Traffic Travis Affiliate Agreement


Thank you for your interest in the Traffic Travis Affiliate Program. We are very excited to have you on board, but first it's important that we outline the details of the Traffic Travis Affiliate Agreement. 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 Traffic Travis Affiliate Program works, what Traffic Travis's roles and responsibilities are and what they are not, how you the Affiliate will be paid commission by ClickBank through the ClickBank Affiliate Network, and what your roles and responsibilities as an Affiliate are.

This Agreement has been designed to protect both Traffic Travis and Affiliates of Traffic Travis. Please read carefully and if you have any questions, please email us.


Main Points

Terms and Conditions


  1. Introduction
    1. Affiliate Program
    2. This Traffic Travis Affiliate Program Agreement (this "Agreement") is between you (an "Affiliate") and Traffic Travis Limited ("Traffic Travis").

      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 Affiliate Program.

    3. Who can be an Affiliate?
    4. All Affiliate must be at least 18 years old or older.

    5. What does an Affiliate do?
    6. An Affiliate is a webmaster or internet marketer who takes on the role of promoting Traffic Travis and the Traffic Travis website.

    7. How does the Affiliate Program work?
    8. 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 Clickbank ID with the intention of tracking referred traffic to Traffic Travis. When an Affiliate directs or sends a prospective buyer to the Traffic Travis website via a correctly formatted Affiliate Link and that visitor then purchases a product from Traffic Travis, the Affiliate will receive a commission from ClickBank on the sale of that product (the "Commission").

    9. ClickBank Affiliate Network
    10. Click Sales Inc. ("ClickBank") is responsible for the tracking of Affiliate Links, handling of payments and distribution of any Commission that is payable to Affiliate (together the “ClickBank Affiliate Network”).

      In relation to all aspects of the ClickBank Affiliate Network including, without limitation, the tracking of Affiliate Links and the payment of Commissions, Affiliate is entering a legal contract directly with ClickBank, and not with Traffic Travis. Traffic Travis 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 ClickBank Affiliate Network, including Affiliate's participation therein.

  2. Clickbank Affiliate Network
    1. Terms of Service
    2. Affiliate and Traffic Travis must both abide by the ClickBank [Terms of Use (“TOU”)] as are published by ClickBank from time to time at http://www.clickbank.com/terms.html

    3. Commission
    4. Commissions are paid to Affiliate by ClickBank via the ClickBank Affiliate Network. All payments and transactions are handled by ClickBank.

    5. Calculation of Commission
    6. Commissions paid in relation to the ClickBank Affiliate Network are based on product prices and the commissions' structure as outlined on the Traffic Travis website from time to time. Traffic Travis reserves the right to change the product prices and commissions' structure at its absolute discretion without prior notice to Affiliate.

      Affiliate will only receive a Commission for a sale tracked through Affiliate's Affiliate Link by ClickBank. 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 Traffic Travis website through an Affiliate Link that is not associated with Affiliate. Traffic Travis has no responsibility and no ability to redistribute a Commission to a different affiliate, including to Affiliate, after a sale has occurred.

    7. Payment of Commission
    8. Commissions are payable to Affiliate by ClickBank in accordance with ClickBank's TOU as may be varied by ClickBank from time to time, which may provide for payment by cheque on the 1st and the 16th of every month.

      Traffic Travis has no control, authority, or responsibility with respect to Commissions or in relation to any changes made by ClickBank to ClickBank's TOU, including ClickBank's payment or transaction procedures for Commissions.

    9. Disputes
    10. Any dispute in relation to the ClickBank Affiliate Network will be handled by ClickBank. Traffic Travis 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 Traffic Travis website or any Traffic Travis product

  3. Traffic Travis Responsibilities
    1. General
    2. Traffic Travis is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of fees.

    3. Privacy
    4. Traffic Travis respects the privacy of customers and each customer's personal information. Therefore, in order to protect customer privacy, Traffic Travis 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 Traffic Travis via Affiliate's Affiliate Link or not.

