Upon completion of an Affiliate application you will become an Affiliate-Member of BayEmail and are bound by the terms of this agreement.

There is no cost to join as an Affiliate it is FREE with application.

Your participation in this is solely for this purpose: to legally advertise and promote our web site and receive a commission on products purchased by your referred individuals. 

A unique affiliate ID# will be assigned to you and that ID# is specific to you and you only. Your ID# will be used for tracking sales, and the payment of commissions.

Becoming an Affiliate does not constitute employment. Affiliates are independent contractors and will be treated as such. 

The terms of this agreement may be modified and/or changed at anytime.

If any modifications and/or changes are not to your liking and are unacceptable to you, you have the right to terminate your affiliate status. Your continuing participation in this program will constitute your acceptance of any change.

All current changes to the "BayEmail Affiliate Program" supersede any and all previous changes. 

TERMINATION OF AFFILIATE STATUS
Your affiliate application and status in the program may be terminated for any of the following reasons without warning: 

Inappropriate advertisements (False claims, misleading hyper links)
Spamming (mass email, mass newsgroups posting, etc...)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights
Using false email addresses for subscriptions
Subscribing someone's email address
Any questionable/suspicious subscription activity 

Voluntary and involuntary termination will result in a forfeiture of all commissions due you. 

We reserve the right to cancel or terminate any Affiliates account that we deem necessary. 

AFFILIATE LINKS
You may use graphic and text links both on your web site and in emails. The site may also be advertised "off-line" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in 2.

COMMISSIONS
BayEmail will credit you (the Affiliate-Member) a commission on the sub-total of all items sold through a direct referral from any banner or icon (provided by BayEmail) that is displayed on the Affiliate-Member's website. The rate of commission is currently 10% but this may increase or decrease at our option.

The rate of commission credited to Affiliate-Members is based on net receipts (i.e. excluding tax/shipping/handling). BayEmail reserves the right to alter the rates, higher or lower, for selected products without notice.

BayEmail has based rates of commission upon projections and given their intent to share the profits with their Affiliate-Members. BayEmail reserves the right to alter these rates to align with future projections at any time without notice. Any credit accumulating on sales made after such changes have been applied will be at the new rates. The Affiliate-Member is not guaranteed to have the same rate as at the time he/she registered. BayEmail reserve the right to change the product or service prices from time to time, which may have an effect on the commission.

The commission will be credited only when the payment for the sale is cleared. If the customer requests a refund at a later time, the original commission credited will be deducted. BayEmail will not be responsible for any system or software failure that may result in the customer's clicks being unrecorded.

The commission will only become payable when the total amount credited to the Affiliate-Member exceeds the minimum payout ($50.00), and such payment will be made on the 15th of the month, either through a check drawn in US Dollars(USD) on a US Bank or any other of the international currencies serviced by PayPal(tm). These include Australia, Austria, Belgium, Brazil, Canada, Denmark, France, Germany, Hong Kong, Ireland, Israel, Italy, Japan, Mexico, Netherlands, New Zealand, Norway, Portugal, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, United Kingdom and United States of America 

Any correspondence relating to loss of the check in the mail, or inability to cash the check, must be notified within a reasonable time to let us decide on alternative payment method(s). The Affiliate-Member agrees not to make claims for outstanding credit if the amount is less than the minimum monthly payout ($50.00). Sums less than this will be carried over to the following month.

In the event of termination of this Agreement or program, for whatever reason, BayEmail’s sole responsibility ends at issuing a check corresponding to the outstanding amount in your credit provided it exceeds 10% of the minimum payout (currently $5.00)

Any government liability on the amount of commission received from BayEmail, including income tax, national insurance and any other tax imposed by your state or nation of residence, will be the Affiliate-Member's sole responsibility. BayEmail reserves the right to request and maintain sufficient detail, as necessary, to satisfy accountancy regulations in whichever country the Affiliate-Member resides.

The Affiliate-Member is not under any obligation to keep banners or any other promotional material on their website. 

