• Overview of program 

• Definitions

• Relationship of parties and terms of agreement

• Enrollment in the program

• Commission structure and payment policies

• License ownership and use of trademark

• Affiliate obligations

• Merchant obligations

• Indemnification and termination 

• Confidentiality

• Warranty

• Liability

• Publicity

• Modifications to agreement

OVERVIEW OF PROGRAM
This agreement contains the terms and conditions that apply to participation in the InkSell.com Affiliate Partner Program.

DEFINITIONS
In this agreement, “we” refers to InkSell.com and “you” refers to the applicant. Applicants must be eighteen years of age or older to enter into this Agreement.

RELATIONSHIP OF PARTIES
This is an agreement between InkSell.com, a division of Acecom, Inc. (a Texas corporation located at 14833 Bulverde Road, San Antonio, Texas 78247) AND YOU ("you" the "Affiliate" applicant). 

ENROLLMENT IN THE PROGRAM
You must complete an online application for the InkSell.com program. We will carefully review your information and notify you of acceptance or rejection to the program. We may reject your application at our discretion for any or none of the following reasons: inappropriate or incomplete site content, foreign site (outside of the United States) or site using a foreign language, site with a bad or broken URL, or a site inconsistent with the mission of InkSell.com. If your site is accepted, InkSell.com reserves the right to terminate this agreement anytime thereafter if your site is determined to be unsuitable for the program. You may also terminate this agreement at anytime with notice to us.

COMMISSION STRUCTURE AND PAYMENT POLICIES
InkSell.com will pay from 15 to 32% of sales made by Inksell that you refer from your site. You will earn 32% on regular products* which include compatible inkjet cartridges and laser toners, remanufactured cartridges, ink refill kits, and papers.  You will earn 15% on OEM (original manufacturer's brand) and solid inks for Tektronix Phaser printers.  The cookie duration for repeat orders is 365 days.
*These products account for approximately 80% of the sales on our site.

LICENSE OWNERSHIP AND USE OF TRADEMARK
Subject to the terms and conditions of this contract, InkSell.com hereby grants to the Affiliate a limited, non-exclusive, non-transferable license to use the InkSell.com advertising materials provided to Affiliate by InkSell.com (if any) (the "InkSell.com Materials"), and to use the InkSell.com trademarks, service marks and logos set forth therein, or as otherwise specified in writing by InkSell.com (collectively the "InkSell.com Marks"), for the sole purpose of linking to the appropriate InkSell.com page. The Affiliate shall use only the most current InkSell.com Materials, as may be provided by InkSell.com from time to time. Affiliate shall not form any combination marks with InkSell.com Materials. Affiliate hereby admits and recognizes InkSell.com’s exclusive ownership of InkSell.com Materials and the renown of such Materials worldwide. Affiliate agrees not to take any action inconsistent with InkSell.com ownership of InkSell.com Materials and agrees that any benefits accruing from use of such Materials shall automatically vest in InkSell.com. Affiliate may not modify for public display any InkSell.com Materials, logos or marks, except upon receiving InkSell.com prior written approval. Affiliate may not sublicense, resell, assign or transfer any of its rights hereunder, without the prior written approval of InkSell.com, such approval to not be unreasonably withheld. Any attempt to resell, assign or transfer such rights absent such approval is void and shall, at InkSell.com election, result in immediate termination of this contract, without liability to InkSell.com. All rights not expressly granted hereunder are reserved to InkSell.com.

RESTRICTIONS
You may use the Materials only as an active hypertext link to (as applicable) the appropriate InkSell.com page. The Materials may not link to any other page. You may not cause the link to create a new browser window (unless such window occupies 100% of the user's screen and appears above all other browser windows), or otherwise cause users to display the InkSell.com site in a distorted fashion.
 
You may display the Materials only in the form and at the size InkSell.com provides to you. You may not modify or alter the Materials in any way, including size, proportions, colors, elements, type or in any other respect. You may not animate, morph or otherwise distort the Materials’ perspective or dimensional appearance, nor may you use screen shots of your pages (to the extent that the Materials appears in the screen shot) in any other medium. If InkSell.com provides you with a substitute version of the Materials, you shall replace the Materials as soon as reasonably possible. 

