The full text of the Total Car Diagnostics Affiliate Agreement can be found below. But here's the "good parts" version:
Thank you for your interest in the Total Car Diagnostics Affiliate
Program. We are very excited to have you on board, but first it's
important that we outline the details of the Total Car Diagnostics Affiliate
The purpose of this Agreement is not to bog you down with
rules but to make sure that both you the Affiliate and our company
have a clear understanding of what is permitted and acceptable.
This way, we don't have to email you later on to tell you to
stop doing something because you didn't realize it wasn't allowed.
That wastes our time but it also wastes your time.
The purpose of this Agreement is to set out how the Speed
Success Affiliate Program works, what Total Car Diagnostics's roles and
responsibilities are and what they are not, how you the Affiliate will
be paid commission by Total Car Diagnostics through the Total Car Diagnostics
Affiliate Network, and what your roles and responsibilities as an
This Agreement has been designed to protect both Total Car Diagnostics
and Affiliates of Total Car Diagnostics. Please read carefully and if you have
any questions, please email us at support@TotalCarDiagnostics.com.
This Total Car Diagnostics Affiliate Program Agreement (this "Agreement") is between you (an "Affiliate") and Total Car Diagnostics Limited ("Total Car Diagnostics").
Affiliate's participation in the Affiliate Program is
conditional on Affiliate's acceptance of the terms and conditions
contained in this Agreement. Affiliate is deemed to have accepted
this Agreement by indicating Affiliate's acceptance of this Agreement
by checking the ‘I ACCEPT' checkbox at the end of this Agreement or by
creating an account that enables Affiliate to participate in the
All Affiliate must be at least 18 years old or older.
An Affiliate is a webmaster or internet marketer who takes on the role of promoting Total Car Diagnostics and the Total Car Diagnostics website.
To participate in the Affiliate Program, Affiliate must create an Affiliate Link. An "Affiliate Link"
is defined as web URL or hyperlink which contains, either within the
link or via any redirect or link-cloaking software, the Affiliate's
Total Car Diagnostics ID with the intention of tracking referred traffic to
Total Car Diagnostics. When an Affiliate directs or sends a prospective buyer
to the Total Car Diagnostics website via a correctly formatted Affiliate Link
and that visitor then purchases a product from Total Car Diagnostics, the
Affiliate will receive a commission from Total Car Diagnostics on the sale of
that product (the "Commission").
Click Sales Inc. ("Total Car Diagnostics") is responsible for
the tracking of Affiliate Links, handling of payments and
distribution of any Commission that is payable to Affiliate (together
the “Total Car Diagnostics Affiliate Network”).
In relation to all aspects of the Total Car Diagnostics
Affiliate Network including, without limitation, the tracking of
Affiliate Links and the payment of Commissions, Affiliate is entering a
legal contract directly with Total Car Diagnostics, and not with Speed
Success. Total Car Diagnostics will under no circumstance have any obligation
to pay Affiliate any Commission owed to Affiliate, and will under no
circumstance have any liability to the Affiliate arising out of any
claim relating to the Total Car Diagnostics Affiliate Network, including
Affiliate's participation therein.
Commissions are paid to Affiliate by Total Car Diagnostics
via the Total Car Diagnostics Affiliate Network. All payments and transactions
are handled by Total Car Diagnostics.
Commissions paid in relation to the Total Car Diagnostics
Affiliate Network are based on product prices and the commissions'
structure as outlined on the Total Car Diagnostics website from time to time.
Total Car Diagnostics reserves the right to change the product prices and
commissions' structure at its absolute discretion without prior notice
Affiliate will only receive a Commission for a sale
tracked through Affiliate's Affiliate Link by Total Car Diagnostics.
Affiliate has no right to a Commission if a sale of a good or service
occurs as a result of a customer arriving at or returning to the Speed
Success website through an Affiliate Link that is not associated with
Affiliate. Total Car Diagnostics has no responsibility and no ability to
redistribute a Commission to a different affiliate, including to
Affiliate, after a sale has occurred.
Commissions are payable to Affiliate by Total Car Diagnostics
in accordance with Total Car Diagnostics's TOU as may be varied by Speed
Success from time to time, which may provide for payment by PayPal on
end of every month.
Any dispute in relation to the Total Car Diagnostics
Affiliate Network will be handled by Total Car Diagnostics. Total Car Diagnostics has
and takes no responsibility for the acts or omissions of any
Affiliate or any claim, action, or disputes brought by or against any
Affiliate or any person in relation to the Total Car Diagnostics website or
any Total Car Diagnostics product
Total Car Diagnostics is responsible for handling all
customer inquiries, fulfilling product orders, customer billing and
collection of fees.