While it is up to the Affiliate-Member to choose where the banner should appear on their website, it must not be placed on a page/position that can be defamatory to BayEmail or counter-productive. If requested by BayEmail, such banner links should be removed. Only the banners/icons recommended or approved by BayEmail should be used in the link. BayEmail reserve the right to replace banners and icons with others of a similar dimension.

It should be understood that a direct correlation between 'click-throughs' (i.e. Referrals) and sales may not exist. All operations are automatic (or semi-automatic) and hence no valid sales referred by you will go unrecorded

At the sole discretion and invitation of BayEmail, Affiliate-Members may be offered higher rates of commission

You shall not cause any sales or referrals to be made that are not in good faith, including, but not limited to, using any device, program, robot, hidden frames, or automatic popup windows and redirections. You shall not establish or cause to be established any program that provides any rewards, points or compensation for direct/indirect referrals or leads, unless specifically approved in writing by BayEmail.

LIABILITY
BayEmail will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program. BayEmail does not make any expressed or implied warranties with respect to "BayEmail Affiliate Program". We make no claim that the operation of "BayEmail Affiliate Program' will be error free and will not be liable for any interruptions or errors.

SPAMMING POLICY
What is SPAM?

SPAM is emailing ANYONE, in bulk or by single mailing, about "BayEmail's Online Store", or BayEmail.com, who has not specifically requested the information directly from you, or posting off topic at any newsgroup or chat.

Any SPAM complaint regarding an "Affiliate-Member" is cause for immediate termination. This is a very serious matter. DO NOT send email to anyone who has not made a specific request for "BayEmail's Online Store", "Online Shopping" or something of a Shopping nature.

WHAT TYPES OF ADVERTISING ARE CONSIDERED SPAM?
Off Topic Newsgroup Posting. Most news groups do not allow blatant advertising. Do not post "BayEmail's Online Store" information to a newsgroup that has nothing to do with the subject matter entailing "Online Shopping". This is spam and any complaints from newsgroup moderators about an affiliate will be grounds for immediate termination. 

Bulk emailing (sending an email advertisement to persons listed on an email address lead list). Advertising with bulk email services (companies who will send an email advertisement to persons listed on an email address lead list for you) can be risky. If we receive a complaint, it will be grounds for immediate termination. So, choose your services carefully. 

"Bounce back" emailing (sending an email advertisement in reply to an email advertisement that was sent to you), in other words ... an affiliate returned a spam for a spam. This is still emailing information about "BayEmail's Online Store" to persons that you don't know, who didn't specifically request the information. If we receive a complaint it is grounds for immediate termination. 

Off Topic Chat Posting. Chat rooms are for the exchange of information, not for advertisements. Do not post ads in chat rooms. Any complaints from Chat Room members or moderators will result in immediate termination of the offending Affiliate. 

WHAT HAPPENS TO AFFILIATE-MEMBER WHO DO SPAM?
In order to protect the opportunity, and the incomes of our Affiliate-Members who are following BayEmail's Affiliate Program Terms & Conditions, we will enforce the following procedure. Any Affiliate or Member of BayEmail who SPAMS will be immediately terminated, no warning, no questions asked. All commissions will be forfeited!

Legal actions will be taken against an individual or individuals, if any loss of service or connectivity is experienced by BayEmail.com & its “Affiliate Program” due to spamming. 

In order to maintain our image and protect the incomes of our Affiliates, we must adhere to the strictest interpretation of SPAM.

AGREEMENT
THESE TERMS BEGAN UPON YOUR COMPLETION OF AN AFFILIATE APPLICATION AND WILL END WHEN YOUR AFFILIATE ACCOUNT IS TERMINATED. BY REMAINING AN ACTIVE AFFILIATE, OR MEMBER, 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 WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE "AFFILIATE PROGRAM", AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

IN OTHER WORDS, YOU ACKNOWLEDGED THAT YOU READ OUR TERMS AND CONDITIONS, UNDERSTAND, AND AGREE WITH THEM.