of any claims, demands or actions
based on or arising from the Affiliate's promotion or marketing of David's
products and services or from the Affiliate's breach of these terms
Affiliate may provide a link from referring websites to the www.davidashton.biz
and/or www.car-touchups.info websites and earn referral fees as outlined
above. Affiliate may not display the names, images, or links in any
way that may defame or denigrate the name, brand or trademarks. Affiliate
may not link to the Websites from a referring website which promotes
spam or other offensive or unlawful behaviour.
Affiliate may not engage in passing off, reverse passing off, or any
other misleading conduct. Without limiting this clause, Affiliate may
not represent that it owns or created any of the products. Affiliate
may not use any of David's trademarks or similar trademarks in any business
or product name or in a domain name. In the event that Affiliate breaches
this clause, all use of the trademarks shall accrue to David and Affiliate
shall immediately transfer any registrations or similar to David or
his nominee. Affiliate may not use any of David's trademarks or similar
trademarks when engaging in paid advertising on search engines. Affiliate
may not copy any of the text or logos appearing in the Websites, except
with David's prior express written authorisation. Affiliate must comply
with any directions or specifications regarding the use of David's trademarks
that he may issue from time to time.
David will make all reasonable efforts to ensure that his Websites
are operational, to track Affiliate's referred customers and to credit
Affiliate for sales generated through Affiliate's referral link. However,
unavoidable technical difficulties may occasionally cause service and
tracking interruptions. Affiliate agrees that David is not liable in
any way for such interruptions. David will not be liable or responsible
for payment of referral fees for any sales that cannot be tracked. David
is also hard-coded into the registration form to track orders via fax
Affiliate will cooperate with David in the development of press releases,
testimonials, and other such marketing materials. Affiliate grants David
unlimited rights to refer to Affiliate in any and all marketing materials,
without further compensation.
David Ashton may suspend or terminate (at his sole discretion) this
Agreement immediately and without any prior notice if Affiliate breaches
any term of this Agreement. David will not be deemed to have waived
any right under this Agreement unless the waiver is in writing and signed
by David. A failure by David to exercise or delay in exercising any
right under this Agreement will not operate as a waiver of that right.
Any such waiver will not constitute a waiver of any subsequent or continuing
right or of any other provision in this Agreement.
This Agreement will remain in effect for as long as David makes the
service available, unless the Agreement is terminated: (a) by either
party due to breach of its terms by the other party; or (b) by either
party giving written notice to the other that it wishes to terminate
the Agreement. In the event of termination: (a) David may withhold the
final referral fee payment to Affiliate for a reasonable time in order
to ensure that the correct amount is paid to Affiliate. (b) Affiliate
must remove all links to the Websites. (c) Affiliate must remove all
statements and representations to the effect that the Affiliate is an
affiliate or otherwise associated with David Ashton and his websites.
David Ashton reserves the right to change any of the terms of this
Agreement, at any time and at his sole discretion, by posting a new
agreement on his website and/or notifying Affiliate via email. The amended
Agreement becomes effective from the date that it is first posted to
the website or notification is emailed to the Affiliate (whichever occurs
This Agreement shall be governed by the laws of Australia. This Agreement
is subject to the exclusive jurisdiction of the Australian courts, and
this provision is included for the benefit of David Ashton. David may,
in his option, waive this provision and this provision does not preclude
David from undertaking, initiating or enforcing proceedings in any other