| Please read the agreement document below before registering.
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) PAYMENTS & COMMISSIONS:
Although the Affiliate Program is not
limited to the United States of America, all payments will be made in U.S. dollars.
Affiliate commissions shall be paid by company check and sent out monthly on or about the
10th. Affiliate Commission is the lowest of US$ 40.00/Sale or 30% of Sale Price. We
will only pay Affiliate Commission after order, payment and
shipping have occurred. If a sale is canceled or refunded, the related
commission will be deducted from a subsequent commission check.
You may not purchase products during
sessions initiated through the links on your site for your own use, for resale or
commercial use of any kind. This includes orders for customers or on behalf of customers
or orders for products to be used by you or your friends, relatives, or associates in any
manner. Such purchases may result (in our sole discretion) in the withholding of referral
fees or the termination of this Agreement.
4) 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.
5) 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.
6) Exclusions: We reserve the right to reject Affiliates whose business
or site relates to the following categories: pornography, spam, firearms, hate or violence
related, or any other site deemed not appropriate by the company. In addition sites with
redirects to these type of sites, sites used exclusively to collect e-mail accounts for
excessive e-mail marketing and those sites promoting known scams or with fraudulent claims
will be rejected.
7) 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 Reno, 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. |