This agreement, made and entered by and between Decision Analyst, Inc. ("we"), a Texas Corporation, with its principal place of business at 604 Avenue H East, Arlington, TX 76011, and you, the affiliate ("you"), contains the complete terms and conditions that apply to your participation in the American Consumer Opinion® Website Affiliate Program (the "Affiliate Program" or "Program").
Joining The American Consumer Opinion® Affiliate Program
To join the program, submit the completed Affiliate Program application from our site. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of American Consumer Opinion® Online Panel. If your site is accepted, we may terminate this agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program.
Decision Analyst, Inc. agrees to:
Affiliates agree to:
- Pay Affiliate 50 cents for each new, nonduplicated American Consumer Opinion® registrant that you refer from your site. No fees shall be payable if a visitor leaves the American Consumer Opinion® site without filling out a registration form, or if that visitor fails to confirm via clicking on the link in the follow-up confirmation email.
- Pay Affiliate on a monthly basis when your account has reached the minimum payment.
- The minimum payment is $10.00 USD.
- Place American Consumer Opinion® panel banners and/or links on your server and link them to your site.
- Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
- Ensure that all materials posted on your site are not illegal and that they do not infringe on the rights of any person or entity of any kind. We accept no liability for any materials on your site.
- Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
- Make sure that your site does not copy or resemble the look and feel of American Consumer Opinion® website or create the impression that your site is our site or a part of our site.
- No framing your website around http://www.acop.com.
- Affiliates shall use UnsubCentral or any other list suppression company Decision Analyst requires.
Banners And Links
Upon your acceptance as an Affiliate site, we will make available to you (via the American Consumer Opinion® Affiliate site) a variety of affiliate marketing banners and textual links that, subject to the terms and conditions listed here, you may display as often and on as many pages of your site as you wish.
Except for the approved affiliate marketing banners and links, you shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our consent.
Affiliates will be removed from the American Consumer Opinion® Affiliate Program and forfeit any pending commissions if they are caught spamming. We do not allow spamming and it will not be tolerated! Affiliates acknowledge and agree that Affiliates shall comply with all aspects of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”) in respect to Affiliates’ actions and obligations performed pursuant to this agreement and its association with Decision Analyst, Inc. and American Consumer Opinion®. Affiliates shall not send spam, as that term is defined under CAN-SPAM, featuring Decision Analyst, Inc. or American Consumer Opinion® material or information in stand-alone emails. All stand-alone emails must be approved in advanced by Decision Analyst, Inc. (A stand-alone email is defined as an email that contains only one offer from an advertiser; for example, only an email that includes an advertising message for American Consumer Opinion®.) Affiliates acknowledge and agree to use UnsubCentral or any other list suppression company that Decision Analyst requires.
Decision Analyst, Inc. Liability Limits
We 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 American Consumer Opinion® Affiliate Program, even if we have been advised of the possibility of such damages. Further, our total 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.
Limits Of License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the banners and links solely in accordance with the terms of this agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing membership in American Consumer Opinion® Online Panel. You may not alter, modify, or change the links in any way. You are only entitled to use the links to the extent that you are a member in good standing of the American Consumer Opinion® Affiliate Program. We may revoke your license anytime by giving you written notice.
We make no express or implied warranties with respect to American Consumer Opinion® Online Panel or the American Consumer Opinion® Affiliate Program (including warranties of fitness, merchantability, noninfringement, or any implied warranties arising out 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.
Termination Of Agreement
The terms of this agreement will begin upon acceptance of your application. This agreement will begin on the date of approval of your Affiliate Program application and will continue thereafter until terminated at any time by either party, by giving the other party written notice of termination. This agreement can be terminated by either side for any reason. Conditions for termination by Decision Analyst may include termination of the American Consumer Opinion® Affiliate Program and fulfillment of recruiting quotas for Affiliates in specific geographic areas including countries, regions, cities, towns, and municipal areas. Upon termination of this agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and all American Consumer Opinion® trademarks, logos, and all other materials provided by us in connection with the Program.
Modifications To Agreement
We may modify any of the terms and conditions of this agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute acceptance of the change.
You and Decision Analyst, Inc. 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.
Independent Investigation Of Affiliate Sites
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 websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the American Consumer Opinion® Affiliate Program and are not relying on any representation, guarantee, or statement other than that which is in this agreement.
Consequences Of Fraud
If you commit fraud or falsify information in connection with the registration of members in American Consumer Opinion® Online Panel through the links on your site, this agreement will be terminated immediately. In addition, you will be liable to Decision Analyst, Inc. for any and all damages that Decision Analyst, Inc. or American Consumer Opinion® Online Panel suffers as a result of such actions. You will also be responsible for returning to Decision Analyst, Inc. all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
Reservation Of Rights By Decision Analyst, Inc.
Decision Analyst, Inc. may terminate this agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the American Consumer Opinion® Affiliate Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Decision Analyst, Inc. also reserves the right to monitor American Consumer Opinion® Affiliate sites at any time to determine whether they are in compliance with this agreement. Decision Analyst, Inc. also reserves the right to terminate the Affiliate Program at any time, and to set recruiting quotas on the number of Affiliates accepted from specific geographical areas (countries, regions, cities, towns, and municipal areas). Decision Analyst, Inc. reserves the right to audit Affiliate Program accounts whose monthly balance exceeds $100.00 and to withhold payment until verification is completed.
Join Our Affiliate Program Today!