affiliate agreement
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Agreement


 
Please read the agreement document below before registering.

I accept these terms and wish to register.

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application 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. You are only eligible to earn referral fees on sales occurring during the term.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

5) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Carson City, Nevada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and 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 such provision or any other provision of this Agreement.

6)  Referral Commissions and Payment Procedures:  For a sale, Which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee of 15% of the selling price of the service or product sold.  This is known as the first tier commission.

 

For such a sale as described above, if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will be eligible for a commission fee of 5% of the selling price of the service or product sold.  This is known as a second tier referral commission.

 

A commission will only be credited to an affiliate after the customer has made payment to the company.  If a customer later requests a refund or a charge back is issued by the credit card holder whose credit card was used to pay for that customer’s account, any commissions that were credited to both first tier and second tier affiliates will be deducted from the next monthly payment.  If there is no monthly payment, the affiliate will be billed and hereby agrees to be bound by the law to reimburse Company in full for any such commissions.

 

Payments will be issued by check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate.

 

Affiliates must have accumulated commissions of at least $25 for a given payment period before the check is issued.  If commissions are less than $25 for a given month, the commissions will be held over till the next month.  This will continue until the commissions accumulate to more than $25.

 

Affiliates will be required to fill out the appropriate tax forms and provide a valid Federal Tax ID# or Social Security #in order to receive commissions in excess of $600.  Failure to do so could result in the delay of commission checks.

 

7) Linking - Affiliates may link to our site using any of the methods we provide or any unique method they should devise themselves.  The only prohibition is links from any material or web site that makes unsubstantiated health claims.  Affiliates may not link from any material that violates either Federal Trade Commission or Food and Drug Administration statutes.  If the Company determines that an affiliate is in violation, an opportunity will be given to cease the offending link.  Failure to do so is grounds for suspension or termination for cause with loss of all commissions due.

 8) Tracking of Sales - Company will be solely responsible for tracking of sales using special software that communicates with the specially encoded

URLs assigned to affiliates.  Company will endeavor to do its best to ensure accurate tracking of referrals made by affiliates.  Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.

Notwithstanding the above statement of responsibility by Company to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Company is not 100% fail-safe and that there may on occasion

Be instances of referral sales made that are not credited to an affiliate for any of the following reasons:

 Failure by the affiliate to use the proper format of the specially   assigned URL in promotions, web page links, banner ads and so on;

Deliberate or accidental actions by customers to circumvent a  affiliate’s special URL so that our software is unable to accurately                                     track that sale;

 Bugs, glitches or crashes of the tracking software that render it  unable to accurately track sales for a period of time;

Acts of nature that cause irretrievable data loss on the computers  and back-up disk media that store the commission information.

As such, affiliates will not hold Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.

9) Responsibility for Your Site - You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.  For example, you will be solely responsible for:

The technical operation of your site and all related equipment;

 The accuracy and appropriateness of materials posted on your site (including, among other things, all product related materials)

 Ensuring that materials posted on your site do not violate or infringe

upon the rights of any third party ( including, for example, copyrights, trademarks, privacy or other personal or proprietary                           rights ) Ensuring that materials posted on your site are not libelous or                             otherwise illegal.

We disclaim all liabilities for these matters.  Further, you will indemnify and us hold harmless from all claims, damages, and expenses (including ,without limitation, Attorney’s fees) relating to the development, operation, maintenance, and contents of your site.

10) Relationship of Parties - You and we are independent contractors, 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 authority to make or accept any offers or representations on our behalf.  You will not make any statement, whether on your site or otherwise, that reasonably contradicts anything in this section.

I accept these terms and wish to register.

 

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