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November 23, 2017
 FAQ



Question:
What are the program Terms of Service?


Answer:
EPage.com Affiliate Program Terms and Conditions
This Agreement contains the complete terms and conditions that apply to an individual's or entity's use of and participation in the EPage Affiliate Program (the "Program"). General use of this EPage.com Web Site is covered here. As used in this Agreement, "we", "us", or "our" refers to EPage, Inc., and "you" or "your" refer to the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to EPage's site, located at the URL www.EPage.com, or to any site that you will link to our site (and which you will identify in your Program application), and all dollars ($) shall mean United States dollars.
  1. Eligibility.
    All members of EPage are eligible to use the Program. The Program is open to residents of planet Earth, but all payments will be in US Dollars. We may reject your ID if we determine (in our sole discretion) that your site is unsuitable for the Program. Any site that displays any of the following content shall be immediately removed from the Program, in EPage's sole and absolute discretion:
    • Sites that promote sexually explicit material;
    • Sites that promote violence;
    • Sites that promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
    • Sites that promote illegal activities;
    • Sites that contain defamatory, libelous, harmful material or otherwise infringe upon the rights of any third parties;
    • Sites that otherwise violate intellectual property rights;
    • Sites that contain no original content;
    • Sites that are dominantly advertisements (banner farms);
    • Sites that use excessive automatic page refreshes;
    • Sites that use any other method that may lead to artificially high numbers of impressions or clicks; or
    • Sites that are inconsistent with EPage's policies and/or practices.

    If we reject your application, you are welcome to re-apply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

  2. Commissions and Payments.
    We provide what is known as a two-tier affiliate program. You can earn commissions through Direct actions (the first tier), and you can also earn Residual commissions based on earnings of those you refer to us (the second tier). This program also is a "lifetime" commission affiliate program. This means that you will earn commissions for as long as you and the members you refer continue to use our system.
    a) Commissions. The Program has many actions where you can earn commissions. Affiliates will earn 10% Direct commissions from all local ad fees paid by users refered by the affiliate. Affiliates will also earn 50% Resdiual commission based on the earnings of each member who is refered by an affiliate. Some affiliates may have additional Direct earnings based on individual agreements. All Affiliates will be able to view their own earning percentages on the Affiliate Manager page. The commissionable events and earnings are:

    i) Direct Earnings: All Affiliates will earn 10% of local ad fees paid by users they have refered as long as both you and the referred customer have EPage accounts in good standing.
    ii) Co-Brand Earnings: Some Affiliates with co-branded classified sites may earn a percentage of local ad fees paid for ads placed through their site.
    iii) AdConnect Earnings: Affiliates with co-branded classifieds will earn a share of a pool of earnings based on the display and use of the site based on rules set up by our partner, AdConnect.com.
    iv) Residual Earnings: All Affiliates will earn a 50% Residual commission based solely on the Direct Earnings of members they refer.

    b) Payment Schedule. We will pay you on a monthly basis. On or before the fifteenth (15th) day after the end of a calendar month, we will send you a check for the fees earned during the previous month. For example, checks will be written by February 15th for money earned during the month of January. However, if the fees payable to you for any calendar month are less than $20, we will hold payment until the total amount due is at least $20.
    c) Bad debt/Reveral. Credit card chargebacks, bad checks, fraud, and other bad debt will be applied to and debited from your account. If you have already been paid for a reversed commission and do not have enough earnings in your account to offset the reversal, you may be required to repay the amount you owe.
    d) Reporting. Statements of activity will be available for you to view through special management areas on the EPage.com Site. The management area on our site will allow you to view pageviews, clicks, and money earned for the current calendar month as well as the previous calendar month. All statements shall be deemed correct 30 days after the end of a calendar month unless Affiliate gives EPage notice of any error prior to that date. EPage shall not be liable for any errors you, your customers, or any referred users make which result in any loss of any tracking information contained in our special link. To protect EPage's customers' privacy, the names or other personal information about specific members and Affiliates you refer will not be provided to you.

