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TransCanadian Van Lines Affiliate Program Terms of Service
Agreement
Thank you for your interest in TransCanadian Van Lines ("TCVL") and its affiliate program ("TCVL Affiliate Program"). By registering as an Affiliate with the TCVL Affiliate Program, you agree to be bound by the terms and conditions of this document ("Terms of Service"). These Terms of Service will only be available in English and French and will be governed by and interpreted in accordance with the English and French languages, regardless of translations made for any purpose.
TCVL reserves the right to update and change the Terms of Service from time to time without notice. Any new features modifying the current program, including the release of new tools and resources, will be subject to the Terms of Service. Continued use of the program after such changes will constitute unequivocal consent by you to such changes.
Violation of any of the Terms of Service will result in the termination of your account and the perpetual withholding of all outstanding affiliate income payments obtained during the violation. You agree to use the affiliate program at your own risk.
Admission conditions and requirements
You must be at least 18 years old to participate in this program.
You have to be a human. Accounts registered by "bots" or other automated methods are not allowed.
You must provide your full legal valid name, a valid email address, and any other information requested in order to complete the registration process.
Your connection can only be used by one person - a single connection shared by multiple people is not allowed.
You may not use the affiliate program for any illegal or unauthorized purpose. You must not, in using the services of this program, violate the laws of your jurisdiction (including, but not limited to, copyright laws) as well as the laws of Canada.
You cannot use the Affiliate Program to earn money on your own TCVL service accounts.
You are responsible for maintaining the security of your account and password. TCVL cannot and will not be liable for any loss or damage resulting from your failure to comply with this safety obligation.
You are responsible for all posted content and activities that occur under your account.
A natural or legal person cannot hold more than one account.
Affiliate income
The Affiliate Program rewards you with an Amazon electronic gift card valued at $100 (in Canadian Dollars) for each referred customer.
At the customer's request, we may replace the gift card by a monetary compensation of $100 (in Canadian Dollars) through bank transfer or Interac. An email will be sent requiring additional information to complete the transaction if needed. This alternative is only available within one year starting from the gift card offer.
You will receive your Affiliate Income Payments (Gift Card or monetary compensation) within 30 days of full payment of the recommended client move. You will receive the promo code for your gift card by email.
The above may be subject to change. Note that Amazon may not be able to offer services in your country or to accomplish its legal obligations for reasons out of our control such as, but not limited to: cancellation of gift cards, services made unavailable temporarily or permanently, supplier issues, Act of God, and so on. We will not be held responsible for any inconvenience directly or indirectly caused by Amazon and its representatives, suppliers, and affiliates. No legal action can be taken against us if Amazon defaults on its obligations.
Eligibility for membership income
Once you agree to the terms and conditions of this affiliate program, you will be allowed to refer customers to us and share your affiliate quote request form link in your emails or other means of communication.
In order for a service sale to be eligible for affiliate revenue, the information collected must be completed, then verified, and approved. In all cases, no Affiliate Income will be paid if the customer denies being recommended by you.
Without notice, we reserve the right to disqualify Affiliate Income obtained through fraudulent, illegal, or overly aggressive and questionable sales or marketing methods. Among other things, advertising for a good or service should not be confusing. It must be clear, readable, and understandable. An advertisement providing incomplete information could constitute a false or misleading representation, or ignore an important fact. It is forbidden to do false statements or false promises about a good or service offered.
You may not post any press release regarding this Agreement or your participation in the Program; such action may result in immediate termination of the program without prior notice and subject to a claim against you for damages. In addition, you may not in any way: (1) distort or embellish the relationship between us and you; (1) say that you market or produce our services; (3) say that you are part of TCVL; (4) express or imply any relationship or affiliation between us and you or any other person or affiliated entity, except to the extent expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse or contribute by any monetary compensation or benefit to a charity or any other cause); (5) use, record, make notes of, copy, reproduce, or disclose the confidential information of TCVL to any person or entity without first obtaining the express consent of TCVL.
You hereby understand that any violation of the Terms of service would result in serious and significant damage to TCVL that may not be completely compensable monetarily, and agree that TCVL shall be entitled to injunctive relief in a court. You shall not oppose any such application on the basis that damages would be a satisfactory or sufficient remedy.
Links / graphics on your website, in your emails or other communications
Once you have signed up for the affiliate program, you will be assigned a unique affiliate link. You are permitted to place any links, banners or other graphics that we provide with your affiliate code on your website, in your emails or in other communications. We will provide you with guidelines, link styles, and graphic illustrations to use when linking to TCVL. We may change the design of the artwork at any time without notice, but we will not change the dimensions of the images without notice.
To enable accurate tracking, reporting, and referral fee accumulation, we will provide you with special link formats to use in all links between your website and TCVL. You must make sure that each of the links between your website and TCVL correctly uses these special link formats. Links to TCVL placed on your website in accordance with this agreement and which correctly use these special link formats are called "special links". You will only earn a referral fee for sales of a TCVL service made directly through special links; we will not be liable to you for any failure on your part or anyone you refer to use special links or enter your affiliate code incorrectly, including to the extent that such failure may result in a reduction amounts that would otherwise be paid to you in accordance with this agreement.
Referral fees / commissions and payment
In order for a product sale to be eligible to earn a referral fee, the customer must click on a special link from your website, email, or other means of communication to our affiliate quote request form, request a quote and pay for his move.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they bought or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links which have been automatically tracked by our systems.
Use of gift cards
To activate your gift card, when you select a product you want to purchase on https://www.amazon.ca/?language=en_CA , go to the cart to pay. You will find a step at checkout, where you are asked to enter a promo code if you have one. You will have to enter the code written on your gift card.
