This policy is an agreement between you (known as the “Affiliate” from here on out) and the business (known from now on as “Business”). This policy agreement is part of our larger Business policy and it is subject to details that are not listed on this policy, but are part of our policy overall. This is a legal, binding contract between Affiliates and our Business.

Commissions on affiliate sales will be distributed just as they are detailed in our Business Web site under the affiliate section. Our Business has a right to change the price of our Business products and subsequent commission levels that are obtained from the sales of the products without notice. The commissions on our products are based on a percentage of the sale price of the products.

All of our affiliates act as Independent Contractors. At no time are they in partnership or considered to be under a joint venture agreement with our Business or any of the businesses’ Web sites. There is no form of legal entity created except for that of an Independent Company and an Independent Contractor.

As an affiliate, you are a representative of the Business. When you become an affiliate, you are indicating that you have read and understand all of the policies of the Business that are related to selling the Business’s products.

Our Business reserves the right to change this agreement as we see fit from time to time. By reading this Affiliate agreement and becoming an Affiliate of our Business, you agree that you will comply with the Affiliate agreement and will check back from changes to this agreement to ensure that you are acting with compliance.

The document is updated with the last date of change and it is displayed at the end of this document. It is suggested that you review this policy on a regular basis, either at the beginning of the month or at the start of each Affiliate pay out cycle. When you participate in the Affiliate program and accept payment from this program, you are acknowledging your acceptance of this Affiliate agreement in its latest form.

In order to be an affiliate, you must be 18 years of age or older. If you are below 18 years of age, you are banned from our Business’s affiliate program.

As a member of the Affiliate program, you agree to accept and read e-mail from our Business. These e-mail messages may include sales reports, training, promotional resources, newsletters and other forms of information.

As an Affiliate, you agree to only offer Business, Business products and services that are displayed and/or sold on the main company website. You are banned from making promises or claims that would lead your site’s visitors, newsletter members, blog readers or other forms of audience to believe that a certain level of income, earnings, products or other details of our products that are beyond what is stated on our Business website. You may not reproduce commission checks or show commission checks in any way or any means.

As an Affiliate, you agree to not criticize or belittle the Business, the Business products or any other saleable content that the Business uses (including other Business Affiliates). You also understand that belittling and criticism can cause your immediate termination of your Affiliate account including the cancelation of any commissions that are pending payout. 

SPAM PROHIBITED

Our Business has no tolerance toward the use of SPAM in Affiliate promotions. If you are found to be using SPAM in your promotions, your account will be immediately terminated. We will verify the violation before we terminate. If your account is terminated you will lose any pending funds that were to be paid to you.

Our Business has the right to dispel any Affiliate account that the Business believes is using SPAM methods or other unsolicited, bulk e-mail messages to sell the Businesses’ products and services. This is at the sole discretion of the Business. The Business will forward SPAM reports to the Federal Trade Commission and other similar agencies. These agencies will take care of civil and criminal prosecution.

SPAM is the act of e-mailing people in bulk or by a single mailing when the third parties have not expressly requested inclusion in your e-mail list. You may not bulk mail to anyone about the Business, the services and products of the Business or the affiliate program of the Business.

These rules apply no matter how you have obtained lists of e-mail names. You are prohibited from sending mass mailings with names obtained by co-reg lists, and other similar structures. Regardless of the opt-in procedures of these lists, you may not send e-mails about this Business to these names.

Any time of advertisement about the Business may not posted on Newsgroup or Chat rooms of any kind. These are also considered SPAM.

As an Affiliate, you agree to comply with all U.S. State and Federal SPAM laws. This includes but is not limited to the Federal CAN-SPAM Act.

Because damages are often difficult to ascertain, if actual damages cannot be reasonably calculated then you as Affiliate agree to pay Company liquidated damages of $500 for each piece of SPAM or unsolicited e-mail transmitted from or otherwise connected with your account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.

PAYMENTS

Affiliates of our Business products will be paid in U.S. Dollars. If a third party cancels their purchase through your Affiliate link, or asks for a refund on the purchase of a product, that amount will be deducted from the next payment that the Affiliate was to receive.

Commissions will always be paid under normal circumstances. In certain cases, they may not be paid due to the actions of the third party buyer. These cases include but are not limited to credit card fraud, credits given to customers, bad debt write-offs and returned goods. Our Business reserves the right to deduct any commissions paid from sales that ended in fraud or any of the aforementioned third party problems from future commission payments that will be paid to Affiliates.

Affiliates alone are responsible for making sure that their unique Affiliate Link or Affiliate ID is displaying properly and is set up to transfer third parties directly to the business site. Our Business is not responsible for failed links that result in Affiliates losing out on commissions. It is the Affiliates responsibility to maintain and update any and all Affiliate links.

Our Business will only pay commissions on sales that have been tracked and verified through our Affiliate tracking system. Unless our system shows evidence of the sale being linked to your affiliate ID, you will not receive credit for the sale. As an Affiliate you have no claim to affiliate commissions if the third party later returns to the Business site through a separate Affiliate link to make a purchase. You only have commissions from a sale if the sale is made after the third party visits our site through your Affiliate link.

