Introduction
This legal
agreement, last updated December 2008, details
all terms and conditions
for participation in our
Affiliate Program which is implemented
through Clickbank.com, Aweber.com, Easy
ClickMate Pro software program, and the
administration of AffiliateGenerosity.com.
The words
"participant, you, and yours" refers to you
(the applicant). The term "sponsoring
website" refers to your website from which you
will link to our affiliate program. The
words "we, our, or affiliate generosity" refer
to our website and our affiliate
administrative channels. "Product"
refers to any or our created information
products which we open to affiliate
participation for sales.
What is a qualifying
product that determines your commission or
referral fee?
Sale of any of our products
you have signed up for promoting and selling
which originate from our special personal
affiliate link(s) assigned to you for that
product
at your sponsoring website qualifies you for
an earned referral fee.
Note: You are
permitted to add or remove your links to our
administrative affiliate site without prior
approval at any time.
Referral Fees
Qualification: Any
qualifying product's purchase price will be
applied to your total sales during the
calendar month in which they were sold.
The qualifying product must be downloaded by
the customer and full payment received by
Clickbank who sells our products for us before
the referral fee is paid to you.
Referral Fee Amounts: Affiliate participants will
find the original retail sale price listed in
the Clickbank Marketplace area assigned to the
content focus of the product. The affiliate
fee listed there also is normally based on a
specified percentage of the retail price
established by the owner. We offer our
products to affiliates with reimbursement
rates from 50 to 70% of retail price.
Affiliate Commission
Payments:
"Clickbank sells our products - they are a
trusted online retailer specializing in
digitally delivered products." Clickbank
handles the financial aspects for vendors and
affiliates. Closing dates for
assimilation of charges and payments are the
first and 15th of each month. Affiliate
payments are made to vendors and affiliates
about 15 days later.
Affiliate Agreement
Terms and Conditions:
For participation in the Affiliate
Program there are obligations required for a
legal business arrangement between affiliate
and vendor. The term “affiliate” refers
to you (applicant). The abbreviation
“AP” refers to the Affiliate Program, a part of L
& C Internet Enterprises, Inc. of Las Vegas,
Nevada since 2004.
AP reserves the right to amend
this agreement as needed from time to time,
and Affiliate agrees that any such adjustment
of the terms or conditions will apply to
Affiliate. The continued Affiliate status or
Affiliate acceptance of income or other
remuneration shall constitute Affiliate’s
acceptance of any and all amendments.
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1. Affiliate is in agreement
that a AP Affiliate is an independent
contractor and not an employee, agent, legal
representative, or franchisee of AP and
further agrees not to incur any expense, debt,
or obligation on behalf of, for, or in the
name of AP.
2. Affiliate understands and
agrees to receive AP emails, sales reports,
training, newsletters, promotional
information, messages from other Affiliate
team members, and other appropriate data
restricted to AP affiliate program.
3. Affiliate applications
are subject to approval by AP and no
applications will be accepted from anyone who
isn’t of the age of majority in any country.
4. Affiliates are restricted
to a maximum of 1 per household although
exceptions may be made after written requests.
5. Information concerning
the person(s) who referred you to AP will be
kept on file and not disclosed (emails, phone
numbers, address, etc.).
6. Affiliate agrees not to
defame AP, AP products or website, other
affiliates, AP employees, AP independent
contractors, AP compensation plan, and
furthermore, understands that such action may
result in immediate suspension or termination
of your affiliate account with cancellation of
any residual commissions that are pending.
7. Affiliate agrees to the
present established AP compensation plan and
agrees not to make claims regarding any
possible income, earnings, products, or
services beyond those already stated on the
official AP website.
8. Affiliate agrees not to
reproduce, copy, or distribute commission
checks in any form or by any means.
9. Affiliate agrees not to
register new affiliates by any means without
their permission with the intent to advance
your own ranking. It is a cause for suspension
or termination of your account.
10. Affiliate agrees to provide
AP with a valid functional email address at
the time of registration and understands the
use of an autoresponder email address
is prohibited.
11. Affiliate agrees to not use
spam in any promotions of AP products. Any
violation of this will result in immediate
termination of your affiliate account and
immediate cancellation of any commissions
pending.
12. Affiliate understands and
agrees that utilization of SPAM is subject to
legal action and can result in liability for
any financial loss incurred by AP. When your
spamming results in AP service interruption
you will be billed as an Affiliate at $200 USD
per hour until service is restored.
13. Spam is defined as emailing
anyone, in bulk or individual posting,
concerning AP or AP’s associated groups,
companies, or contractors, information about
AP that was not requested nor approved by the
recipient.
Only exceptions are:
1. E-cards sent to family and friends.
2. E-mail sent to legitimate and
appropriate “opt-in” lists—but beware!
3. Acknowledgements in emails for orders
and inquiries you receive when
that response is understood up front.
14. Any type of advertisement
about AP posted to a newsgroup, blog, chat
room, or other business or social networking
site will be considered SPAM.
15. Although our AP Program in
not limited to the United States of America,
all payments will be made in US dollars.
Affiliate checks will be sent out to you on a
schedule structured by Clickbank or its
designate.
16. Sale cancellation or
refunds will be managed by deduction of that
product commission fee from the next
commission payment---per Clickbank rules.
17. Affiliates understand that
use of their knowledge of, or association
with, AP Affiliates for any business
functions outside of and unconnected with AP
is prohibited.