The Materials shall be surrounded by a reasonable amount of empty space, and you may not use the Materials in conjunction with other logos or marks in a way that would create a combination mark. You may not use the Materials in a way that suggests that InkSell.com endorses or sponsors your site. The Materials may not appear larger or more prominently than other branding on the page on which it is displayed. 

You may not use the Materials in any way that tarnishes, blurs or dilutes the quality of the InkSell.com trademarks or any associated goodwill. Without limiting the foregoing, you shall not display the Materials on any pages that contain infringing or illegal content or links. 

You acknowledge InkSell.com has sole and exclusive ownership of the Materials, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to the Materials. All use of or goodwill associated with the Materials shall accrue to InkSell.com benefit. You may not use the Materials in any manner not expressly authorized under this Agreement. You may not purchase search engine advertising or other keyword-based online advertising using "InkSell" and / or "InkSell.com" as the keyword.

AFFILIATE OBLIGATIONS
You agree to place an InkSell.com link on you site. You will be responsible for the development, operation, and maintenance of your site and all the materials appearing on that site. You will ensure that all content and materials on your site are legal, and do not infringe upon the rights of any person or entity. You will agree to remove all links regarding promotions as soon as the promotion expires and agree that you will not be paid commissions on sales stemming from outdated promotions. You agree that you will not be paid commissions on items purchased for yourself or your company. You agree to submit the URLs of all sites that you plan to use in connection with our affiliate program. You acknowledge that use of unsolicited email, “spam,” is not permitted. Opt-in mailings to your membership are allowed. Use of parasite ware or other technology (browser plug-ins, toolbars, or pop-ups) used to retain or acquire new customers that knowingly or unknowingly undermines or removes another affiliate’s ability to compete by changing or intercepting, or redirecting a link from the originating link is prohibited. Commissions from such actions will be forfeited and you may be removed from the program.  You may not purchase items through the InkSell Affiliate Program for the purpose of reselling. Commissions from such actions will be forfeited and you may be removed from the program.

MERCHANT OBLIGATIONS
InkSell.com agrees to pay commissions on sales made by InkSell.com that you refer from your site. Payments will be made each month that you exceed the minimum payment threshold of $20. Payments not reaching the minimum will be carried over to the following month. InkSell.com will review and respond to applications and inquiries in a timely fashion, usually within one week.

INDEMNIFICATION AND TERMINATION 
In the event of the Affiliate’s breach of any warranty or representation set forth in this agreement, InkSell.com may terminate this contract, without liability of any kind, upon providing the Affiliate with five (5) days written notice and opportunity to cure. Affiliate shall indemnify and hold harmless InkSell.com against any and all expenses and losses of any kind (including reasonable attorneys’ fees and costs) incurred by InkSell.com and/or its affiliates in connection with any claims arising out of the publication of the InkSell.com advertisements, and/or the Affiliates use of the InkSell.com materials provided hereunder.

InkSell.com may terminate this Agreement or the trademark license at any time for any reason or no reason. You may terminate this Agreement at any time for any reason or no reason. This Agreement and your license automatically terminates if you breach any provision of this Agreement. In the event of termination, you shall immediately remove the Materials from your site.

CONFIDENTIALITY
The Affiliate shall use their reasonable efforts to keep confidential the terms and conditions of the Agreement, and all information regarding the specific viewing of InkSell.com advertisements, the click-through rates of such advertisements and the demographics of viewers who click-through to an InkSell.com site. The Affiliate may not disclose the other party’s confidential information and may not use such information except as required to perform under this contract. The Affiliate’s breach of this confidentiality provision would cause InkSell.com irreparable harm and InkSell.com shall be entitled to appropriate injunctive relief in the event of such breach. However, the Affiliate may use aggregate demographic information once stripped of any personal identifiable information.

WARRANTY
No warranty. The material is provided "as is." InkSell.com disclaims all warranties, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

LIABILITY
Liability limits. Inksell.com disclaims all consequential, incidental or special damages or lost profits arising out of or in connection with this agreement (however arising, including negligence).  Inksell.com’s total liability to you is limited to  $1,000. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

Back to top  | Apply now