Please read this Affiliates Agreement ("the Agreement") carefully before registering for the GlobalEye Partner Program ("the Program"). By joining the Program you signify you understand and agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, please do not join the Program.
The terms and conditions of this Agreement are subject to periodic change at GlobalEye's discretion. As such, each user of the Program ("the Affiliate" or "you") agrees to review this Agreement periodically.
No paid access is required for participation in the Program.
GlobalEye prohibits the use of this Program by Affiliates who operate websites containing pornographic, racist or illegal content. The definition of pornographic, racist or illegal content is entirely at the discretion of GlobalEye.
GlobalEye prohibits the use of this program by Affiliates who operate websites that are related to the transaction of prescription drugs.
GlobalEye operates in full compliance with the CAN-SPAM Act of 2003 and requires its Affiliates to also comply. GlobalEye will terminate your account if you have sent spam or engaged in any unsolicited promotional activities. For further details please refer to our Email Policy.
The nature of the relationship between GlobalEye and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of GlobalEye. Specifically, GlobalEye is not an Affiliate of any partnership, joint venture or franchise arrangement with you.
The GlobalEye Partner Program is administered through Clickbank and pays an ongoing commission on all photographer subscriptions generated by the affiliate and logged through Clickbank.
Clickbank maintains their own 60-day cookie system for tracking leads, and GlobalEye will extend that for up to 2 years, if the Affiliate uses the appropriate referral URL as supplied on the Affiliate Tools page.
Clickbank and GlobalEye will credit the 'most recent referral' with any sale, which is standard practice to reward those affiliates who promote our services regularly and continuously.
The current commission rate ("the Payment") for each subscription package will be listed here for affiliates to check at any time.
Current Payment For All Photographer Subscriptions: 30%
Effective Date 1st October 2012
The Payment is subject to change at GlobalEye's discretion, providing seven (7) days notice has been given to all affiliates. GlobalEye will notify users by sending an email to those Affiliates who are subscribed for Updates, and by posting a message on the Main Affiliates Area webpage.
All payments are made by Clickbank to the Affiliate, as per the Clickbank payment schedule and terms.
LIABILITY OF GLOBAL EYE
GlobalEye is not liable for any losses of any kind incurred by the Affiliate resulting from the use of any service provided by GlobalEye, the closure of a Affiliate's account or the termination of an Affiliate relationship, the malfunction or failure of its systems, Site or service offering due to matters including, but not limited to, force majeure, the failure of GlobalEye's or any other entity's software, hardware or communications technology or any part thereof, delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system, any act of God, any outbreak of hostilities, riot, civil disturbance, acts of terrorism, the acts of Government or authority (including refusal or revocation of any license or consent), fire, explosion, flood, theft, malicious damage, strike, lockout or industrial action of any kind.
All services provided by GlobalEye must be used strictly for lawful purposes only. GlobalEye does not monitor, censor, edit or take any responsibility whatsoever for Affiliate web site content or communications from the Affiliate web site. Affiliates are fully and solely responsible for the content and use of their web sites used in conjunction with GlobalEye.
The Site may now, or hereafter from time to time, contain links to third-party web sites. We do not control, investigate, monitor or check such web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us.
If you decide to leave the Site and access any third-party web site, you do so at your own risk. GlobalEye will not be responsible for any injury or any liability to any Affiliate resulting from a Affiliates web site content or communication that may be offensive, misleading or illegal. Affiliates agree to indemnify and hold harmless Global Eye from claims resulting from the use of any provided service or Affiliate web site content which damages the Affiliate or any other party.
It is your sole responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to your Affiliate commission payments. You understand that you may be required to complete certain Australian Taxation Office ("ATO") tax information reporting forms prior to your receipt of any monetary sums. You further understand that GlobalEye may be required to provide information regarding your earnings to the ATO or any other foreign government agency that requests such information concerning its citizens.
It is the sole responsibility of the Affiliate to set and verify their account/program settings. GlobalEye assumes no responsibility for account/program settings, and shall not be liable for any loss incurred as a result of account/program settings.
Affiliates who promote using pay per click search engines etc, agree not to use any of the following terms of phrases, or close variations:
BRAND NAMES: GlobalEye Images, GlobalEye Group, GlobalEye Stock, Global Eye Images, Global Eye Group, Global Eye Stock, OzImages
MISLEADING: Royalty Free, Royalty Free Images, Free Images, Microstock
This list is offered as a guide and the Affiliate agrees not to place ANY ads that are misleading or deceptive. (If in doubt please ask!)
GlobalEye, in its sole discretion, may disqualify a Affiliate from participation in the use of any or all portions of the Site if such Affiliate engages in any conduct that GlobalEye deems to be illegal, improper, unfair or otherwise adverse to the operation of the Site or detrimental to other users of the Site.
Such improper conduct includes, but is not limited to: falsifying personal information required during account creation; sending spam emails; accumulating earnings or through methods such as programming techniques or falsified information; intentionally trying to defraud or otherwise tamper with the computer programs or Affiliate information comprising the Site.
GlobalEye may void and refuse to pay/reimburse to a Affiliate any monetary sums that a Affiliate has earned or deposited and/or require the return of any monetary sums that a Affiliate may have accumulated if engaged or previously engaged in improper conduct. GlobalEye may also recover any outstanding fees owed by Affiliates using one or a combination of methods that include deductions to the Affiliates current balance or credit card charges.
Affiliates further acknowledge that the forfeiture of earnings or deposits shall in no way prevent GlobalEye from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
TRADEMARKS, COPYRIGHTS AND PROPRIETARY RIGHTS
You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text and images, without GlobalEye's written permission.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in this Affiliate Agreement or in the text on the Site without the written permission of GlobalEye. GlobalEye neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
GlobalEye assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images.
Any communication or material you transmit or post to the Site by electronic mail or any other method, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential, non-proprietary. Anything you transmit or post may be used by GlobalEye or its Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
GlobalEye is free to use any data, ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to the Affiliate.
The trademarks and logos displayed on the Site are registered and unregistered Trademarks of GlobalEye and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Global Eye or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Affiliate Agreement, is strictly prohibited. You are also advised that GlobalEye will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
GlobalEye Affiliates may not refer themselves ('self referral') with the aim of receiving the referral commission on their own subscritpion. All referrals must be tracked using a valid Clickbank link. Verbal referrals will not be accepted.
Family registrations will not be accepted as valid. Referred Photographers that share the same personal/company details, or email, or website details will also be deemed 'self referral'. Referral commission and any earnings associated with this type of 'self referral' will not be paid.
GlobalEye has not reviewed all of the sites linked to by the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
The regulations, terms and conditions contained herein represent the complete, final and exclusive agreement between GlobalEye and the Affiliate, and supersede all prior agreements, representations and understandings between GlobalEye and the Affiliate.
This Affiliate Agreement and Affiliate accounts may be terminated by GlobalEye at any time. However, such termination does not affect the enforceability of the terms and conditions of this Agreement as they relate to acts and omissions during the period prior to such termination.
GlobalEye reserves the right to change the terms and conditions or functionality of GlobalEye Affilaite Program at any time without notice. This Agreement will be for an indefinite term and can be terminated immediately without cause by either GlobalEye or you providing notice to the other party. Upon termination, you will stop using GlobalEye material.
The Affiliate acknowledges that if any provision of this Agreement conflicts with any other rule, regulation, term or condition of the Site, the terms and conditions of this Agreement shall govern.