FDIS San Francisco Affiliate Program Agreement
This Agreement contains the entire terms and conditions for participation in the FDIS San Francisco Affiliate
Program. As used in this Agreement, "we" FDIS San Francisco, and "you" means the applicant. "Site" means
a World Wide Web site and, depending on the context, refers either to FDIS San Francisco's site or to the site
that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We
will give careful consideration to your application and will send you an email with our decision. We reserve
the right to remove you from the program at any time without prior notice if it comes to our attention that, in
our sole discretion, your site is unsuitable for the program. Unsuitable sites include, but not limited to those
that: contain nudity or pornographic material, promote violence, promote discrimination, promote the use of
bulk e-mail or spam, promote illegal activities, or violate intellectual property rights.
2. Links on Your Site
You will be given instructions to link to our site in a way that identifies your site and gives you credit for every
sale that originates from your site. We will provide you with links and banners to use in linking to our site. When
your customer clicks on the link located on your site they will be taken to our site, and then asked to "apply"
from there.
3. Payout
We will pay you: $100 commission (option 1) or 10% of gross processing revenue (GPR) as residual income
(option 2) for every customer referred by you who purchases a new credit card terminal, software, or an Internet
Payment Gateway with activated merchant account service. Commissions are paid twice a month. Residuals
are paid once a month. You are not allowed to receive a commission by referring yourself or by referring
yourself through another affiliate. We reserve the right not to pay out commissions on any referral on which we
suspect this has occurred.
4. Promotion
You are free to promote the link to FDIS San Francisco in all the ways possible excluding inappropriate
Internet marketing techniques. Such includes sending unsolicited email, inappropriately posting in
newsgroups or discussion forums and participating in any other format of spam. Violations will result in
immediate termination of this Affiliate Agreement.
5. Limited License
We grant you a limited, non-exclusive, non-transferable license, during the term of this Agreement, to use text
and images, owned by FDIS for the sole purpose of marketing, advertising and promoting FDIS San
Francisco's site. You may not alter or modify the link or banner, or any of our images in any way without our
permission. We reserve all of our rights in the icon, the message, any other images, our trade names and
trademarks, and all other intellectual property rights. The license herein granted shall automatically and
immediately cease upon the termination of this Agreement.
6. Term of the Agreement
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 or email notice of termination. You are only eligible to earn commissions on
sales occurring during the term.
7. Modification
We 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 our site. Modifications may include, for
example, changes in the scope of available commissions, commission 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.
8. Relationship of Parties
You are an independent contractor and nothing in this agreement is intended to or will create any form of
partnership, joint venture, agency, franchise, sales representative or employment relationship with us.
9. Limitation of Liability
We 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 this Agreement.
10. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your
potential to earn income from the Affiliate Program. In addition, we make no representation that the operation
of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
11. 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 COMPETITIVE WITH YOUR WEB
SITE. 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.
12. Miscellaneous
This Agreement will be governed by the laws of the United States and the State California, without reference
to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state
courts of general jurisdiction in the state California, 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.
Program. As used in this Agreement, "we" FDIS San Francisco, and "you" means the applicant. "Site" means
a World Wide Web site and, depending on the context, refers either to FDIS San Francisco's site or to the site
that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Affiliate Program application via our site. We
will give careful consideration to your application and will send you an email with our decision. We reserve
the right to remove you from the program at any time without prior notice if it comes to our attention that, in
our sole discretion, your site is unsuitable for the program. Unsuitable sites include, but not limited to those
that: contain nudity or pornographic material, promote violence, promote discrimination, promote the use of
bulk e-mail or spam, promote illegal activities, or violate intellectual property rights.
2. Links on Your Site
You will be given instructions to link to our site in a way that identifies your site and gives you credit for every
sale that originates from your site. We will provide you with links and banners to use in linking to our site. When
your customer clicks on the link located on your site they will be taken to our site, and then asked to "apply"
from there.
3. Payout
We will pay you: $100 commission (option 1) or 10% of gross processing revenue (GPR) as residual income
(option 2) for every customer referred by you who purchases a new credit card terminal, software, or an Internet
Payment Gateway with activated merchant account service. Commissions are paid twice a month. Residuals
are paid once a month. You are not allowed to receive a commission by referring yourself or by referring
yourself through another affiliate. We reserve the right not to pay out commissions on any referral on which we
suspect this has occurred.
4. Promotion
You are free to promote the link to FDIS San Francisco in all the ways possible excluding inappropriate
Internet marketing techniques. Such includes sending unsolicited email, inappropriately posting in
newsgroups or discussion forums and participating in any other format of spam. Violations will result in
immediate termination of this Affiliate Agreement.
5. Limited License
We grant you a limited, non-exclusive, non-transferable license, during the term of this Agreement, to use text
and images, owned by FDIS for the sole purpose of marketing, advertising and promoting FDIS San
Francisco's site. You may not alter or modify the link or banner, or any of our images in any way without our
permission. We reserve all of our rights in the icon, the message, any other images, our trade names and
trademarks, and all other intellectual property rights. The license herein granted shall automatically and
immediately cease upon the termination of this Agreement.
6. Term of the Agreement
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 or email notice of termination. You are only eligible to earn commissions on
sales occurring during the term.
7. Modification
We 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 our site. Modifications may include, for
example, changes in the scope of available commissions, commission 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.
8. Relationship of Parties
You are an independent contractor and nothing in this agreement is intended to or will create any form of
partnership, joint venture, agency, franchise, sales representative or employment relationship with us.
9. Limitation of Liability
We 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 this Agreement.
10. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your
potential to earn income from the Affiliate Program. In addition, we make no representation that the operation
of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
11. 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 COMPETITIVE WITH YOUR WEB
SITE. 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.
12. Miscellaneous
This Agreement will be governed by the laws of the United States and the State California, without reference
to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state
courts of general jurisdiction in the state California, 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.
 | |  | |  | |  | |  | |  | |  | |  |
| The First Data Independent Sales Agent Program is operated by Cardservice International, Inc. Cardservice International, doing business as First Data Independent Sales (FDIS), is a registered ISO/MSP for Wells Fargo Bank, NA, Walnut Creek, CA an FDIC insured bank. American Express® requires separate approval. FDIS San Francisco is an independent agent office for Cardservice International. |