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AFFILIATE AGREEMENT
This agreement
describes the entire terms and conditions for
participation in the ProvenInternetProfit.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
ProvenInternetProfit.com
Affiliate Site
ClickBank will create a
unique URL for you when you submit a complete Affiliate
Enrollment Form.
Commissions
You will receive 60% 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
ProvenInternetProfit.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 ProvenInternetProfit.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. ProvenInternetProfit.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
ProvenInternetProfit.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
ProvenInternetProfit.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
ProvenInternetProfit.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
ProvenInternetProfit.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
ProvenInternetProfit.com Site, and all
ProvenInternetProfit.com trademarks and logos, other
ProvenInternetProfit.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: Portsmouth, UK. 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: Portsmouth, UK,
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. |