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.