This Agreement contains the complete terms and conditions upon which we offer you participation in the TabSite Partner Program (the "Program"). Acceptance of this Agreement by participation or continued participation in the Program on or after the effective date creates a binding legal agreement that you will use our TabSite Partner Program or its partners only in a manner that is consistent with this Agreement.
As used in this Agreement, "we" means TabSite(TabSite is Owned and operated by Digital Hill Multimedia, Inc.), "you" means the TabSite Partner, and "our Website" means www.TabSite.com and any similarly branded websites operated by us.
Subject to the terms and conditions of this Agreement, you will be eligible to earn commission on net product sales. Net product sales are calculated as the retail product subtotal. Any valid product returns or cancellations will void the product commission for the amount returned or cancelled. For a product sale to be eligible for commission credits, the customer must purchase the product via your unique TabSite URL, and remit full payment to us. As a condition precedent to the right to receive any commission hereunder, you agree that you will cash or deposit any commission check sent to your address of record within 90 days of the date of the check. Any failure to cash or deposit any such check within such period will cause any commission obligations associated with such check to be void ab initio. You will accrue commission on all product sales at the rate of twenty percent (20%). This includes recurring monthly/yearly renewals. You will receive 20% commission as long as the client has signed up through your unique URL (given at signup).
We will send a payment equal to the commissions accrued based on your Qualifying Revenues during that month. However, if the commissions accrued by you for any month are less than $50.00 we will hold payment of commission until you’re accrued commission credits exceed $50.00 We pay commission on a monthly basis, thirty (30) days following the end of each calendar month, for those content domains that satisfy the minimum commission rule we will send a check or Paypal equal to the commissions accrued based on your Qualifying Revenues during that month. However, if the commissions accrued by you for any month are less than $50.00 (for U.S. domains) we will hold payment of commission until you’re your accrued commission credits exceed $50.00 (for U.S. domains). If a product that generated commission credits is returned by the customer, we will deduct the corresponding commission from your next commission payment. Non-U.S. Partners will be paid through PayPal only. All Non-U.S. Partners must have a valid PayPal account to receive payment. If a U.S. Partner earning more than $500 in one year they will be sent a 1099 tax form.
Customers who buy products through the Program will be deemed to be customers of TabSite. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.
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. You are only eligible to accrue commission credits on Qualifying Revenues occurring during the term of this Agreement, and commission earned through the date of termination will remain payable, subject to Section 5 above, only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion by posting a change notice or a new agreement on our Website. Modifications may include, for example, changes in the scope of available commission credits, commission credit rates, payment procedures, and Program rules. We typically announce substantive changes to the terms of this agreement by email. 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 Website will constitute your binding acceptance of the change.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Agreement. You cannot identify yourself as an official representative of TabSite or identify yourself as TabSite in any way, shape, or form. You may identify yourself as a Partner Program Member of TabSite or as a TabSite Reseller.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue or profits) 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 commission paid or payable to you under this Agreement within the last six (6) months.
Unless you notify us of an asserted discrepancy in your commission payments within six (6) months from the date of the applicable payment, such payment shall be deemed accepted and no protest shall be allowed.
You hereby agree to indemnify and hold harmless Digital Hill Multimedia, Inc. (TabSite) and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in Digital Hill (TabSIte) for respect thereof) arise out of or are based on (a) any claim that your use of any trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (c) any claim related to your acts, omissions or website not attributable to us.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program. In addition, we make no representation that the operation of our Website will be uninterrupted or error free, and we shall not be liable for the consequences of any interruptions or errors.
You Acknowledge That You Have Read this agreement and agree to 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 websites that are similar to or compete with your website. 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.
This Agreement will be governed by the laws of the State of Indiana, without reference to rules governing choice of laws. 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 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. If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.
We DO NOT transfer existing TabSite accounts to Partner accounts after they have been previously created. If someone signs up for TabSite directly or via another partner rather than through your Partner URL,, that is the source that TabSite is linked to. Please do not ask us to transfer previously created TabSite accounts to be under your Partner account.