Advanced Search

Tech for Less LLC Affiliate Program Details

It is our sincere intent and promise to you to be fair and to treat you with respect! You are very important to us. We simply ask the same consideration of you. We have written the following Affiliate Agreement with you in mind as well as protecting our company's good name.

If you have any questions, please don't hesitate in letting us know. We are strong believers in straightforward and honest communication. For quickest results please email us: affiliates@techforless.com

You can also reach us via regular mail:
Affiliate Manager
1610 Garden of the Gods Rd., Suite 100
Colorado Springs, CO 80907

AFFILIATE AGREEMENT

This is an Affiliate Agreement ("Agreement") between Tech for Less LLC ("TFL") with a principal place of business at 1610 Garden of the Gods Rd., Suite 100 Colorado Springs , CO 80907, a Colorado corporation, and you the Affiliate (“Affiliate”).

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE COMPLETING THE APPLICATION TO BECOME AN AFFILIATE OF TECH FOR LESS LLC

1. Application. To become an Affiliate of TFL, complete and submit the Affiliate Application (the "Application"). As part of the Application, Affiliate shall provide TFL with a valid United States Tax Identification Number, if applicable.   TFL will notify you if TFL approves your Application. TFL may accept or reject your Application in its sole discretion. Upon acceptance, you will become an Affiliate of TFL and the terms and conditions of this Agreement shall govern the relationship between you and TFL with respect to linking and commissions.

2. Term. The term of this Agreement shall commence upon notice of approval of your Application to become an Affiliate and shall continue until terminated as provided in this Agreement. TFL and Affiliate each may terminate this Agreement immediately upon giving notice to the other. Inactive affiliates may be removed from participation in the Program. Inactive means little or no "click-throughs" via Affiliate’s banner/text links, as monitored via TFL affiliate program administrative panel, for a period of no less than sixty (60) days and/or non-placement of affiliate banners/text ads. TFL will contact Affiliate before removal for inactivity and efforts will be made to help and encourage affiliate’s participation in the Program.

3. Capacity. You hereby represent and warrant that you are an adult of at least eighteen (18) years of age and that, if you are agreeing to the terms and conditions of this Agreement on behalf of a legal entity (corporation, partnership, or the like), you have actual authority, and are duly authorized, to enter this Agreement.

4. Modifications Of This Agreement. TFL may modify this Agreement and the terms and conditions set forth herein at any time and for any reason. Such modifications shall take effect prospectively seven (7) days from the posting of such change. A copy of each version of this Agreement and changes to this Agreement shall be posted. If Affiliate does not agree to be bound by any modification to this Agreement, Affiliate's sole option and remedy is to terminate this Agreement.

5. Links. TFL shall make available to Affiliate a variety of graphic and textual links that Affiliate may display as often and in as many areas on Affiliate's Internet site as Affiliate desires. A Link will serve to identify Affiliate's Internet site as an Affiliate of TFL and will establish a link from Affiliate's Internet site to TFL's Internet site. A Link may connect to various category areas or product pages of our site. A Link may also be related to banners, contest or promotion.

Product Links: You may promote any product in the TechForLess product offering as long as the link is obtained from the affiliate toolbox. Tech for Less product offerings change frequently so it is the responsibility of the affiliate to ensure these links are up to date at all times. Offers may be withdrawn at any time.

Affiliates are not allowed to spider the TechForLess site to obtain our content and contextual. Any affiliate who attempts to do so will be revoked from the program and any outstanding referral fees will also be forfeited. Only materials provided via our affiliate toolbox may be used for product promotion. The primary product image from the TechForLess website may be used as well.

6. Use Of Links. For the purpose of linking from Affiliate's Internet site to the TFL Internet site, Affiliate shall display on Affiliate's Internet site only those Links that are provided by TFL without modification of any kind. Affiliate shall substitute expired Links with new Links as provided by TFL from time to time. Neither the Links nor the operation of the Links shall alter the look, feel, or functionality of the TFL Internet site. Web sites that use any method that automatically redirects the customer to TechForLess.com by execution of an affiliate link is in violation of the Affiliate Agreement.  The customer must click on a TechForLess affiliate link to set the affiliate cookie.

