Payment Method
We pay you your commissions either via PayPal or a mailed check. Please note that receiving your
commissions via PayPal is much faster than receiving a check. PayPal is usually the preferred method of
payment for our affiliates.
Terms of Service
By submitting this Application and by participating in Planet Ocean Communication Inc's
Affiliate Program you have implied consent to this Agreement. You may not promote these
product/services or this Affiliate Program by sending unsolicited mailings (SPAM).
Enrollment
The term or effective period of this Agreement will start upon our acceptance of your Application and will end when either party terminates this Agreement. Either party may terminate this agreement, for any or no reason and in their sole discretion, upon written notice of termination delivered via mail or e-mail. We will send termination notices to you at the e-mail address you specified in your application.
Upon the termination of this agreement, you will immediately cease use of, and remove from your site, all links to our site, all logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with this program. Upon the termination of this agreement you are no longer eligible to earn a Referral Commission. Any Referral Commission accrued but not paid prior to termination will be kept to offset any potential returns/chargebacks for a reasonable time.
Your first affiliate sale will be scrutinized and, if it is determined that you signed up to purchase from yourself, you will not receive Referral Commission for that sale.
Relationship
You understand and agree that you are acting as an independent contractor and as such will be responsible for your own taxes and any other tax liabilities in connection with the sale of our products in your state/country. You understand and agree that Affiliate is only a reference title and is not legally binding in and of itself. The title of affiliate or partner and any combination there of is an independent contractor and not a legal partner, franchisee, agent, or employee of Planet Ocean Communications Inc. Affiliate shall not represent their relationship with Planet Ocean Communications Inc. as anything other than an independent contractor. Nothing in this Agreement will create any partnership, agency, franchise, sales representative, or employment relationship between the parties.
All search engines and directories are not eligible for this affiliate program.
Order Processing
Planet Ocean Communications Inc. will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, returns, and handle customer service and technical support. We will track sales made to customers who purchase by using the referrer information from the links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.
Payout
If you are a citizen of the USA, it is required that you provide us with a valid tax id # (Social Security of Federal ID number) prior to us issuing any Referral Commission payments. If a valid number is not provided at the time of application we will attempt once via e-mail to contact you. Until it is given, all payments will be held.
An e-mail notification will be sent to you automatically whenever a purchase is made. You can match these notifications up with the commission report you receive at the end of each month.
All Referral Commissions earned by an Affiliate will be paid monthly, normally on the 10th of the month. The Referral Commission to you is a flat fee based on the number of sales generated from your website. We will not make a Referral Commission payment for any transaction for which payment has not been fully received, or for any transaction that has been rejected or refunded for any reason. We are never responsible for paying any interest to the Affiliate for accrued but not yet delivered Referral Commissions. All checks not cashed within 6 months will become void.
If the transaction incurs a chargeback, or if the online transaction is not completed in every way, no Referral Commission is due to the Affiliate. If one has already been paid, then it will be deducted from future Affiliate Referral Commissions. If the agreement has been terminated we may withhold your final payment for a reasonable time to offset any potential returns/chargebacks.
Provision
Affiliate agrees not to use unsolicited e-mail in any promotions.
Limitation of Liability
Planet Ocean Communications Inc. will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral fees paid or payable to you under this Agreement. If any provisions of this Agreement are deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. You 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.
Planet Ocean Communications Inc.'s failure to enforce any provision of this Agreement shall not constitute or be construed as a waiver of that provision or of the right to enforce it at a later time.
This Agreement supersedes and cancels any and all prior and contemporaneous oral and written understandings or agreements on this subject matter. Continued participation in Planet Ocean Communications Inc.'s programs constitutes continued acceptance of this agreement, including any and all modified terms.
Disclaimers
Planet Ocean Communications Inc. makes no express or implied warranties or representations with respect to this program or any products sold through this program (including, without limitation, warranties of fitness, merchantability, non- infringement, or any implied warranties arising out of a 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.
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 THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
The laws of the United States and the state of Nevada 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 located in Nevada, and you consent irrevocably 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.
By continuing to fill out this Application and by participating in Planet Ocean Communications Inc.'s Affiliate Program you have implied consent to this Agreement.