This agreement is a binding, legal
contract between you, herein referred to as "Affiliate," and our business,
herein referred to as "Website."
The affiliate program is administered through our Website pursuant to
all policies posted at Website, as well as this agreement.
Commissions will be paid by Website
on the 15th of each month for earnings accumulated during the previous
month. Website reserves the right to change the
price of Website's products and commission percentages for products at
any time without notice. Commissions are based on the percentage
of sales in effect at the time of sale.
JOINING THE PROGRAM
By filling out the signup form you will automatically become an
affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to
legally advertise our website to receive a commission
on products purchased by your referral individuals.
All affiliates must be 18 years of age
or older. If you are under 18 years of age you are not permitted
to be an affiliate.
Affiliate agrees to receive email from
Website, including but not limited to, sales reports, training,
promotional resources, newsletters and other correspondence.
Affiliate is solely an Independent
Contractor when acting as an Affiliate. No partnership, joint
venture or other legal entity is created between Website and Affiliate.
REVOCATION OF AFFILIATE STATUS
Your affiliate application and status in the program may be suspended or terminated
for any of the following reasons:
Inappropriate advertisements (False claims, misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc...)
Advertising on sites containing/promoting illegal activities
Violation of intellectual property rights.
Any other reason, at the sole
discretion of Website.
Affiliate agrees to comply with all U.S.
State and Federal spam laws, including but not limited to the Federal
CAN-SPAM Act. We will report spam, along with all the spammer's
identifying information, to the Federal Trade Commission and other
agencies for civil and criminal prosecution.
Because damages are often difficult to
ascertain, if actual damages cannot be reasonably calculated then you as
Affiliate agree to pay Website liquidated damages of $1,000 for each
piece of spam or unsolicited email transmitted from or otherwise
connected with your account, or actual damages, whichever is higher, to
the extent such actual damages can be reasonably calculated.
Affiliate is not permitted to purchase
products or services from Website using their own affiliate link in
order to earn commissions or obtain product cheaper. Any such
transactions through this practice the commission will be void. IP
tracking is in place to protect Website from such practice, and Website
reserves the right to terminate Affiliate for this reason or any other
reason listed above.
AFFILIATE LINKS
You may use graphic and text links both on your website and in emails. The site
may also be advertised "offline" in classified ads, magazines, and newspapers. You
may use the graphics and text provided to you by us, or you may create
your own as long as they are deemed appropriate according to the conditions
of Website policies.
AFFILIATE TRACKING
When a web surfer clicks through your affiliate link, a cookie is set in their browser
that contains your affiliate username. Also, their IP address is tracked in the database
along with your affiliate name. When this person decides to buy a product, the script will
look for this cookie and/or try to match their IP address to identify the affiliate who
will be awarded the commission. Visitors sent through your affiliate link may make a purchase
later in time and the commission will still be awarded if the cookie is present in their browser
and/or the are using the same IP address as the one logged in the database.
NO INCOME CLAIMS ARE MADE
Website makes no representations or
warranties whatsoever, regarding potential income that may result from
participation in Website's Affiliate Program and Website specifically
disclaims any and all warranties in regards to Affiliate earning
potential.
Affiliate agrees to provide Website with
valid contact information upon registration.
Website shall not be held liable for any
indirect, incidental, special or consequential damages or any loss of
revenue or profits arising under or with respect to the Agreement or
program, even where Website has been advised or the possibility of such
damages. Website's total liability arising from the agreement or
program shall not exceed the total commissions paid or payable by
Website.
TERMS OF THE AGREEMENT
These terms will begin upon your signup with the affiliate program and will end
when your affiliate account is terminated. The terms of
this agreement may be modified by us at any time. If any modification to the terms
is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of
any change.
Company pricing of products and services is
totally within Website discretion and Website reserves the right to
change the pricing structure, terminate any special offers, discontinue
products or services, change the terms under which product or services
are offered, or discontinue affiliate program at any time, without any advance notice to affiliate.
LIABILITY
We will not be liable for indirect or accidental damages (loss of
revenue, commissions) due to affiliate tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website. We do not make
any expressed or implied warranties with respect to the affiliate program and/or
products sold at this site. We make no claim that the operation of the affiliate program
and our website will be error-free and we will not be liable for any interruptions or errors.