7. User Purchases. In the event a user or visitor to Affiliate's Internet site uses a Link on Affiliate's Internet site to access the TFL Internet site and makes a purchase via the TFL Internet site, TFL shall be solely responsible for processing such purchases including, but not limited to, obtaining customer information, billing, fulfillment, customer service, and record keeping. Customers who buy products or services from TFL on or through the TFL Internet site shall be deemed to be customers of TFL and TFL's rules, policies, and operating procedures concerning customer orders, customer service, and the sale of products and services on or though TFL's Internet site shall apply to those customers. TFL shall determine, in its sole and absolute discretion, the products and services to be sold on or through the TFL Internet site and the prices to be charged for such products and services. Purchases are tracked via cookies and you understand that some web browsers permit users to elect not to receive cookies. Only visitors who accept cookies can be tracked for referral fees. You understand that no referral fee can be paid for any purchase made by a visitor who does not accept "cookies" or who has deleted our "cookies" during a session.

8. Referral Fees. In the event a user or visitor to Affiliate's Internet site uses a Link on Affiliate's Internet site to access the TFL Internet site and makes a purchase via the TFL Internet site ("Qualifying Purchase(s)"), TFL shall pay Affiliate a fee as set forth below. Fee payments shall be applied against amounts actually collected by TFL for Qualifying Purchases less sales taxes, duties, gift-wrapping, shipping, handling, credit card processing fees, bad debt, and returns.

9. Compensation Structure. The compensation structure is subject to change in TFL's sole and absolute discretion. Changes in the compensation structure shall be posted and shall take effect prospectively seven (7) days from the posting of such change. The fee will equal seven percent (7%) on all customer net-sales.   We will pay referral fees on net sales during the cookie session life of 7 calendar days, unless the customer comes to the TechForLess site through another affiliate or link tracked directly by TechForLess marketing, advertising, or search engine program.

The Program is intended for commercial use only and except for an occasional purchase, you may not purchase products through the Program for your own use. In addition to any other rights we may have, such purchases may result (at our sole discretion) in (a) the withholding of referral fees and/or (b) the termination of this Agreement. You acknowledge that these remedies, while not exclusive, are a reasonable assessment of the damage we will suffer as a result of a breach of this clause by you.

10. Payment. TFL shall pay those fees owed to Affiliate by US check, sent by regular mail to the address specified in the Application or other agreed upon payment methods, within thirty (45) days of the end of each calendar month in which the total fees owed Affiliate exceed fifty United States dollars (US$50.00). If a product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you an invoice for the fee.   In the event this Agreement terminates, TFL may delay calculating and paying fees owed to Affiliate for ninety (90) days in order for all deductions to be processed and ascertained.

11. Reports. TFL shall provide Affiliate with password protected access to the reporting web site where Affiliate may view reports of aggregate information on Qualifying Purchases and the calculation of estimated fees owed by TFL. The password will be provided to Affiliate in conjunction with the approval of the Application. Safeguarding the password shall be the responsibility of Affiliate and access to the password protected area by anyone using the user id and password of Affiliate shall be considered authorized access.

12. Taxes. Affiliate shall be responsible for any income and other taxes required under applicable laws arising out of monies received by Affiliate pursuant to this Agreement. TFL shall file a Form 1099 with the IRS and shall provide the IRS Form 1099 to Affiliate when appropriate.

13. Publicity. Affiliate shall not publish, distribute, post, broadcast, display or permit any written material that makes reference to TFL without first submitting such material to TFL for approval and receiving express prior written consent which shall be in TFL's sole and absolute discretion. Submissions for such approval may be made via e-mail to: Affiliates@TechForLess.com. TFL will not tolerate the sending of unsolicited bulk emails which promote, or make reference to TechForLess. Any affiliate who attempts to do so will be revoked from the program and any outstanding referral fees will also be forfeited. So be safe and DON’T SPAM.