  3. Links.
    We will provide you with guidelines and graphical artwork to use in linking to our site. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with HTML Code (JavaScript as well as special link formats) to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn commissions only with respect to activity occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. You may provide on your site one or more of the following types of links to our site:
    a) JavaScript: Affiliates can display ad content directly on their Web sites with advanced JavaScript code we provide. We provide instructions to customize the look of this code to help you better integrate it with your own Site. This code cannot be modified in any way.
    b) Advertising Links: You can host graphical or text advertising to send potential customers to EPage. We will provide you with a few lines of HTML that you can use for graphical and text links that we create. In addition, you may create your own graphical or text links to send customers to EPage. These links may not misrepresent EPage or our service in any way. Your account will be subject to termination if any inappropriate links are not changed within five (5) days of notice. You will be solely responsible for ensuring that your customized link includes your unique affiliate code and is formatted properly, a necessary prerequisite for EPage to track such sales.
    c) General Link to EPage Home Page: You may provide a general link on your site to our home page at http://www.EPage.com if you want.
    You can add or remove links at any time: You may select and link to additional pages, or remove such links, at any time and without EPage's prior approval. However, you must use the correct special link format EPage would provide to you in order to receive proper credit for your referrals.
    No mirroring: Affiliate shall not frame the EPage website, or use functionally similar technologies in connection with the EPage website.
    No redistribution of EPage content: You may not sell, redistribute, sublicense or transfer all or any portion of the EPage content.
    No Storage: You may not store any EPage content in any database, or network of servers, or other repository, either with or without a central location, which enables others to share the EPage content.
    No Refresh or False Traffic: You may not place any EPage HTML code on a page that automatically refreshes or purports to give you large amounts of site traffic.

  4. Earnings Tracking.
    We use in-house software to track all activity of users referred to our site. This tracking includes, but is not limited to URL tracking, session tracking, cookies, and database records.
    a) Order Processing: EPage will exercise commercially reasonable efforts to process every order placed by a customer who utilizes the special link from your Web Site to the EPage web site. EPage will process order forms, payment processing, cancellations, returns, and related customer service. All of the EPage rules, operating procedures and policies regarding customer orders and accounts will apply to orders EPage receives through the special link from your Web Site. EPage reserves the right to reject any order for any or no reason, including any order that does not comply with EPage's rules, operating procedures and policies or that violates applicable law.
    b) Order Tracking: EPage will track orders made by customers who use the unique affiliate code from your Web Site. You will be solely responsible for ensuring that your special link includes your unique affiliate code and is formatted properly, a necessary prerequisite for EPage to track such sales.
    c) Referral Tracking: EPage will track all IDs referred to the Network, and associate them with your ID if the user was sent through a link with your unique affiliate code from your Web Site. All earnings will be calculated based on the ID of the first person to refer a user to EPage. For example, Affiliate "Abe" refers user "Joe" who registers with EPage.com, even for a non-paying service. Then affiliate "Bob" later independently sends user Joe to EPage.com and user Joe immediately posts a classified ad and makes a payment. Affiliate Abe will earn the referral commission as the original referring affiliate. You will be solely responsible for ensuring that your special link includes your unique affiliate code and is formatted properly, a necessary prerequisite for EPage to track such sales.

  5. Your Responsibilities.
    You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
    • the technical operation of your site and all related equipment;
    • inserting EPage code for each JavaScript or graphical or text advertisement you wish to host on your pages;
    • the accuracy and appropriateness of materials posted on your site;
    • ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights); and
    • ensuring that materials posted on your site are not libelous or otherwise illegal

  6. EMail.
    You may not use the Special Links in a commercial electronic mail message as defined in the CAN-SPAM Act of 2003. For clarification, this does not prohibit you from sending transactional or relationship messages as defined in the Act. EPage reserves the right to collect, withhold, or cancel any and all compensation related to the use of the Special Links in commercial electronic mail messages.