Total Car Diagnostics respects the privacy of customers and
each customer's personal information. Therefore, in order to protect
customer privacy, Total Car Diagnostics reserves the right to withhold any
information regarding a customer including, without limitation, that
customers' contact details from Affiliate regardless of whether that
customer arrived at Total Car Diagnostics via Affiliate's Affiliate Link or
Affiliate is responsible for providing Total Car Diagnostics
with Affiliate's correct contact information at the time that
Affiliate registers for the Affiliate Program and Affiliate must keep
Affiliate's contact information up-to-date.
Failure by Affiliate to provide Total Car Diagnostics with
correct contact information could result in the suspension of
Affiliate's Affiliate Program account as Total Car Diagnostics may be unable
to contact Affiliate regarding important issues concerning the
Affiliate Program and Affiliate's participation in the Affiliate
If Affiliate becomes aware that Total Car Diagnostics has
been provided incorrect contact information of Affiliate or if
Affiliate's contact information becomes out-of-date, Affiliate must
immediately contact Total Car Diagnostics and provide Total Car Diagnostics with
correct contact information.
Affiliate's login credentials (being Affiliate's
username and password) are personal to Affiliate. Affiliate must
always maintain the confidentiality of Affiliate's username and
password and not disclose them to any third party. Affiliate agrees
that Affiliate is solely responsible for any use of the Total Car Diagnostics
by any person using Affiliate's username and password and Affiliate
agrees to indemnify Total Car Diagnostics against any claims arising out of
Affiliate's failure to maintain the confidentiality of Affiliate's
username or password. Affiliate agrees to not impersonate any person
or entity or falsely state or otherwise misrepresent Affiliate's
affiliation with a person or entity.
Total Car Diagnostics will not be liable for any loss that
Affiliate may incur as a result of someone else using Affiliate's
password or account (whether with or without Affiliate's knowledge).
Affiliate agrees to notify Total Car Diagnostics immediately of any
unauthorised use of Affiliate's account or any other breach of
The Affiliate agrees not to:
Affiliate agrees to comply with all US/AU Federal CAN-SPAM Acts.
Total Car Diagnostics has a zero tolerance policy towards
spam and any Affiliate associated with spam. If Total Car Diagnostics
establishes, at Total Car Diagnostics's absolute discretion, that Affiliate is
involved with spam in any way including, without limitation,
creating, sending or otherwise distributing spam, Total Car Diagnostics may
immediately terminate Affiliate's Affiliate Program account and
Affiliate will forfeit all Commissions owed to Affiliate.
Affiliate is solely responsible for ensuring that
Affiliate's Affiliate Link is set up correctly. Total Car Diagnostics is not
responsible for Affiliate's failure to receive any Commission due to
the incorrect formatting or configuration of Affiliate's Affiliate
Affiliate agrees to receive email or other electronic
communications from Total Car Diagnostics including, but not limited to,
newsletters, site updates, promotion resources and other announcements
and correspondence. Affiliate agrees that all agreements, notices,
disclosures and other communications that Total Car Diagnostics provide to
Affiliate electronically satisfy any legal requirement that such
communications be in writing. Affiliate agrees to be bound by any
agreement reached through electronic communications in terms of the
Electronic Transactions Act 2002.
Total Car Diagnostics accepts no responsibility for the
accurate receipt of any such emails and Affiliate is responsible for
ensuring that Affiliate's email address is not blocked or impaired in
any way, including by Affiliate ensuring 'white-listing' of
Affiliate's email address.
If Affiliate unsubscribes from receiving emails from
Total Car Diagnostics, Affiliate acknowledges and understands that Affiliate
may no longer receive information or updates from Total Car Diagnostics.
Total Car Diagnostics reserves all rights in or to its
trademarks, servicemarks, copyright and other intellectual property
rights that may subsist in this website including text, illustrations,
photographs, video, music, sounds, layout, designs, or source code,
belonging to Total Car Diagnostics or to Total Car Diagnostics's licensors (“Total Car Diagnostics Intellectual Property”).
Affiliate must not use, copy, modify, adapt, reproduce, store,
distribute, print, display, perform, or publish any Total Car Diagnostics
Intellectual Property except as expressly provided in this Agreement
or with the prior written consent of Total Car Diagnostics.
