Check demand drafts, or drafting funds from a second party's checking account, have been a method of payment for more than 8 years, usually in collections. Telephone checks (pre-authorized paper bank drafts) are completely legal. The primary requirement is that the checking account holder (your customer) must give you verbal or written pre-authorization, such as faxing you their check.
These Terms and Conditions
shall govern participation in the Officepro.com Affiliate Program (hereinafter, either
the "Officepro.com Affiliate Program" or the "Program"), which is offered by Officepro.com,
and its parent company Marketwizz Internet Solutions (collectively referred to as "Officepro.com"), which operates a
web site at www.Officepro.com. The Officepro.com Affiliate
Program is offered to individuals or entities operating other web sites subject
to these Terms and Conditions. The term "Affiliate" shall refer to any
individual or entity who accepts these Terms and Conditions by submitting a
3.4 Termination of Participation. Without limitation, Affiliate's participation in the Program may be terminated, where Officepro.com, in its sole discretion, determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s) are illegal, obscene, indecent, vulgar, offensive, dangerous, or are otherwise deemed inappropriate by Officepro.com in its sole discretion; (2) that Affiliate or Affiliate's web site(s) is or has become the subject of a government complaint or investigation or other legal or administrative action; or (3) that Affiliate or Affiliate's web site(s) violates, has violated, or threatens to violate either the letter of these Terms and Conditions or the spirit behind them.
4.0 AFFILIATE'S AUTHORITY
Affiliate represents and warrants as follows:
5.0 PROPRIETARY RIGHTS
5.1 License. Affiliate is hereby granted a non-exclusive, non-transferable license to copy onto and display from Affiliate's web site(s) the links, promotional materials, and branding made available through the Program in accordance with, and subject to, these Terms and Conditions during such time as Affiliate is eligible to participate, and is, in fact, participating, in the Program. Except as expressly stated herein, Affiliate shall not make any other use of Officepro.com's trademarks, service marks, copyrighted content, or other material protected by any proprietary rights. Upon request of Officepro.com, Affiliate shall provide appropriate attribution of the use of Officepro.com' marks (e.g., "Officepro.com is a service mark of Marketwizz Internet Solutions. All rights reserved.").
5.2 Officepro.com Intellectual Property. Affiliate acknowledges and agrees that the content available through the Program, including, but not limited to, links, promotional materials, and branding, and the content and Services available through Officepro.com' web site are protected by copyright, trademark, patent, trade dress or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 5.1 above.
5.3 Unauthorized Access. Affiliate shall not attempt directly or indirectly to gain unauthorized access to any servers controlled, in whole or in part, by Officepro.com or to any servers controlled, in whole or in part, by Marketwizz Internet Solutions.
5.4 Notifications of Intellectual Property Infringement. Officepro.com processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Officepro.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Officepro.com will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to:
The words "Notice of Infringement" should be put in the subject line of all such notifications.
If Officepro.com removes or disables access to any user's material that is claimed to be infringing, Officepro.com may attempt to contact the user in order to give the user an opportunity to respond to the notification, although Officepro.com makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Officepro.com will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Officepro.com replaces or restores access to any material as a result of any counter notification.
Officepro.com will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
5.5 Notifications of Claimed Infringement by Affiliate. Affiliate agrees to assume sole responsibility for compliance by Affiliate and Affiliate's web site(s) with all applicable intellectual property laws and all other laws. In the event that Officepro.com should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Officepro.com in expeditiously responding to such notification and resolving any claim of infringement.
6.1 Commissions. Officepro.com shall compensate each Affiliate for sales of Quick Pay Office Pro Checks by Fax Software generated by the links, promotional materials, and branding that are displayed on Affiliate's web site(s) in accordance with Officepro.coms' then current commission schedule. Such commissions shall be payable in U.S. dollars and will be deposited into Affiliates' PayPal account.
If you are a U.S. citizen or resident or other non-foreign person, participation in the Program and payment of commissions is conditioned upon your satisfactory completion of Internal Revenue Service Form W-9 and any other tax forms that Officepro.com, in its sole discretion, determines to be necessary or appropriate.
If you are a nonresident alien of the United States or other foreign person (such as a foreign corporation), participation in the Program and payment of commissions is conditioned upon your satisfactory completion of a Certification Form, the form of which shall be determined by Officepro.com, by which you certify that commissions you derive from participation in the Program are not effectively connected with the conduct of a trade or business in the United States. If your commissions become effectively connected with the conduct of a trade or business in the United States, you will immediately become ineligible for participation in the Program and must notify Officepro.com of this change in status within 30 days of the change. If no date of change is given in the notice, the change will be deemed to have occurred 30 days prior to receipt by Officepro.com of the notice.