  4. Affiliate Responsibilities
    1. Provision of correct contact information
    2. Affiliate is responsible for providing Traffic Travis 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 Traffic Travis with correct contact information could result in the suspension of Affiliate's Affiliate Program account as Traffic Travis may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate's participation in the Affiliate Program.

      If Affiliate becomes aware that Traffic Travis has been provided incorrect contact information of Affiliate or if Affiliate's contact information becomes out-of-date, Affiliate must immediately contact Traffic Travis and provide Traffic Travis with correct contact information.

    3. Username and password
    4. 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 Traffic Travis by any person using Affiliate's username and password and Affiliate agrees to indemnify Traffic Travis 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.

      Traffic Travis 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 Traffic Travis immediately of any unauthorised use of Affiliate's account or any other breach of security.

    5. Prohibited actions
    6. The Affiliate agrees not to:

      • Misrepresent Traffic Travis's products and services;
      • Advertise or promote Traffic Travis products and services on any sites that:
        • promote sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
        • contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or
        • contain any violations of intellectual property rights or any other laws not otherwise listed here;
      • Disparage Traffic Travis, the Traffic Travis website, or any Traffic Travis affiliated products including, without limitation, referring to Traffic Travis and using the words “scam”, “rip-off”, or any words with a similar or associated meaning in any advertisement or website copy; or
      • engage in any conduct that is likely to impair or cause damage to the operation of the Traffic Travis website whether by way of a virus, corrupted file or through use of any other software or program.
    7. Spam
    8. Affiliate agrees to comply with all US Federal CAN-SPAM Acts.

      Traffic Travis has a zero tolerance policy towards spam and any Affiliate associated with spam. If Traffic Travis establishes, at Traffic Travis's absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Traffic Travis may immediately terminate Affiliate's Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.

    9. Affiliate Link
    10. Affiliate is solely responsible for ensuring that Affiliate's Affiliate Link is set up correctly. Traffic Travis is not responsible for Affiliate's failure to receive any Commission due to the incorrect formatting or configuration of Affiliate's Affiliate Link.

    11. Email
    12. Affiliate agrees to receive email or other electronic communications from Traffic Travis 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 Traffic Travis 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.

      Traffic Travis 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 Traffic Travis, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Traffic Travis.

  5. Traffic Travis Intellectual Property and brand
    1. Ownership of intellectual property
    2. Traffic Travis 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 Traffic Travis or to Traffic Travis's licensors (“Traffic Travis Intellectual Property”). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any Traffic Travis Intellectual Property except as expressly provided in this Agreement or with the prior written consent of Traffic Travis.

    3. Modification and display of Traffic Travis Intellectual Property
    4. Affiliate is not permitted to make any changes to any items of Traffic Travis Intellectual Property including, without limitation, the Traffic Travis logo, and any Traffic Travis images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent Traffic Travis, the Affiliate Program, or the Traffic Travis website.

    5. Use of Traffic Travis Intellectual Property
    6. Affiliate may use the particular Traffic Travis logos and images that Traffic Travis grants Affiliate access to within the “Affiliate Resource” section of the Traffic Travis website for purposes related to Affiliate's participation in the Affiliate Program only.

    7. Brand name
    8. Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any 'Traffic Travis brand name keywords' with respect to Internet search engines or register or use domains that include the wording “Traffic Travis” or any similar wording. Traffic Travis brand name keywords or similar wording includes “Traffic Travis” and any misspelling or variation of “Traffic Travis” including, without limitation, “Traffictravis”, “Traffik Travis” “Travis Traffic”, etc.

    9. Access to Traffic Travis data
    10. Affiliate is not entitled to have access to Traffic Travis data that is not publicly available for review or other purposes. Access to Traffic Travis data may be granted to Affiliate by Traffic Travis at Traffic Travis's absolute discretion.

  6. Guarantees, liability and disclaimers
    1. Warranties
    2. While Traffic Travis endeavours to ensure that the content of the Traffic Travis website is free from errors, Traffic Travis does not give any warranty or other assurance as to the content of material appearing on the Traffic Travis website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, Traffic Travis provides the Traffic Travis 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 purpose.