Affiliate is not permitted to make any changes to any
items of Total Car Diagnostics Intellectual Property including, without
limitation, the Total Car Diagnostics logo, and any Total Car Diagnostics images and
Affiliate must not display such items in any way which may be
distasteful, or defame or misrepresent Total Car Diagnostics, the Affiliate
Program, or the Total Car Diagnostics website.
Affiliate may use the particular Total Car Diagnostics logos
and images that Total Car Diagnostics grants Affiliate access to within the
“Affiliate Resource” section of the Total Car Diagnostics website for purposes
related to Affiliate's participation in the Affiliate Program only.
Affiliate is not permitted to purchase, bid on, or
otherwise attempt to acquire any 'Total Car Diagnostics brand name keywords'
with respect to Internet search engines or register or use domains
that include the wording “Total Car Diagnostics” or any similar wording.
Total Car Diagnostics brand name keywords or similar wording includes “Speed
Success” and any misspelling or variation of “Total Car Diagnostics”.
Affiliate is not entitled to have access to Speed
Success data that is not publicly available for review or other
purposes. Access to Total Car Diagnostics data may be granted to Affiliate by
Total Car Diagnostics at Total Car Diagnostics's absolute discretion.
While Total Car Diagnostics endeavours to ensure that the
content of the Total Car Diagnostics website is free from errors, Speed
Success does not give any warranty or other assurance as to the
content of material appearing on the Total Car Diagnostics website, its
accuracy, completeness, timeliness or fitness for any particular
purpose. To the maximum extent permitted by law, Total Car Diagnostics
provides the Total Car Diagnostics website and related information and services
on an “as is” basis without any warranties, representations, or
guarantees of any kind (whether, express, implied, statutory or
otherwise) including, but not limited to, warranties of
non-infringement, merchantability, or fitness for a particular
Total Car Diagnostics makes no guarantee of any kind
regarding the potential income that can be generated through
Affiliate's participation in the Affiliate Program.
To the extent legally permitted, in no event shall
Total Car Diagnostics or its affiliates, distributors, licensors, and agents,
or any of its or their directors, employees, and agents be liable as a
result of Affiliate's use of the Total Car Diagnostics website or
participation in the Total Car Diagnostics Affiliate Network for direct,
indirect, special, incidental, punitive or consequential damages,
losses or expenses, including without limitation, loss resulting from
business disruption, loss of data, lost profits, lost goodwill, or
damage to systems or data, howsoever arising, including without
limitation, though an action in contract, tort (including negligence)
or otherwise, even if Total Car Diagnostics or its affiliates, distributors,
licensors, and agents, or any of its or their directors, employees,
and agents have been advised of the possibility of such damages.
If you are using our services for business purposes,
you agree that the guarantees provided under the Consumer Guarantees
Act 1993 or any comparable consumer protection legislation shall not
apply to those services.
Affiliate's use of this website and any associated
services may sometimes be subject to interruption or delay. Due to
the nature of the Internet and electronic communications, Speed
Success and Total Car Diagnostics's service providers do not make any warranty
that this website or any associated services will be error free,
without interruption or delay, or free from defects in design. Speed
Success will not be liable to Affiliate should the Total Car Diagnostics
website or the services supplied through this website become
unavailable, interrupted or delayed for any reason.
Although Total Car Diagnostics endeavours to prevent the
introduction of viruses or other malicious code (together, 'malicious
code') to the Total Car Diagnostics website, Total Car Diagnostics does not guarantee
or warrant that the Total Car Diagnostics website, or any data available from
it, does not contain malicious code. Total Car Diagnostics will not be liable
for any damages or harm attributable to malicious code. Affiliate is
responsible for ensuring that the process that Affiliate employs for
accessing this website does not expose Affiliate's computer system to
the risk of interference or damage from malicious code.
Although Total Car Diagnostics endeavour to protect the
security of Affiliate's contact information Affiliate acknowledges
that there is a risk of unauthorised access to (or alteration of)
Affiliate's transmissions or data or of the information contained on
Affiliate's computer system or on the Total Car Diagnostics website. Speed
Success does not accept responsibility or liability of any nature for
any losses that Affiliate may sustain as a result of such unauthorised
access or alteration. All information transmitted to Affiliate or
from Affiliate is transmitted at Affiliate's risk, and Affiliate
assumes all responsibility and risks arising in relation to
Affiliate's use of this website and the internet. Total Car Diagnostics does
not accept responsibility for any interference or damage to
Affiliate's own computer system which may arise in connection with
Affiliate's accessing of this website or any outbound hyperlink.