18. Affiliate is totally
responsible for setting up their affiliate
link properly to insure commission payments.
19. Affiliates are issued an
“affiliate link” which is a unique URL
enabling AP to identify visitors from and
Affiliate site by this special URL. This link
address enables tracking of sales, payments,
and assigning commissions to the
correct affiliate. Remember----the URL may be
visible as a banner, image, or text link.
20. AP does not take any
responsibility for technical problems, third
party acts, or other happenings outside our
reasonable control which may disrupt or
reduce
services available.
21. AP reserves the right to
withhold customer contact information from an
Affiliate if deemed necessary to protect
customer privacy.
22. AP promises to make every
effort to track and pay commissions for all
sales any Affiliate has made. AP is not
responsible for acts by third parties,
unexpected technical problems, or other events
outside our control which may disrupt this
effort.
23. Affiliate understands
Affiliate tracking is never 100% accurate and
AP is not responsible for errors made that
are out of our control. Be reminded that
tracking of Affiliate sales depends on both
technical and communication factors which on
occasion are beyond anyone’s control,
including AP.
24. AP reserves all rights
relating to its trademarks and service marks.
Affiliates are permitted to use these in
accordance with this agreement. Under no
circumstances is an Affiliate permitted to
display or present a AP logo, image, or
trademark in a defamatory, misleading,
demeaning, or unethical fashion.
25. Critical Issue: The Better
Business Bureau (BBB) has mandatory rules to
follow. The use of the BBB references to AP
is permitted only by us. Only members of BBB
are permitted to promote the connection, and
then only on their own sites and in their own
businesses. Affiliates can join the BBB and
as a member use the BBB in their own promotion
materials.
26. Affiliates agree to follow
AP advertising guidelines and never
misrepresent AP products or services. And
also agree to use only approved AP ads.
However, Affiliates may submit an ad of their
own for approval—if approved, then use it.
27. Affiliates agree to never
use AP advertising on prohibited sites such
as sites that promote sexually explicit
material, violence, any form of
discrimination, pornography, gaming, and
illegal activities.
28. Affiliate agrees not to
transfer or assign rights or delegate duties
contained in this agreement without prior
approval of AP. Guidelines for requesting
sale, transfer, assignment and approval are
available on request.
29. AP assumes no liability
for any form of damages, loss of revenue or
profits, personal reputation or character
impairment with respect to this agreement or
affiliate program---even if AP has been
advised of those possibilities. AP aggregate
liability arising under this agreement or
program shall not exceed the total commissions
paid or payable by AP.
30. Affiliate agrees not to
promote others’ owned or created works, full
or partial, as your own and not to violate
copyright agreements---all subject to
termination or suspension of your affiliate
account.
31. AP makes no warranties,
expressed or implied, in regard to this
agreement and the AP program except as
written in this agreement.
32. Should a provision of this
agreement be held as invalid or unenforceable,
such provision shall be reconstructed to make
it valid and enforceable. The remainder of
the provisions in this agreement will remain
in full force and effect.
33. Both AP and the Affiliate
reserve the right to terminate this agreement
at any time. Termination must be made by
written hard copy document.
34. The one year term of this
agreement will automatically be renewed on the
anniversary date without any required action
of either party. Renewal is voided if either
party has terminated the agreement.
35. Termination of this
agreement requires that outstanding
commissions be paid on the next payment date,
but only if the Affiliate has not violated
this agreement in any fashion. The commission
payment may be withheld by AP for a
reasonable time to validate the correct amount
to be paid.
36. Affiliate understands it is
necessary for AP to monthly purge affiliate
databases to uncover affiliate accounts which
have been inactive for 6 months or more. A
notice will be sent reminding the affiliate of
the “inactivity.” Affiliate must then renew
intentions, or agree to suspension of their
account which can be renewed again at a later
date. Affiliate reports will reflect this
action.
37. Legally, this agreement is
governed by and constructed in accordance with
the laws of the state of Nevada, unless the
state the Affiliate resides in requires it be
handled by that state. This agreement is
further governed by and construed in
accordance with the laws of the United States
of America.
38. Disputes in any form
between AP and any other party arising out of
or involving any AP business relationship
shall be resolved by binding arbitration and
shall be conducted in accordance with the
Procedures of the American Arbitration
Association. This arbitration agreement does
not nullify either party’s right to legal
proceedings in a court in the same judicial
jurisdiction relative to this agreement and
AP---to enforce any unpaid monetary debts by
either party as awarded by the arbitrator
following Binding Arbitration. Both parties
agree to this method for resolution of
disputes.
The arbitrator shall apply Nevada
substantive and procedural law to the
proceeding. Demand for arbitration must
be in writing by the disputing party
within 90 days of the event in question.
The arbitration shall occur in Las Vegas,
Nevada unless ordered otherwise by law.
An arbitrator’s power shall be limited to
monetary damages. Parties seeking
injunctive relief or non-monetary relief
shall be managed exclusively in a court of
competent jurisdiction in Nevada, Clark
County.
The arbitrator shall award such fees and
expenses permitted under the laws of
Nevada to the prevailing party.
Arbitrator fees shall be equally shared by
both parties.
Both parties to the dispute understand and
acknowledge by agreeing to arbitration
they are giving up all rights to a judge
and/or jury trial in regard to all issues
subject to arbitration.
This agreement contains an
arbitration provision which may be
enforced
by the parties.
END
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