Affilaite referrals - terms and conditions
Welcome to Monologix, Inc.’s affiliate referral program. By submitting an Application, or by accessing the Interface, the Person named in the Application (the “Affiliate”) is offering to participate in the Monologix, Inc. referral program, and market our products and services, in accordance with these term and conditions.
The relationship between the parties shall always be that of independent contractors. No partnership, employment, or joint venture relationship is formed by this referral agreement. The affiliate is never to position itself as affiliated with the company, except as an independent referrer. In view of this independent relationship the agent shall not enter into any agreements on behalf of the company, shall make no warranty either expressed or implied on behalf of the company and shall not incur any expenses on behalf of the company.
If you do not agree with each provision of this agreement, or you are not authorized to agree to accept this agreement on behalf of the person you purport to represent, you may not access or use the affiliate platform. Acceptance of the Application is subject to the sole discretion of Monologix, Inc.
This agreement contains the following provisions:
1. Scope of the agreement
This agreement is between you and all persons you represent (and for purposes of this agreement, “person” includes individuals and any type of incorporated or unincorporated entity) and Monologix, Inc.(the Company) regarding your access to and use of the Monologix, Inc. affiliate platform and all content, information, products and services available on or through the website (collectively, the “website”).
2. Permission to participate in the affiliate referral program
Any individual contracting on his or her own behalf warrants that he or she is aged 18 or over and can form legally binding contracts under applicable law. Any individual completing the Application on behalf of a proposed affiliate warrants that he or she has all necessary authority to bind that proposed affiliate.
3. Invoicing and Payments
Monologix, Inc. will make referral commission payments to active affiliates who generate qualifying purchases on the BoatTests101.com website. The referral fee will be based on the net value of the services sold by Monologix, Inc. DBA Boattests101.com and CanadaBoatSafety.com as a direct result of a referral. Net value shall exclude value added tax, refunds and payments not honored by a financial institution.
Payments are subject to any minimum payment thresholds implemented by Monologix, Inc.; the correct, accurate and complete bank and tax information of the affiliate being shown on the platform; and the provision of any additional information reasonably requested by Monologix, Inc. in respect of the affiliate’s location or residence.
4. Permitted use and ownership details
The affiliate may make use of the BoatTests101.com marketing assets for the sole purpose of promoting the company’s goods or services. Any such use shall be in accordance with the company’s policies. It is expressly understood that this referral agreement does not grant the agent any interest in the company’s marketing assets or any other intellectual property rights.
The website, including all content, formatting, graphics, layout, and any other elements available on or via the website is the property of Monologix, Inc., and is protected by international copyright, trademark and other laws. Your use of the website or its assets does not transfer any ownership to you, or any other rights in the website or its content.
5. Errors and omissions
Monologix, Inc. endeavours to ensure current and accurate information on its websites. However, it is possible that misprints, inaccuracies, omissions or other errors may occur.
Monologix, Inc. reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person. Monologix, Inc. can make any change at any time to the products and services advertised or available for use, including but not limited to their prices, fees, specifications, promotional offers, and any other website content without notice or liability to you or any other person.
6. Trademark information
Monologix, Inc., BoatTests101.com, CanadaBoatSafety.com and other names and logos appearing on or in connection with our websites are unregistered trademarks, trade names and logos owned Monologix, Inc. Any use of the above, except as expressly provided in this agreement, is strictly prohibited.
7. Intellectual Property
The affiliate shall use information and data obtained from and in connection with participating in the affiliate program only for the purpose of this agreement. Uses for any other purpose, or disclosure of such information and data are prohibited. The affiliate will not, and will not attempt to, change, reverse engineer or create derivative works of the platform, or tracking code. The affiliate will not, and will not attempt to, frame, mirror, scrape, or data-mine any content from websites owned by Monologix, Inc. The affiliate is granted permission to link to any websites owned by Monologix, Inc., however this may, at Monologix, Inc.’s discretion be revoked at any time and without any notice or liability.
Access to and use of associated websites are to be at the user’s own risk, without any representations, warranties or conditions of any kind, whether express or implied.
9. Liability exclusions
Monologix, Inc. will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the websites or this agreement, including but not limited to profits, reputation, or economic loss, under any theory of liability, regardless of any negligence or other fault or wrongdoing (including without limitation to gross negligence and fundamental breach) by Monologix, Inc. or any person for whom Monologix, Inc. is responsible.
Notwithstanding any other provision of this agreement, Monologix, Inc. may at its discretion, change, discontinue, modify, restrict, suspend or terminate any of its websites or the affiliate program or any part, without any notice or liability to you or any other person. Permission or use of related websites, the affiliate program, or this agreement may, at any time, be terminated without liability to you or any other person.
Without prejudice to its other rights or remedies, Monologix, Inc. may terminate the Agreement immediately on written notice to the other party, if the other party materially breaches this Agreement. On termination of the Agreement: all permitted use shall terminate and the affiliate must immediately remove any materials and links used for the purposes of the affiliate program. Monologix, Inc. may deactivate any tracking links at its discretion. If there has been no material breach of this agreement, Monologix, Inc. will pay all outstanding commissions due to the affiliate. However, if there has been a material breach of this agreement, all unpaid commissions as of the date of termination, or accruing after the date of termination, shall be forfeited to Monologix, Inc. irrevocably and the affiliate hereby waives any right or entitlement to recover such commissions from Monologix, Inc.
The Parties irrevocably agree that this agreement, and all matters related to Monologix, Inc., shall be governed by the laws of Ontario, Canada. Any dispute or claim that arises out of, or in connection with, the Agreement or its subject matter shall be exclusively settled in the courts of Ontario.
12. Changes to this agreement
Monologix, Inc. may, at its sole discretion, change this agreement from time to time as it sees fit. A revised agreement will be posted on the affiliate website and emailed to each affiliate to be reviewed and subsequently agreed upon by the affiliate to enable continued use of the platform.
Any questions or comments in relation to these terms and conditions may be directed to:
Mail: PO Box 15537 Royal York Bloor
Etobicoke, Ontario, Canada M8X 1C0
Email: [email protected]