Nonresident aliens participating in the Program who become a U.S. citizen or resident will immediately become ineligible for participation in the Program and must notify Officepro.com of their change in status within 30 days of the change. If no date of change is given in the notice, the change will be deemed to have occurred 30 days prior to receipt by Officepro.com of the notice. A former nonresident alien will thereafter become entitled to re-enter the Program upon satisfactory completion of Internal Revenue Service Form W-9 and any other tax forms that Officepro.com, in its sole discretion, determines to be necessary or appropriate.
It is each Affiliate's (and not Officepro.coms') obligation to ensure that the Affiliate obtains, completes in full and provides Officepro.com with the necessary and appropriate Internal Revenue Service or other tax forms so that Officepro.com may pay such Affiliate any commissions due Affiliate. Officepro.com shall not make any commission payments to a Affiliate unless and until the Affiliate provides Officepro.com with the necessary and appropriate Internal Revenue Service or other tax forms.
Click here for Internal Revenue Service Form W-9 and here for W-9 instructions. Please print, complete in full, and send to Officepro.com at the following address the necessary forms: Officepro.com, Inc., ATTN: Officepro.com Affiliate Network, 309 N. Claremont Ave, Fresno CA 93727 Attention: Accounts Payable (Affiliate Network). PLEASE WRITE THE URL OF YOUR SITE AND YOUR CONTACT EMAIL ON THE TOP OF THE W-9 OR CERTIFICATION FORM.
6.2 Time of Payments. Commissions shall be paid to Affiliate once a sale is confirmed, with credit card purchases this will normally be within 72 hours, check purchases must first clear the bank and can take 5-10 days.
6.3 Forfeiture of Accrued Commissions in Cases of Breach. Any Affiliate who violates these Terms and Conditions will immediately forfeit any right to accrued commissions.
7.1 Termination. Affiliate's participation in the Program is terminable at any time and for any reason or for no reason at all, in Officepro.com' sole discretion. Without limitation, Affiliate's participation in the Program shall be deemed automatically terminated immediately upon Affiliate's change in taxpayer status pursuant to Section 6.1 or upon Affiliate's violation of these Terms and Conditions or of any applicable law or regulation having the force of law. In addition, without limitation, Affiliate's participation in the Program may be terminated where Officepro.com, in its sole discretion determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s) are obscene, indecent, vulgar, offensive, dangerous, or are otherwise deemed inappropriate by Officepro.com, in its sole discretion; (2) that Affiliate or Affiliate's web site(s) is or has become the subject of a government complaint or investigation or other legal action; or (3) that Affiliate or Affiliate's web site(s) threatens to violate either the letter of these Terms and Conditions or the spirit behind them.
7.2 Notice of Termination. Officepro.com shall provide notice of termination pursuant to Section 15.0 governing notices. Where Affiliate's participation in the Program is terminated automatically as described in Section 7.1 above, no notice of termination need be provided for such termination to be effective.
7.3 Effect of Termination. Upon termination, Affiliate shall immediately cease and desist from exercising any rights conferred by these Terms and Conditions, including, without limitation, from making any use of the links, promotional materials, and branding made available through the Program. Upon termination, Affiliate may not register for any subsequent participation in the Program or rejoin the Program, without the prior, written consent of Officepro.com.
7.4 Waiver. Affiliate expressly waives any statutory or other legal protection in conflict with the provisions of this Section 7.0.
7.5 Survival. The provisions of Sections 4.0, 5.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 16.0, 17.0, 18.0, 19.0, 21.0, and 22.0 shall survive any termination of Affiliate's participation in the Program.
8.0 AFFILIATE'S PRIVACY
8.1 Social Security Number or Taxpayer Identification Number. Affiliate who is a U.S. citizen or resident or other non-foreign person acknowledges that Affiliate's U.S. social security number or taxpayer identification number will be provided on any Internal Revenue Service Forms 1099, Forms 1042-S, or any other tax forms required to be furnished to Affiliate and provided to the Internal Revenue Service to reflect commissions earned pursuant to the Program. Officepro.com may need to provide this social security number or taxpayer identification number to Marketwizz Internet Solutions in connection with the processing of commissions and Forms 1099, Forms 1042-S, and any other tax forms pursuant to the Program.