14. Limited Trademark & Content License. TFL hereby grants Affiliate a worldwide, non-exclusive, non-transferable, non-assignable right to use TFL's trademarks and content (text and images) contained within the Links as specified in this Agreement. All such use of the TFL trademarks shall inure to the benefit of TFL. Nothing in this Agreement shall create any further right, title or interest for Affiliate in TFL's trademarks, content or in any of TFL's other names, trademarks, service marks, design marks, symbols and/or other indicia of origin and no use of such will be made by Affiliate for any purpose without the prior written approval of TFL. Affiliate shall not modify any of TFL's trademarks without the prior written approval of TFL.   Affiliate shall not use any name or mark substantially similar to a TFL trademark as part of any domain name without the prior written approval of TFL. Upon the termination of this Agreement, Affiliate shall cease and desist from all use of TFL's trademarks and content.   Affiliate shall not make any use of TFL trademarks or content for any purposes other than to the TFL Internet site.   Affiliate shall not make any use of TFL trademarks or content in any manner that is disparaging or that otherwise portrays TFL in a negative light.

15. Look & Feel. Affiliate's Internet site shall not, in any way, copy or resemble the look and feel of TFL's Internet site, nor shall Affiliate create the impression that Affiliate’s Internet site is the TFL Internet site or a part of the TFL Internet site. Affiliate shall not frame or permit the framing of any page of the TFL Internet site.

16. Affiliate's Internet Site. Affiliate shall be solely responsible for the development, operation, and maintenance of Affiliate’s Internet site and, except for the Links provided by TFL, for all content appearing on Affiliate’s Internet site.   Affiliate assumes sole responsibility for the accuracy of the content of Affiliate's Internet site, including, without limitation, descriptive claims, warranties, guarantees, and ensuring that the content on   Affiliate's Internet site ("Content") and that the operation of Affiliate's Internet site does not infringe or violate any right of any third party.   Affiliate shall not place or cause to be placed on   Affiliate's Internet site anything which is obscene, threatening, malicious, or which infringes on or violates any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right, or which otherwise exposes   Affiliate and/or TFL to civil or criminal liability.   Affiliate shall comply with all applicable laws, rules and regulations, including any Internet regulations or policies of the United States in connection with Affiliate’s Internet site.   Affiliate shall immediately notify TFL of any demand, claim, or action by a third party insofar as such demand, claim or action alleges that Affiliate's Internet site, its content or its operation does not meet the requirements of this Section.

17. Disclaimers. TFL makes no representations or warranties with respect to the Affiliate program, the TFL Internet site and/or the products and services sold on or through the TFL Internet site. TFL makes no representation or warranty that the Links on the TFL Internet site or the TFL Internet site itself will be uninterrupted or error free.

18. Confidentiality. Each party agrees that during the course of this Agreement, information that is confidential or proprietary may be disclosed to the other party. Such information may include, but is not limited to, software, customer and user information, technical processes and formulas, source codes, product designs, sales, cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data ("Confidential Information"). Confidential Information shall not include information that the receiving party can demonstrate: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party; (b) was known to the receiving party as of the time of its disclosure and is evidenced by receiving party's written records; (c) is independently developed by the receiving party; The parties shall take reasonable steps to protect the other's Confidential Information. The parties agree not to, except as required by the normal and proper course of performing under this Agreement, (a) use, (b) disclose, (c) copy, or (d) allow access to, the other's Confidential Information without express prior written consent. These restrictions shall continue to apply as long as the confidential nature of the information is maintained and shall survive the expiration or termination of this Agreement. Each of the parties shall make its employees and third parties who will have access to the other party's Confidential Information aware of the confidentiality provisions of this Agreement and shall require them to execute agreements undertaking obligations consistent with the provisions of this Agreement.

19. Representations & Warranty. Affiliate hereby represents and warrants that: (a) Affiliate has the power and authority to enter into and perform the obligations set forth in this Agreement; (b) the content and operation of Affiliate's Internet site does not and shall not contain anything that is inaccurate or that infringes on or violates any applicable law, regulation or right of a third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other third party right; and (c) Affiliate owns the Content or otherwise has the right to place the Content on Affiliate's Internet site.

20. No Guarantees. There are no guarantees whatsoever made by either party as to the results of efforts in connection with this Agreement. There are no warranties, promises or statements made by either party, except as specifically stated herein, with respect to any matter. Neither party has made an affirmation of fact or promise relating to the services or duties that have become any basis of this Agreement, except as specifically stated herein, and the parties acknowledge that they have relied on no warranties, promise or statements other than those expressly set forth in this Agreement. Each of the parties acknowledge that any estimates, projections, or forecasts provided to it by or on behalf of the other party are only estimates and are not representations that such estimates will be realized.

21. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TFL MAKES NO WARRANTIES HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TFL DOES NOT WARRANT THAT ITS INTERNET SITE OR LINKS THERETO MEETS AFFILIATE’S REQUIREMENTS, THAT ITS INTERNET SITE WILL ALWAYS BE AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR OPERATED WITHOUT ERROR.

22. LIABILITY LIMITATION. TFL SHALL HAVE NO LIABILITY TO AFFILIATE FOR TORT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF TFL FOR ANY LOSS OR DAMAGES SUFFERED BY AFFILIATE IN CONNECTION WITH THIS AGREEMENT OR THE TFL INTERNET SITE OR ANY FAILURE, ACT, OMISSION OR BREACH OF THIS AGREEMENT BY TFL SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY TFL TO AFFILIATE.

23. Indemnification. With respect to claims or actions against one or both parties by third parties insofar as such claim, demand or action is attributable to the acts or omissions of Affiliate or a breach by Affiliate of a representation and/or warranty made in this Agreement, Affiliate shall: (a) indemnify TFL against any liability, cost, loss, or expense of any kind; and (b) hold harmless TFL and save it from any liability, cost, loss, or expense of any kind. TFL shall have the right to select and control legal counsel for the defense of any such claim, demand or action and for any negotiations relating to any such claim, demand or action; however, Affiliate must approve any settlement of any such claim, demand or action to the extent that such settlement imposes any restrictions on or requires Affiliate to contribute financially to such settlement.

24. Waiver Of Jury Trial. The parties hereby agree to waive their respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. The parties each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.

25. Prevailing Party. If any legal action or other proceeding is brought for a breach of this Agreement or any of the warranties herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

26. Independent Contractor. The parties are and have been contracted with each other as independent contractors. Neither party undertakes by this Agreement, or otherwise, to perform any obligation of the other. In no way is one party to be construed as an agent, or acting as an agent of the other in any respect. Nothing contained in this Agreement shall be construed as creating a partnership or joint venture between the parties, and neither party will in any way represent to a third party that any partnership or joint venture exists between the parties hereto.

27. Prior Obligations. Each party represents and warrants that entering into and performing under this Agreement does not conflict with any prior obligations to third parties.

28. Waiver Of Breach. A breach of any provision of this Agreement may only be waived in writing and the waiver of such breach shall not operate or be construed as a waiver of any subsequent breach.

29. Severability. If any provision of this Agreement should, for any reason, be held invalid or unenforceable in any respect, the remainder of this Agreement shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

30. Performance Excused. The parties shall be excused from delays in performing or from any failure to perform hereunder to the extent that such delay or failure results from causes such as war or natural disaster or strike which are beyond the reasonable control of the party, provided that, in order to be excused from delay or failure to perform, the party must act diligently to remedy such delay or failure.

31. Assignment & Transfer. The Affiliate shall not assign or transfer this Agreement without the express prior written consent of TFL, except to a successor in interest in connection with a sale of its respective business or substantially all of the assets of its business to a successor in interest.

32. Bind & Benefit. This Agreement shall bind and benefit the heirs, successors and permitted assigns of the parties.

33. Survivability. The provisions of Sections 7, 12, 17, 18, 20 - 25, 32, 33 and 37 of this Agreement shall survive any expiration or termination of this Agreement.

34. Notice & Delivery. Under this Agreement, if one party is required to deliver or submit something to the other, or give notice, such delivery and such notice shall be given to Affiliate by e-mail at the address specified in the Application and to TFL by e-mail to Affiliates@TechForLess.com

35. Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject hereof. This Agreement supersedes all prior oral and written agreements between the parties as to the subject hereof.

36. Headings. Headings in this Agreement are for the purpose of convenience only. They are not intended to be a material part of the Agreement, and in the event of any conflict between the heading and the text, the text shall govern.

37. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Colorado without regard for its conflict of laws provisions. The parties consent to the federal and state courts located in El Paso County, Colorado having jurisdiction over them and waive any objection to venue laid therein.

Clicking on this link indicates your acceptance of this entire agreement and your wish to apply for the Affiliate program.