Affiliate's use of the Total Car Diagnostics website and its
content is voluntary. Affiliate shall indemnify Total Car Diagnostics and its
affiliates, distributors, licensors, and agents, and all of its and
their directors, employees, and agents against, and hold them harmless
from, any and all lawsuits, claims, expenses (including reasonable
legal fees), settlements, damages, judgments and the like arising from
Affiliate's use of the Total Car Diagnostics website and content or
Affiliate's failure to maintain the confidentiality or security of
Affiliates password or access rights.
This Agreement is effective immediately upon
Affiliate's acceptance of this Agreement and shall continue until
terminated as described in this section 8.
Total Car Diagnostics and Affiliate both reserve the right to
terminate this Agreement at any time without notice. In the event of
termination of this Agreement by this clause 8.2 all outstanding
Commissions due to Affiliate will be payable to the extent such
Commissions may be due to Affiliate under Total Car Diagnostics's TOU.
In the event of termination of this Agreement by
Total Car Diagnostics due to breach of this Agreement by Affiliate, Affiliate
shall not be entitled to be paid any outstanding Commission.
Any waiver by Total Car Diagnostics of a breach of or right
under this Agreement will not constitute a waiver of any other or
subsequent breach or right.
An affiliate is acting as an independent contractor
when acting as an affiliate. No partnership, joint venture or any
legal entity is created between Total Car Diagnostics and the affiliate.
Total Car Diagnostics reserves the right to amend this
Agreement as needed from time to time. Affiliate is bound by any
changes made to this Agreement and Affiliate's acceptance of any
income through or due to the Affiliate Program will be regarded as
acceptance by Affiliate of any changes to this Agreement. Speed
Success will endeavor to inform Affiliate of any changes made to this
Agreement via email.
If Affiliate provides Total Car Diagnostics any feedback
about the Total Car Diagnostics website or the Affiliate Program, Affiliate
grants Total Car Diagnostics the right to use that feedback for the purpose of
improving the Total Car Diagnostics website or Affiliate Program (and for any
other purpose Total Car Diagnostics deems necessary or desirable) without
being obliged to pay Affiliate any compensation in respect of Speed
Success's use of that feedback. If Affiliate does send Total Car Diagnostics
unsolicited ideas such ideas will be deemed to be non-confidential and
Total Car Diagnostics will not be required to provide any acknowledgement of
From time to time Total Car Diagnostics may enter into
special agreements with certain 'top' Affiliates. Such special
arrangements may include, but not limited to, special discounted rates
or bonus packages. The entry by Total Car Diagnostics into a special
arrangement with any Affiliate is at Total Car Diagnostics's sole discretion
and Total Car Diagnostics reserves all right to determine whether any
Affiliate will be offered the opportunity to enter into such a special
Headings are inserted for convenience and shall not
affect the construction of this Agreement. The singular includes the
plural and vice versa. If any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law to the greatest extent possible to
reflect the original intentions of the parties, and the remainder of the
provisions shall remain in full force and effect. If any provision in
this Agreement shall be held by a court of competent jurisdiction to
be contrary to law, that provision shall be changed and interpreted so
as to best accomplish the objectives of the original provision to the
fullest extent allowed by law, and the remaining provisions in this
Agreement will remain in full force and effect.
Total Car Diagnostics does not necessarily endorse or
recommend any of the goods or services advertised on or through the
Total Car Diagnostics website. Total Car Diagnostics does not necessarily endorse or
recommend any affiliates using our services.
The Total Car Diagnostics website provides links and pointers
to Internet sites maintained by third parties. Such linked sites are
not under Total Car Diagnostics's control and Total Car Diagnostics is not responsible
for the contents (including the accuracy, legality or decency) of any
linked site or any material contained in a linked site. Total Car Diagnostics
will not be liable for any damages or loss arising in any way out of
or in connection with or incidental to any information or third party
service provided by any third party.
Affiliate shall keep confidential the terms of this
Agreement and any information associated with the Affiliate Program
subject to any disclosure required by law. This clause shall survive
termination of this Agreement.
This Agreement is governed by the laws of New Zealand
and the courts of New Zealand shall have non-exclusive jurisdiction
to hear and determine any dispute arising in relation to this
This Agreement is the complete and exclusive
agreement between the Total Car Diagnostics and Affiliate in relation to the
Affiliate Program (but not in relation to the Total Car Diagnostics Affiliate
Network, for which Affiliate and Total Car Diagnostics have obligations to
each other independently of Total Car Diagnostics) and supersedes all previous
and contemporaneous agreements, proposals and communications with
respect to this subject matter.
All rights not expressly granted in this Agreement are reserved by Total Car Diagnostics.