8.2 Password. Affiliate shall receive a password to access Affiliate's account. Affiliate is entirely responsible for any and all activities which occur under Affiliate's password. Affiliate agrees to keep its password confidential, to allow no other person or company to use its password, and to notify Officepro.com promptly if Affiliate has any reason to believe that the security of its account has been violated.
8.3 Technical Access. Affiliate acknowledges and agrees that the technical processing of Affiliate's registration information is and may be required: (a) for the Program to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Program; or (d) to conform to other, similar technical requirements. Affiliate also acknowledges and agrees that Officepro.com may access Affiliate's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Program; provided, however, that nothing in this section shall impose such a duty on Officepro.com. Affiliate acknowledges and agrees that Affiliate's Social Security Number or Tax Identification Number will be required in order to provide Affiliate Internal Revenue Service forms 1099 in connection with federal tax obligations arising from commission earned pursuant to the Program.
8.4 Contact. Officepro.com and/or Marketwizz may contact Affiliate directly from time to time.
Affiliate agrees to indemnify and hold harmless Officepro.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of Affiliate's conduct, Affiliate's participation in the Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s), any claim that Officepro.com is obligated to pay tax obligations in connection with compensation paid to Affiliate pursuant to the Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to Affiliate's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate's web site(s). Officepro.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate, but doing so shall not excuse Affiliate's indemnity obligations. Officepro.com shall have the right to participate in the defense of all claims pursuant to this Section.
10.0 TAX OBLIGATIONS
Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with Affiliate's participation in the Program, including, without limitation, foreign, U.S. federal, state, and local withholding taxes and FICA, FUTA, Social Security, Medicare, SUI, and any other such taxes and deductions ("Taxes") with respect to any earnings or payments made hereunder, whether or not Officepro.com legally is required to deduct said Taxes from the payments due to Affiliate hereunder ("Taxes"). Affiliate understands and agrees that Officepro.com shall not be responsible withholding any Taxes from any payments due to Affiliate. Affiliate agrees to indemnify and reimburse Officepro.com from any claim for assessment of Taxes by any foreign, U.S. federal, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this paragraph.
11.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11.1 Disclaimer of Warranties.THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Officepro.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. Officepro.com DISCLAIMS ALL LIABILITY FOR THE SOFTWARE AND SERVICES PROVIDED BY MARKETWIZZ. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL Officepro.com BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Officepro.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Officepro.com NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AFFILIATE HEREBY WAIVES ANY AND ALL RIGHTS TO SPECIFIC PERFORMANCE OR EQUITABLE RELIEF. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Affiliate hereby agrees to release Officepro.com and its parents, subsidiaries, affiliates, officers, directors, agents, shareholders, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Program. Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
13.0 NO RESALE, ASSIGNMENT, OR SUBLICENSING
Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of Officepro.com.
14.0 FORCE OF NATURE
Under no circumstances shall Officepro.com be liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notices or communications pursuant to these Terms and Conditions shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to Officepro.com, such notices shall be addressed to affiliates@Officepro.com. , (b) if to Affiliate, such notices shall be addressed to the electronic or mailing address specified when Affiliate registers for participation in the Program, or (c) such other address as either party may give the other by notice as provided above.
16.0 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
17.0 CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to Affiliate's participation in the Program shall be determined by, the laws of California without regard to that state's conflict of law provisions. The state and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or to Affiliate's participation in the Program. Affiliate and Officepro.com consent to personal jurisdiction and venue in the appropriate state court in Fresno County, Fresno CA or the United States District Court CA.
18.0 NON-WAIVER AND SEPARABILITY
Officepro.coms' failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
19.0 LIMITATION OF ACTIONS
Affiliate agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in the Program or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
All headings in these Terms and Conditions are for convenience only and shall have no legal or contractual effect. Whenever the context permits, the use of a particular gender shall include the masculine, feminine and neuter genders, and any reference to the singular or the plural shall be interchangeable with the other.
21.0 RELATIONSHIP OF PARTIES
Officepro.com and Affiliate are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Under these Terms and Conditions, Affiliate is contracting solely to provide advertising services for Officepro.com in accordance with these Terms and Conditions.
22.1 Successors and Assigns. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
22.2 Severability. Each provision of these Terms and Conditions shall be severable from every other provision of these Terms and Conditions for the purpose of determining the legal enforceability of any specific provision.
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Checks by Fax Software Company ~ Quick Pay Office Pro ~ Sales by MIS
Checks by Fax Software Company owned and Operated by MIS
PO Box 3251 Holiday Island AR 72631
Voice 479-696-9401 ~ Fax 479-696-9400
MIS 1995, 2002