  7. Modification.
    From time to time, we may modify the terms and conditions contained in this Agreement. We agree to make these changes in good faith - this agreement will never be altered merely to avoid paying commission. We will notify you by email of any substantive changes to the terms of this Agreement. Modifications may include, for example, changes in the commission schedule, any bonus payments, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, PLEASE CONTACT US WITHIN THIRTY (30) DAYS OF OUR EMAIL NOTICE TO YOU. IT MAY BE THAT YOUR ONLY RECOURSE WILL BE TO TERMINATE THIS AGREEMENT, BUT WE WOULD LIKE TO DISCUSS YOUR CONCERNS BEFORE THAT HAPPENS. IF YOU DON'T CONTACT US WITHIN 30 DAYS OF OUR EMAIL NOTICE, WE WILL ASSUME THAT YOUR CONTINUED PARTICIPATION IN THE PROGRAM MEANS THAT YOU HAVE ACCEPTED THE CHANGE.

  8. Press and Communications.
    Any communication must accurately identify that you are participating in the "EPage Affiliate Program."
    a) Any communication must clearly and accurately describe the nature of your participation in the EPage Affiliate Program: your communication must not create confusion or misrepresent the nature of your or any other participant's participation in the EPage Affiliate Program.
    b) You may, without our prior consent, say that you have become an EPage Affiliate, and/or that you have joined or become a member of the EPage Program in any communication.

  9. ARBITRATION
    a) Any and all claims by and/or disputes between EPage and you arising out of and/or relating in any way to the subject matter of this Agreement shall be submitted to binding arbitration, in accordance with the Rules of the American Arbitration Association or another alternate dispute resolution service in the State of California. The binding arbitration shall be governed by the laws of the State of California.
    b) Arbitration under this Agreement shall be commenced by the complaining party's service of written notice of intent to arbitrate on the other party to this Agreement (the "responding party"), which notice shall specifically set forth the full nature and extent of the claim and/or dispute to be arbitrated, and the name, address and telephone number of an arbitrator selected by the complaining party to act as an arbitrator of the claim or dispute. Within thirty days from the date of this notice, the responding party shall send a written response to the claim and/or dispute to the complaining party, along with the name, address and telephone number of an arbitrator selected by the responding party to act as an arbitrator of the claim or dispute, if the responding party does not agree with the selection of arbitrator provided by the complaining party. If the parties have mutually agreed to a single arbitrator, or if the responding party fails to provide the name of an arbitrator, the complaining party shall submit all documents required by its selected arbitrator to commence the arbitration proceeding. If the parties have not mutually agreed to a single arbitrator, and the responding party has submitted the name of an arbitrator, the complaining party shall submit the name of the arbitrator it selected and the name of the arbitrator selected by the responding party to the American Arbitration Association, or other alternate dispute resolution service as set forth above, with instructions that these two selected arbitrators are to select a third arbitrator, and thereafter all three arbitrators shall proceed to hear and decide the arbitration proceeding. It is the responsibility of the complaining party in each instance to take all actions required to commence the arbitration proceeding within ninety (90) days of the date of receipt of responding party's response, or within one hundred twenty (120) days of the date of the complaining party's notice written notice of intent to arbitrate if responding party fails to send a response. If the arbitration proceeding is not commenced within these time periods, all rights to pursue to the claim or dispute are deemed to have been waived. All costs of commencing the arbitration proceeding shall be borne by the complaining party, subject to later reimbursement, in whole or in part, in accordance with the other provisions of this Agreement.
    c) All of the provisions of California Code of Civil Procedure §1283.05, and/or any other statute of similar substance and effect, is expressly incorporated into, and shall apply to, this Agreement with respect to permissible discovery in the arbitration proceedings provided for under this Agreement.
    d) The decision of the arbitrator(s) shall be binding on the parties, and may be entered as a judgment in a Court of competent jurisdiction, in the County of Los Angeles, State of California in accordance with the provisions of the California Code of Civil Procedure and any like law, statute, and/or statute of California or any State of the United States of America, or the United States of America. The judgment so entered may then be fully enforced by the prevailing party in the arbitration in the same manner as any judgment rendered by a Court of competent jurisdiction.