This is not based on subsequent sales where “cookies” are used, overwritten or deleted. You do not have the right to affiliate commissions that are obtained using these practices. Our Business will only pay commissions when the third party buyer makes a purchase or purchases when they use your Affiliate link or with your “cookie” that indicates you as the affiliate.

NO INCOME CLAIMS ARE MADE

Our Business makes no representations, warranties or other promises in regards to the potential for income that may result from using the Businesses’ ideas, content or membership sites. We also deny any claims of potential income achieved through the Affiliate program. Our Business makes no claim for an Affiliate’s potential earnings with our Affiliate program.

When you become Affiliate, you agree to provide our Business with valid contact information when you register. You also agree to update the information when your contact information changes.

Our Business will make every possible effort to track and pay the commissions that are due to our Affiliates for all valid sales. Our Business is not responsible for any technical  problems, acts by third parties, or other events outside our reasonable control which may temporarily cause problems with your Affiliate link being displayed properly, the link transferring correctly or any other incidents which would reduce effective tracking or service.

Our Business will not be liable for any indirect, incidental, special or consequential damages or loss of Affiliate commissions or other profits arising under the terms of this Agreement and the Affiliate program. Our Businesses’ total liability that comes from this agreement or Affiliate program will not be more than the total commissions paid or payable by our Business.

We are responsible for customer inquiries, fulfilling product orders, customer billing and the collection of all funds in relation to the sales or products or services from our Business website.

It is the Businesses’ discretion to charge what it deems necessary for products and services. We may at any time, and without notice, raise the price of our products and services, lower the prices, change affiliate percentage commissions, eliminate special offers, remove products and services from circulation or otherwise alter the terms of our Affiliate program. Please refer to the Businesses’ website and this Affiliate program policy for updates to the policy.

Our Company’s only responsibility is to track customer orders that are sold through direct links from your Affiliate referral. We are also responsible for forwarding reports that are collected on Affiliate activity. The reports will be completely un-altered and delivered in their complete form.

CUSTOMER PRIVACY

In order to protect the privacy of our customers, and hold the Businesses’ Privacy policy true, we retain the right to withhold identifying data that may put the third party customers in compromising security situation. Our Business has no responsibility to display third party customer information to the Affiliate. We cannot, by the binds of our Privacy Policy, release any information that will identify the customer in any other fashion than what is forwarded to Affiliates when a sale is made. This may be as little as a number or as much as the third party customer’s name.

Our Business reserves all right in or to its trademarks and service marks and copyrights, although they may possibly be used by Affiliates in order to adhere to the statements made in this agreement.

Affiliates may not under no uncertain terms display the logo, trademark or other images that are associated with our Business in an unflattering, defamatory or distasteful way.

PROHIBITED WEBSITES

As an affiliate, you agree not to misrepresent our Business or the products or services provided by this Company. This include displaying the products and services of this Business on Web sites that contain sexually explicit content, violent content, Warez or other file sharing and pirated content or sites that have discrimination displays based on race, sex, religion, national origin and physical disabilities, or sites that promote illegal activities.

Our Business reserves the right to end our Business/Affiliate relationship and revoke your Affiliate status for any reason that we see fit, based on the policies present within this Affiliate agreement.

Our Business makes no warranties expressed or implied for the Affiliate Program, save for those that are detailed in this Agreement. This Affiliate program should be considered to be provided As Is.

If your Affiliate status is terminated, any outstanding commissions will be paid in the next Affiliate distribution cycle except for when the Affiliate violates one of the rules detailed within this Affiliate agreement. The payment of your final Affiliate commission may be held while our Business determines if the activity done with your Affiliate link meets the standards set forth in this document.

You as the Affiliate are fully responsible for all the costs and expenses that are associated with running an affiliate based business. These can include costs that are incurred while the Affiliate is marketing the products or services of this Business, including advertising costs, web hosting, domain purchasing, graphics services, website designs and content creation. By becoming an Affiliate of this Business, you are agreeing to waive any claim to get money for promotion from the Business.

If any of the details of this Affiliate commission are proven to be invalid, unenforceable, then the detail in question will be reformed in order to make it enforceable and valid. The entirety of the Agreement will remain in effect.

As an Affiliate, you are agreeing that this Affiliate Agreement offer is made from the Business location, which is present on this Web site. The dealings of this Business shall adhere to the laws in the State and the Country of this Business’s location.

This Agreement shall be governed by and construed in accordance with the laws of the State the Company is located in, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the Company is located. In addition, you agree to submit to the jurisdiction of the courts of the State where the Company is located, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the city and state where the company is located.  

The Company obligations and Affiliate remedies are solely and exclusively as described and limited in this agreement and if applicable, on the Company's Web site affiliate information. Company liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products, services or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall Company be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate.

Company reserves all rights not expressly granted here.

Page last edited on: Feb 13, 2009