    3. No guarantee regarding income
    4. Traffic Travis makes no guarantee of any kind regarding the potential income that can be generated through Affiliate's participation in the Affiliate Program.

    5. Limitation of Liability
    6. To the extent legally permitted, in no event shall Traffic Travis 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 Traffic Travis website or participation in the ClickBank 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 Traffic Travis 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.

    7. Consumer Guarantees Act
    8. 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.

    9. Availability
    10. 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, Traffic Travis and Traffic Travis'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. Traffic Travis will not be liable to Affiliate should the Traffic Travis website or the services supplied through this website become unavailable, interrupted or delayed for any reason.

    11. Malicious code
    12. Although Traffic Travis endeavours to prevent the introduction of viruses or other malicious code (together, 'malicious code') to the Traffic Travis website, Traffic Travis does not guarantee or warrant that the Traffic Travis website, or any data available from it, does not contain malicious code. Traffic Travis 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.

    13. Security
    14. Although Traffic Travis 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 Traffic Travis website. Traffic Travis 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. Traffic Travis 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.

  7. Indemnification.
  8. Affiliate's use of the Traffic Travis website and its content is voluntary. Affiliate shall indemnify Traffic Travis 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 Traffic Travis website and content or Affiliate's failure to maintain the confidentiality or security of Affiliates password or access rights.

  9. Term and termination
    1. Term
    2. This Agreement is effective immediately upon Affiliate's acceptance of this Agreement and shall continue until terminated as described in this section 8.

    3. Termination without notice
    4. Traffic Travis 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 ClickBank's TOU.

    5. Termination for breach
    6. In the event of termination of this Agreement by Traffic Travis due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.

  10. Miscellaneous
    1. Waiver
    2. Any waiver by Traffic Travis of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

    3. Independent Contractors
    4. An affiliate is acting as an independent contractor when acting as an affiliate. No partnership, joint venture or any legal entity is created between Traffic Travis and the affiliate.

    5. Changes
    6. Traffic Travis 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. Traffic Travis will endeavor to inform Affiliate of any changes made to this Agreement via email.

    7. Feedback and unsolicited submissions
    8. If Affiliate provides Traffic Travis any feedback about the Traffic Travis website or the Affiliate Program, Affiliate grants Traffic Travis the right to use that feedback for the purpose of improving the Traffic Travis website or Affiliate Program (and for any other purpose Traffic Travis deems necessary or desirable) without being obliged to pay Affiliate any compensation in respect of Traffic Travis's use of that feedback. If Affiliate does send Traffic Travis unsolicited ideas such ideas will be deemed to be non-confidential and Traffic Travis will not be required to provide any acknowledgement of their source.

    9. Top Affiliates
    10. From time to time Traffic Travis 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 Traffic Travis into a special arrangement with any Affiliate is at Traffic Travis's sole discretion and Traffic Travis reserves all right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.

    11. Interpretation, Severability
    12. 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.

    13. Advertisements
    14. Traffic Travis does not necessarily endorse or recommend any of the goods or services advertised on or through the Traffic Travis website. Traffic Travis does not necessarily endorse or recommend any affiliates using our services.

    15. Third party websites
    16. The Traffic Travis website provides links and pointers to Internet sites maintained by third parties. Such linked sites are not under Traffic Travis's control and Traffic Travis is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. Traffic Travis 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.

    17. Confidentiality
    18. 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.

    19. Governing law
    20. 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 Agreement.

    21. Entire Agreement
    22. This Agreement is the complete and exclusive agreement between the Traffic Travis and Affiliate in relation to the Affiliate Program (but not in relation to the ClickBank Affiliate Network, for which Affiliate and ClickBank have obligations to each other independently of Traffic Travis) and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.

    23. Other rights reserved
    24. All rights not expressly granted in this Agreement are reserved by Traffic Travis.