To find out more about using your gift card:
https://www.amazon.ca/-/fr/gp/help/customer/display.html?language=en_CA&nodeId=G5D4TA7NBKQT7GW2
All gift cards will be subject to Amazon's terms and conditions as will any purchase made from Amazon, we cannot assist you with any issues with Amazon such as a return item.
To learn more about the Amazon Terms of Service in Canada: https://www.amazon.ca/-/en/gp/help/customer/display.html?language=en_CA&nodeId=GLSBYFE9MGKKQXXM
If you live in a country other than Canada, we invite you to refer to the Amazon website for your country.
Client definition
Customers who purchase our services under this program will be considered our customers. Accordingly, all of our rules, policies, and operating procedures regarding customer orders, customer service and sales of services will apply to such customers. We may change our operating policies and procedures at any time without notice. For example, we will determine the prices to be charged for products sold under this program in accordance with our own pricing policies.
In accordance with the laws
As a condition of your participation in the program, you agree that, while participating in the program, you will comply with all laws, ordinances, rules, regulations, licenses, permits, judgments, rulings, or other requirements of any governmental authority which has jurisdiction over you, whether these and other laws are now in effect or will come into effect while you are a participant in the program. Without limiting the foregoing obligation, you agree that, as a condition of your participation in the Program, you will comply with all applicable laws (federal, state, or otherwise) that govern email marketing, including, but not limited to limit, the Canadian Anti-Spam Law (CASL) and all other anti-spam laws.
Duration of agreement and program
The term of this agreement will begin upon our acceptance of your program request 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 termination of this Agreement for any reason, you will immediately stop sharing and using our Affiliate Quote Request Form and remove all links to this form from your communications media. TCVL reserves the right to terminate the program at any time. At the end of the program, TCVL will pay all accrued unpaid income.
Termination
TCVL, in its sole discretion, has the right to suspend or terminate your account and to refuse any current or future use of the Program, or any other TCVL service, for any reason at any time. Any such termination of this Agreement will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and forfeiture of all affiliate income payable due to your account if earned by Fraudulent, illegal or overly aggressive and questionable sales or marketing methods TCVL reserves the right to refuse service to anyone for any reason at any time.
Relationship of the parties
You and we are independent, 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 authorization to make or accept offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that would reasonably contradict anything in this section.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your website and all elements that appear on your website. For example, you will be solely responsible for:
- The technical operation of your website and all associated equipment;
- Ensuring the display of special links on your website does not violate any agreement between you and any third party (including, without limitation, any restrictions or requirements imposed on you by a third party that hosts your website);
- The accuracy, truthfulness and relevance of materials posted on your website (including, but not limited to, all product related materials and any information you include or associate with special links);
- Ensure that materials posted on your website do not violate or infringe the rights of any third party (including, for example, copyrights, trademarks, confidentiality or other personal rights or property);
- Make sure that the elements published on your website are not defamatory or illegal;
- Ensure that your website accurately and adequately discloses, through a privacy policy or otherwise, how you collect, use, store and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and / or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Limitations of Liability
We will not be liable for any direct, indirect, special or consequential damages (or any loss of income, profit or data) arising from this Agreement or the program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability under this Agreement and the Program will not exceed the total sponsorship fees paid or payable under this Agreement.
Disclaimer
We make no express or implied warranties or representations regarding the program or any service sold through the program (including, without limitation, warranties of suitability, merchantability, non-infringement, or any implied warranties arising from a course in performance, negotiation or commercial use). Further, we make no representation that the operation of TCVL will be uninterrupted or error-free, and we will not be responsible for the consequences of any interruptions or errors.
Independent investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) REQUEST CUSTOMER REFERENCES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY ASSESSED THE NEED TO PARTICIPATE IN THE PROGRAM AND YOU ARE NOT RELYING ON ANY REPRESENTATIONS, WARRANTIES OR REPRESENTATIONS OTHER THAN AS DEFINED IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way whatsoever to this Agreement (including any actual or alleged breach thereof), any transaction or activity under this Agreement, or your relationship with us or any of our affiliates shall be subject to confidential arbitration, except to the extent that you have in any way violated or threatened to violate our intellectual property rights, we may seek an injunction or other appropriate remedy in any state or federal court (and you consent to a non-exclusive jurisdiction and place in such courts) or any other competent court. Arbitration under this Agreement will be conducted under the then-current rules of the Canadian Arbitration Association. The arbitrator's decision is binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a group arbitration proceeding or otherwise. There will be no appeal from the decision of the Arbitration Tribunal on questions of fact, law or mixed questions of fact and law.
Various
You shall reimburse all costs, expenses, extrajudicial and legal fees (if applicable) incurred by TCVL as a result of you breaching this Agreement.
This Agreement will be governed by the laws of Canada, without reference to the rules governing choice of laws. You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to this restriction, this Agreement shall be binding, shall apply for the benefit of and shall 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 that provision or any other provision of this Agreement.
TCVL's failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of that right or provision. The Terms of Service constitute the entire agreement between you and TCVL and govern your use of the Service, superseding any prior agreements between you and TCVL (including, but not limited to, all prior versions of the Terms of Service).
If any provision of the Terms of Service, or any part of it, is declared inapplicable, void or invalid by a court, the remaining provisions or parts will remain in full force and effect. If a court decides that any provision of this Agreement is inapplicable, void or invalid, the provision in question shall be enforced to the fullest extent permitted by law and all other provisions shall remain in full force and effect.
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