XBLUE Networks, LLC (XBLUE) operates the XBLUE Affiliate Program (Program) for the purpose of promoting and supporting XBLUE products and services. The Affiliate Program Members (Member) are selected as non-exclusive members based on their expertise required for professional representation and sales of XBLUE products and services to End-User customers (Customer). Members and Customers must have a physical business location and must operate within the United States.
A completed and approved online affiliate application is required. Upon submitting a program application, prospective members are required to acknowledge and agree to operate by these program terms and conditions. From time to time, XBLUE may add or modify eligibility requirements to the program. Notice of changes will be posted on the XBLUE.com Affiliates web pages.
Affiliates are offered compensation in the form of discounts or commissions for sales of the following XBLUE products and services:
Refer to sections 3, 4 and 5 of this document for compensation details.
Affiliates are encouraged to advertise, promote and sell XBLUE products and services on the internet and via email marketing. Upon request, XBLUE will provide the affiliate with digital media content such as marketing copy and images. In addition, presale assistance is offered to affiliates seeking XBLUE involvement in procuring new customers.
Affiliates receive a 20% commission per month of the total of Monthly Recurring Charges (MRC) for each Customer. When customers choose Annual Prepaid plans, the the Affiliate commission is paid annually. Commission becomes eligible to the Member after each Customer service plan activation and the submission of the affiliate customer assignment form by the Member for each Customer. Customer assignment must be received by XBLUE prior to purchase to qualify for commissions. Commission payments will be issued by XBLUE within 45 days following the initial 30-day money back guarantee period.
Commission based on the Customer’s service plan MRC will be paid to the Member providing the Customer’s account is paid in full and in good standing. Commission payments to the affiliate will be discontinued if the Customer account is cancelled or payment for the service is not made.
In addition, recurring commission payments to the Member will be discontinued if the Member becomes inactive with no new customer accounts created in a 90 day time period, or if the affiliate’s program membership becomes ineligible, is discontinued or cancelled.
Affiliates receive a 20% commission per month of the total of Monthly Recurring Charges (MRC) for each Customer. When customers choose Annual Prepaid plans, the the Affiliate commission is paid annually. Commission becomes eligible to the Member after each Customer Line Service activation and the submission of the affiliate customer assignment form by the Member for each Customer. Customer assignment must be received by XBLUE prior to purchase to qualify for commissions. Commission payments will be issued by XBLUE within 45 days following the initial 30-day money back guarantee period.
Commission based on the Customer’s service plan MRC will be paid to the Member providing the Customer’s account is paid in full and in good standing. Commission payments to the affiliate will be discontinued if the Customer account is cancelled or payment for the service is not made.
In addition, recurring commission payments to the Member will be discontinued if the Member becomes inactive with no new customer accounts created in a 90 day time period, or if the affiliate’s program membership becomes ineligible, is discontinued or cancelled.
Affiliates receive a 10% commission of the total purchase amount less shipping charges for new XBLUE X16 Plus and QB phone system bundles and the XBLUE branded phone models for use with XBLUE X16 Plus and QB system bundles. 3rd party, non-XBLUE branded phones are not eligible for affiliate commissions.
Commission will be issued by XBLUE within 60 days following the initial 30-day money back guarantee period.
All purchases must be made directly from XBLUE. The current commission for Members is 10% of the purchase price posted on the XBLUE website. Your customer must be assigned to your XBLUE affiliate membership. Customer assignments must be received by XBLUE prior to purchase to qualify for commission. The Member commission is not available for products on sale, for use with XBLUE Cloud phone systems or included in special promotions, free phone offers or any Non-XBLUE branded products.
Purchases of XBLUE branded product from XBLUE’s online store includes a (1) year product and technical support warranty which includes free live U.S. based product support and advance replacement of manufacturer defective product (ground shipping is included both ways).
New XBLUE products purchased from an authorized XBLUE reseller (Amazon, Staples, Office Depot, Teledynamics) includes a (1) year product and technical support warranty from the date of purchase. The XBLUE warranty period is based on the original date of purchase from the XBLUE authorized reseller. This warranty is solely extended to the Customer. This warranty is not assignable or transferable.
XBLUE warrants that its branded products will conform to XBLUE’s specifications and will be free from defects caused by faulty material or poor workmanship by XBLUE. However, XBLUE has not made and does not hereby make any representations or warranties, express or implied, with respect to the performance, suitability, or fitness of the equipment for Member or Customer use. XBLUE’s liability under this warranty is limited to the obligation to repair, or, at its sole option, to replace, without charge any equipment or parts within the designated warranty period from the date of original purchase of new XBLUE products.
