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AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions
for participation in the BestAffiliateTraining.com Affiliate Program.
In this agreement, the term "Affiliate" refers to you
(the applicant). Wherever the agreement refers to "you" or "your", it
means "the Affiliate"; "we" or "our" refers to BestAffiliateTraining.com
Affiliate Site
ClickBank will create a unique URL for you when you
submit a complete Affiliate Enrollment Form.
Commissions
You will receive 50-70% of the revenue as a commission
from orders placed through your Affiliate Site (unless noted otherwise
for a particular product) less the charges outlined by ClickBank in
their agreement http://www.clickbank.com/paychecks.html
. For a sale to generate a commission to an Affiliate, the customer
must complete the order form and remit full payment for the product
ordered. Commissions will only be paid on sales that are made through
qualified Affiliate links.
Payment
ClickBank will send a check for the applicable
commissions within the framework of their policies http://www.clickbank.com/paychecks.html
. If any order that generated a referral fee is returned by the
customer, or if there are any returned checks or charge backs, the
amount will be deducted by ClickBank from the next payment due
affiliate.
Order Fulfillment
BestAffiliateTraining.com will be solely responsible for
processing every order placed by a customer on the Affiliate Site. You
are not authorized to sell any of these products from your site as a
"reseller" and no "resale" rights are granted in ANY way on these
products unless otherwise noted.
Customers
Customers who purchase products and services through the
Affiliate Program will be deemed to be customers of
BestAffiliateTraining.com. Accordingly, all rules, policies, and
operating procedures concerning customer orders and service will apply
to those customers. We may change our policies and operating procedures
at any time. Prices and availability of our products and services may
vary from time to time. BestAffiliateTraining.com policies will always
determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website
to their Affiliate link in order to qualify for commissions.
Qualifying Sites
BestAffiliateTraining.com reserves the right not to
accept any site into the Affiliate Program based on site content. Sites
that Do Not Qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights
Unsolicited Commercial Email or SPAM
BestAffiliateTraining.com in no way participates in mass
unsolicited emailing (i.e. spamming), and all Affiliates are expected
to adhere to this policy as well. Violation of this policy will result
in the termination of this contract and immediate dismissal from the
BestAffiliateTraining.com Affiliate Program, with no refund.
Bottom line: If you spam you’re out!
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 would contradict this
statement.
Term and Termination
The term of this Agreement will begin when you accept
and will end when terminated by either party. Either
BestAffiliateTraining.com or you may terminate this Agreement at any
time, with or without cause, by giving the other party written notice
of termination. Upon the termination of this Agreement for any reason,
all licenses granted hereunder shall immediately terminate and you will
immediately cease use of, and remove from Affiliate's Web Site, all
links to the BestAffiliateTraining.com Site, and all
BestAffiliateTraining.com trademarks and logos, other
BestAffiliateTraining.com Marks and all other materials provided in
connection with this Agreement.
We may reject your application or terminate you if we
determine (in our sole discretion) that your site is unsuitable for the
Program for any reason, including, harmful, threatening, defamatory,
obscene, sexually explicit harassing, or racially, ethically, or
otherwise objectionable, such as sites that:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on sex, religion,
nationality, disability, sexual orientation, or age;
- Promote illegal activities; or
- Infringe or otherwise violate any copyright,
trademark, or other intellectual property rights.
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 commissions paid or payable to you
under to this Agreement.
Disclaimers
We make no express or implied warranties or
representations with respect to the Affiliate Program or your potential
to earn income from the Affiliate Program. In addition, we make no
representation that the operation of our site or the Affiliate links
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
Disputes
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Kamloops, BC. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Kamloops, BC, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so. Mediation will be shared equally by each of us.
Assignment
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 enforceable against the parties and their respective successors
and assigns.
Miscellaneous
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.
If any of the provisions of this Agreement are
determined by a court to be unenforceable, they shall be severed from
this Agreement, and the remaining provisions shall remain in full force
and effect.
By signing up with ClickBank, you acknowledge that you
have read this agreement and agree to all its terms and conditions. You
have independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement.
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