  10. Term and Termination.
    The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the 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 EPage trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Fees earned through the date of termination will remain payable.
    a) Termination for Cause. EPage will have the right to terminate this agreement for cause if:
    • You breach any material term or condition of this agreement and fail to cure such breach within five (5) days after receipt of written notice of the same;
    • You are found to have participated in mass unsolicited emailings (i.e. spamming);
    • Your site promotes sexually explicit material;
    • Your site promotes violence;
    • Your site promotes discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age;
    • Your site promotes illegal activities;
    • Your site contains defamatory, libelous, harmful material or otherwise infringe upon the rights of any third parties;
    • Your site otherwise violate intellectual property rights;
    • Your site contains no original content;
    • Your site is predominantly advertisements (banner farm);
    • Your site uses excessive automatic page refreshes; or
    • Your site uses any other method that may lead to artificially high numbers of impressions or clicks.
    Termination for cause will cause you to forfeit any and all earnings through the Program, including future earnings from entities you referred.
    b) Termination without cause. If we terminate this relationship without cause, we will owe you only for those sales that have been unpaid up through the date of termination. However, you will continue to receive commissions on second-tier affiliate sales that signed up under you when you were an affiliate. In addition, you may choose to end the relationship entirely and "cash out," by notifying us (either by email or in writing), whereby we pay you all amounts owed, even if less than the minimum threshold for payment. There will be a $10 processing fee applied prior to payment, and your check will be sent within thirty (30) days of receipt of your request. However, should you "cash out," we will not be required to pay future commissions, if any, for second-tier affiliate sales.

  11. Limitation of Liability.
    EXCEPT WITH RESPECT TO ANY LIABILITY OF EITHER PARTY TO THE OTHER PARTY ARISING ELSEWHERE IN THIS AGREEMENT HEREUNDER: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOSS OF PROFITS, REVENUES OR DATA, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

  12. No other Warranties.
    THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR EXCLUSIVE REMEDY, AND PROVIDER'S ENTIRE LIABILITY WITH RESPECT TO THE TECHNOLOGY AND THE SITE, SHALL BE AS SET FORTH HEREIN. YOU FURTHER AGREE THAT PROVIDER SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE TECHNOLOGY OR THE SITE, OR THE BREACH OF ANY WARRANTY OR REPRESENTATION CONTAINED IN THIS AGREEMENT.

  13. Jurisdiction.
    This Agreement shall be deemed to have been made in, and shall be deemed to be required to be performed in, the County of Los Angeles, State of California, United States of America. This Agreement shall be governed by and construed under California law. You expressly agree to submit to the jurisdiction of the courts of the County of Los Angeles, State of California, in the event of any legal action brought under or arising from this Agreement, including, but not limited to, the entry of judgment on an arbitration award as provided for under this Agreement.

  14. General Provisions
    a) Web Site service interruption: EPage will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold EPage liable for any of the consequences of such interruptions.
    b) Independent Contractors. The parties to this Agreement are independent contractors, and no agency, partnership, franchise, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party may take any actions which are binding on the other party. Without limiting the foregoing, Provider shall not make any representations or warranties to third parties on behalf of Brander.
    c) Independent Investigation. You acknowledge that you have read this agreement and agree to all of 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 yours. 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.
    d) Contact. Should you have questions, problems, or concerns about the handling of your affiliate status, you may contact EPage at any of the numbers or addresses below. While all problems cannot be resolved to everyone's satisfaction, we promise to do our best to treat you fairly and openly in all transactions.

    Email: waller@EPage.com
    Phone: 310.316.7424
    Fax: 310.316.7624

    Mailing address:
    EPage, Inc.
    Riviera Center Suite 203
    1815 Via El Prado
    Redondo Beach, CA 90277
 



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