If the program member has a public website for the purposes of promoting their business, the member is required to include business telephone systems in the list of services offered, and members are required to promote the XBLUE brand on their website . XB:LUE web content, copy and images are available for use by program members.
XBLUE reserves the right to require the member to remove, replace or modify any content that XBLUE deems inappropriate or that does not meet XBLUE digital media content standards. Failure to comply with XBLUE requests to remove, replace or modify the aforementioned content may result in termination of membership in the Program without notice. The terminated Member is not eligible for any further compensation or any other service or incentives offered by the program.
To inform XBLUE of any Member and Customer account changes, including contact information, physical addresses, email addresses and phone numbers.
Member shall indemnify and hold harmless XBLUE from and against any and all claims liability or expense, including attorney(s) fees, that may arise on account of any loss, damage or injury to any third party resulting, or alleged to have resulted from (a) Member’s use, handling, installation, possession or resale of any XBLUE products (b) from any affirmation, representation or warranty made, or alleged to have been made by Member relative to the quality or performance of XBLUE products.
Insolvency of the Member or the voluntary institution by the Member of any proceeding under any bankruptcy act or insolvency law of any jurisdiction which proceeding is not vacated within ten (10) days from the institution thereof or the appointment of a receiver or other officer having the similar powers with respect to the Member’s business who is not removed within ten (10) days from this appointment; or any levy under attachment, execution or similar process which is not within ten (10) days vacated or removed by payment or bonding.
Membership in the Program is terminated if the Member is in breach or default of these terms and conditions and such breach or default is not remedied within ten (10) days after XBLUE gives notification of such breach or default to the Member in writing.
These terms and conditions may not be assigned by the Member.
Either party’s failure to exercise or enforce at any time any of the provisions of these terms and conditions shall not be construed to be a waiver of such provisions or of any right of that party to enforce such provision.
The parties agree that the Member is an independent contractor fully responsible for its own activities and is not and shall not hold itself out as a direct representative or employee of XBLUE. It is expressly understood that the Member shall have no authority to act on behalf of XBLUE or to bind XBLUE, and it shall take no action which would tend to mislead its customers or any third party in this regard.
XBLUE shall exercise its best efforts in performing all acts called for in these terms and conditions and/or arising out of the relationship described thereby, but XBLUE shall not be liable for any delays or failure to perform resulting directly or indirectly from acts of god: any governmental authority; accidents and disruptions, including but not limited to fires, floods, explosions, breakdown of essential machinery or equipment and power shortages, transportation or storage delays; labor difficulties; and failure or delays in its usual source of supply. In addition to such causes, XBLUE shall in no event be liable for delay or failure to perform resulting directly or indirectly from any cause which is beyond XBLUE’s reasonable control.
The Program shall be indefinite, terminable by XBLUE at any time upon 30 days written notice of termination.
XBLUE may, at any time without notice to the Member, discontinue or cease the manufacturing or marketing of any one or more of the Products, program components or incentives. XBLUE may do so without any liability from XBLUE to the Member.
The parties agree that the Member is an independent contractor fully responsible for its own activities and is not and shall not hold itself out as an agent, representative or employee of XBLUE. It is expressly understood that the Member shall have no authority to act on behalf of XBLUE or to bind XBLUE, and it shall take no action which would tend to mislead its customers or any third party in this regard.
The Member agrees that the Member is an independent contractor fully responsible for its own activities and is not and shall not hold itself out as a direct representative or employee of XBLUE. It is expressly understood that the Member shall have no authority to act on behalf of XBLUE or to bind XBLUE, and it shall take no action which would tend to mislead its customers or any third party in this regard.
End-User Customer Assignment to a Member is required for the Member to receive commissions. The End-User Customer may request assignment of a new Member at any-time. The original Member will be notified if this occurs. Commissions to the original Member will be discontinued. The new Member assigned to the End-User Customer is not eligible to receive ongoing commissions for the End-User account.
By acknowledging and agreeing to these terms and conditions the Member expressly waives any right, claim or cause of action that might otherwise arise out of the purchase or use of XBLUE’s products or services. In no event shall XBLUE be liable for special or consequential damages of any nature (including, without limitation, any loss or damage resulting from the interruption or failure in the operation of the equipment or service) with respect to any equipment sold or delivered or any service rendered or any failure to meet delivery schedules.
Any controversy or claim arising out of or relating to these terms and conditions or the breach thereof, shall be settled by arbitration in Johnson County, KS, in accordance with the rules of the American Arbitration Association, and judgment upon the award entered by the arbitrator(s) may be entered in any court having jurisdiction.
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