Please read this entire agreement outlining the terms and conditions of becoming an affiliate of Nationwide Satellite, a division of Westar Holdings Inc. Please note that there are several marketing methods that are prohibited under this agreement.
For the purposes of this agreement, Nationwide Satellite will be referred to as "Nationwide", the referring affiliate will be known as "affiliate" or "you" and collectively Nationwide Satellite and Affiliate will be known as the "Parties" and HughesNet Satellite Internet may also be referred to as "product(s)".
1) Term of the Agreements: The term of this Agreement will begin upon acceptance of your Affiliate application by Nationwide and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Affiliate is only eligible to earn referral fees on sales occurring during the term.
2) Relationship of Parties: You are agreeing to become an affiliate of Nationwide. You understand that Nationwide is the authorized dealer for HughesNet Satellite Internet. YOU UNDERSTAND AND AGREE THAT YOU ARE NOT ALLOWED TO REPRESENT YOURSELF AS HAVING ANY RELATIONSHIP WITH HughesNet OR ANY OTHER PRODUCTS WE CARRY AND THAT YOU CAN ONLY REPRESENT YOURSELF AS AN AFFILIATE OF NATIONWIDE. You also understand that you are an independent contractor and not an employee of Nationwide and as such you are responsible for all Federal and local income taxes. If your income exceeds $599 you will be required to furnish your social security or EIN number for tax reporting purposes. All commissions exceeding $599 will be held until this information is provided. You agree that all banners, text links etc. will direct prospects to www.nationwidesatellite.com or to our 800# sales line of 1-888-892-2131 and never to a different website or phone number.
3) Responsibilities of Nationwide: Nationwide agrees to give it's best effort to credit all sales that are referred to it by using unique "Promo Codes" that identify each affiliate's referred customers either through a shopping cart transaction or a phone sale. This is defined by our "New Customer Terms and Conditions" posted on our web site at:
Commissions will be paid on "qualified installed customers". Commissions will be paid on or about the 15th of each month on all qualified referred customers installed during the prior month.
4) Responsibilities of Affiliate: You agree to use your best efforts to promote Nationwide to customers within the continental United States. You agree to only use approved marketing materials provided to you in the affiliate site marketing area. You agree not to modify any of these materials without express approval from Nationwide. You agree that all banners, text links etc. will direct prospects to www.nationwidesatellite.com or to our 800# sales line of 1-888-892-2131 and never to a different website or phone number. Commission will not be paid for referring yourself as a new customer or for referring someone who lives in the same household.
THE FOLLOWING MARKETING TACTICS ARE PROHIBITED:
The only authorized form of marketing allowed is placing our approved banners, text links etc. on your web site. All other online or offline marketing is prohibited without pre approval of Nationwide including but not limited to the following:
Telemarketing: You are prohibited from using any telemarketing methods to promote Nationwide or our products. This includes but is not limited to:
- Live operators
- Auto dialers
- The use of dialers to broadcast recorded messages to answering machines or voicemail systems referred to as Voice Broadcasting.
Email marketing: Due to the potential problems and liabilities related to email marketing you are prohibited from using email as a marketing method to promote Nationwide or our products.
Fax marketing: You are prohibited from using a fax machine to promote Nationwide or our products.
TV or radio marketing: You are prohibited from promoting Nationwide or it's products through TV or radio marketing.
YOU AGREE NOT TO USE THESE TACTICS AND FURTHER UNDERSTAND THAT USE OF SUCH TACTICS WILL RESULT IN IMMEDIATE TERMINATION OF THIS AGREEMENT AND IN ADDITION YOU MAY FORFIET ANY UNPAID COMMISSIONS.
5) Spyware And Other Parasites: Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Nationwide Satellite and/or its partner sites) is subject to punitive actions by Nationwide, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. Nationwide encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by Nationwide, be provided, Nationwide reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.
6) Modification: Nationwide may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7) Limitation of Liability: Nationwide 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
8) Independent Investigation: 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 WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
9) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Arizona, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Maricopa County Arizona, and you irrevocably consent to the jurisdiction of such courts. 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 and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By clicking below, I am electronically signing this agreement and agreeing to all the above terms and conditions
