Our Affiliate Agreement
Welcome to the Liberty VPN Affiliate Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which LibertyVPN.net makes the Liberty VPN Affiliate Program ("Affiliate Program") available to you. By becoming a Liberty VPN Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole option is not to partake in the Affiliate Program.
Reservation of Rights
Liberty VPN reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Liberty VPN web site will constitute binding acceptance of the changes.
1. Enrollment in Affiliate Program
To begin the enrollment process, Affiliate will submit and complete Affiliate Program application via Bluesnap.com. Liberty VPN will evaluate the Affiliate's application and inform you of your acceptance or rejection of your application. Liberty VPN may reject your application and reserves the right to terminate this Agreement for any reason with or without notice to Affiliate including but not limited to a determination that the Affiliate web site is unsuitable for or incompatible with the Program.
You must provide Liberty VPN with accurate and complete contact and payment information when you open an Account. You must immediately notify Liberty VPN if any of your contact or payment information changes. If you do not provide Liberty VPN with accurate and updated contact information, you may not be eligible to receive commissions based on your participation in Affiliate Program.
Liberty VPN will only knowingly provide Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. You must be 18 or older in order to participate in our Affiliate Program.
2. Promotion, Links
Affiliate agrees to promptly post at least one Link, the "Affiliate Link(s)", to the Liberty VPN web site at one (or more) web sites owned or operated by Affiliate, the "Affiliate Web Site(s)", in no event later than seven (7) business days following Liberty VPN acceptance of Affiliate into the Program. Affiliate Links may not be placed in newsgroups, unsolicited e-mail, chat rooms, banner networks, or guest books. Any Affiliate Link placed must be done so in such a way that it is not misleading to any Affiliate Originated Visitor and done so with the intention of delivering users to the Liberty VPN web site for that Link.
Affiliate acknowledges that the Affiliate web site will include the Liberty VPN Brand Features, and Affiliate has no right to alter, remove, or customize the Liberty VPN Brand Features.
Affiliate will not use or display the Link(s) or the Liberty VPN Brand Features in a manner that is defamatory, misleading, libelous, and/or obscene or otherwise potentially damaging to the reputation of Liberty VPN, or the goodwill associated with the Liberty VPN Brand Features.
3. Affiliate Obligations & Restrictions
Affiliate will be solely responsible for the development, operation and maintenance of Affiliate web site and for all materials that appear on Affiliate web site, including but not limited to:
- The accuracy and appropriateness of materials posted on Affiliate web site.
- Ensuring that materials posted on Affiliate web site do not violate or infringe upon the rights of any person or third party.
Affiliate agrees to refrain from the following:
- Purchasing and/or using domain name(s) that incorporate any portion of the Liberty VPN Brand Features.
- Purchasing any search engine keywords that outrank and/or outbid any of the Liberty VPN Brand Features.
- Identifying the Affiliate web site as an "official site" ("Affiliate" or "Authorized Affiliate" are permitted uses). Make sure that your site does not copy or resemble the look and feel of Affiliate summit or create the impression that your site is (or a part of) Liberty VPN web site.
- Changing any Liberty VPN product price and/or offering any additional Affiliate discounts or rebate on any Liberty VPN product.
- Affiliate hereby agrees to indemnify, defend and hold harmless Liberty VPN, its shareholders, officers, directors, employees, agents, partners, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including, without limitation, attorneys' fees) arising from the development, operation, maintenance and contents of Affiliate web site.
4. Customers Purchasing via Affiliate Program
Liberty VPN will process all product orders placed by customers who follow Special Links to the Liberty VPN web site ("Customers"). Liberty VPN reserves the right to reject orders that do not comply with any requirements that Liberty VPN has and may periodically establish. Liberty VPN will be responsible for all aspects of order processing and fulfillment.
Customers who buy products through the Affiliate Program will be deemed to be customers of Liberty VPN. Accordingly, all of the Liberty VPN rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Liberty VPN may change the Liberty VPN policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Liberty VPN will use commercially reasonable efforts to present accurate information, but Liberty VPN cannot guarantee the availability or price of any particular product.
Whenever customer orders through your Affiliate link, you will automatically be sent an e-mail notice. You can also check your commission status and web traffic stats online at any time.
Bluesnap.com will pay you a commission on qualifying sales originating from Liberty VPN Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule (link).
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected or cancelled for any reason.
Liberty VPN is not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.
Affiliate may be taxed on the accrual of Commissions or Bounties, depending on the tax laws of Affiliate's federal, state, and local jurisdictions. Affiliate shall be responsible for any and all tax liability arising out of your accrual or receipt of Commissions or Bounties and Affiliate hereby agrees to indemnify and hold Liberty VPN harmless from any and all claims, damages and expenses (including, without limitation, attorneys' fees) arising from such tax liability.
6. Affiliate Program Termination
This Agreement will become effective on the Effective Date and ends when terminated by either party in accordance with this Agreement. This Agreement may be terminated:
- By Liberty VPN, with or without cause, and with or without notice to Affiliate.
- By Affiliate, with or without cause, by removing the Liberty VPN Brand Feature from the Affiliate web site, and notifying Liberty VPN of its intention to terminate the Agreement.
- All licenses granted herein shall terminate.
- Affiliate shall immediately remove any Affiliate Link(s) and Liberty VPN Brand Features from Affiliate web site.
- Liberty VPN will pay Affiliate any accrued and unpaid Fees.
You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. Liberty VPN may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Upon termination or expiration of the Agreement:
Except as otherwise provided in this Agreement or with the consent of the other party here to, each of the parties here to agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
8. Limitation of Liability, Disclaimers
Liberty VPN will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
Liberty VPN makes no express or implied warranties or representations with respect to the Affiliate Summit web site or the Affiliate Summit Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of 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.
9. Authority, Publicity
You and Affiliate Summit are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Affiliate shall not create, publish, distribute, or permit any written material that makes reference to Liberty VPN without first submitting such material to Liberty VPN and receiving written consent from Liberty VPN.
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 to this Agreement and their respective successors and assigns.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.