|
This
agreement describes the entire terms and conditions for participation
in the JointVentureDeals.com Affiliate Program.
In
this agreement, the term "Program" refers to
'How To Make A Fortune On The Internet... The Smart And
Easy Way... Even Without A Web Site', "Seller" refers
to the JointVentureDeals.com web site, "Participant" refers
to you (the applicant), and "Sponsoring Web Site" refers
to the web site from which you will link to us.
The
Seller is the sole and exclusive owner of all right, title
and interest including all intellectual property rights
in and to the contents, logos, style, design, look and
feel, trade names, trademarks to all literary works, computer
software programs, products, goods and services (including
and all future versions thereof) currently entitled the
("Product"). Product refers to the singular as
well as the plural.
You
Can Add or Remove Links Any Time You Wish
You may add as many links to our site, or remove
such links, at any time and without prior approval from Seller.
Affiliate
Sales Commissions
If,
as a result of a direct advertising effort of the Affiliate,
a referred customer of the Affiliate orders and pays for
the Program sold by Seller, Seller shall pay the Affiliate
a sales commission determined in accordance with the Affiliate
Compensation Schedule which is set forth in this Agreement
and which forms an integral part of it. The commission is
based upon the paid selling price of the purchased goods
or services before tax and excluding returns ("Sales
Commission").
The
purchase price of qualifying sales will count toward the
total sales during the calendar month in which such sales
are made. Only qualifying sales of the Program, to a customer
and for which Seller has received full payment will qualify
for the specified referral fee.
The
total of such sales in any given month will generate commissions,
based upon the following schedule:
Seller
sends out Commission checks by
the first of every month on
all sales made between the first and the fifteenth day
of the previous month, and
by the fifteenth of every month, on all sales made between
the sixteenth and last day of the previous month in
the amount of:
- 50%
on any first tier sales and
- 10%
on any second tier sales
Amounts
less than $50 will be held until the cumulative referral
fee due exceeds $50.
Participant
can check the status of commissions earned at any time
by visiting the site at http://www.JointVentureDeals.com/cgi-bin/affiliates/stats.cgi
If
a refund is requested by a customer on a qualifying sale,
its referral fee will be deducted from the next payment
sent to the Participant. If there is no next payment, the
Participant will be billed.
Delivery
and Order Processing
Seller
will be solely responsible for processing every order placed
by a customer following a special link from the Sponsoring
Web Site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility
of Seller.
All
of the rules, operating procedures and policies of Seller
regarding customer orders and accounts will apply to orders
we receive through special links on your Sponsoring Web
Site. Seller reserves the right to reject any order at
its sole discretion.
Copyrighted
Material
The
participant is solely responsible for ensuring that your
reviews and descriptions comply with all applicable copyright
and other laws and shall hold Seller harmless for any violations
thereof.
Customers
of Seller
Every
customer who purchases a product is deemed to be a customer
of Seller. Seller is not responsible for any representations
made by the Participant which contradict our policies.
Pricing
and Availability
All
prices shall be established by Seller. In case of any price
discrepancies, the price charged to the customer will always
be the price listed on the web page linked from your Sponsoring
Web Site.
Operation
of Web site and Processing
Seller
will make all reasonable efforts to keep its web site operational.
However, certain technical difficulties may, from time to
time, result in temporary service interruptions. Seller shall
not be liable for any of the consequences of service interruptions,
which may occur.
Modification
and Cancellation
Seller
reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion,
by posting said new terms on this web site. Said modifications
shall be deemed accepted by participant.
Independent
Contractors
Participant of Seller's affiliate program are independent contractors and nothing
in this agreement is intended to or will create any form of partnership, joint
venture, agency, franchise, sales representative or employment relationship
between the parties.
Tax
ID Number
If
you're a US citizen, it is required that you provide us with
a valid Tax ID # (Social Security of Federal ID number) prior
to us issuing any commission payments. If a valid number
is not provided at the time of application we will attempt
once via e-mail to
contact you. Until it is given, all commissions will be held.
Term
and Termination
The
term of this Agreement will begin when you accept and will
end when terminated by either party. Either Seller 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 Seller Site, and all Seller trademarks
and logos, other Seller 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.
Unsolicited
Commercial Email or SPAM
Seller 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 Seller Affiliate Program.
Bottom
line: If you spam you’re out!
Compliance
with Applicable Laws
You
are solely responsible for the accuracy and appropriateness
of all materials posted on Affiliate's Web Site, and for
ensuring that your activities and materials posted on Affiliate's
Web Site are not defamatory, in violation of copyright laws
or otherwise illegal. You agree to indemnify and hold Seller
harmless for any violations of the foregoing. Seller disclaims
all liability for these matters.
Limitations
of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SELLER
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE,
PROFITS OR LOST BUSINESS), EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
IN THIS AGREEMENT, IN NO EVENT SHALL SELLER'S CUMULATIVE LIABILITY TO YOU ARISING
OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER 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
Sites will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or errors.
Mediation & Arbitration
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: King County, Washington.
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: King
County, Washington 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.
Non-Compete
If
you are not already competing with this program with a similar
program, and you join us, you are not allowed as of the day you
join us to start a program that competes with this program.
Miscellaneous
Entire
Agreement. This Agreement constitutes and contains the entire
agreement between the parties with respect to the subject
matter hereof and supersedes any prior oral or written agreements.
This Agreement may not be amended except in writing signed
by the parties. Each party acknowledges and agrees that the
other has not made any representations, warranties or agreements
of any kind, except as expressly set forth herein.
Assignment.
You may not assign your rights or obligations under this
Agreement to any party.
Applicable
Law. This Agreement shall be governed by and interpreted
in accordance with the laws of the State of Washington
without regard to the conflicts of laws, rules and principles
thereof.
Severability.
If any provision of this Agreement is held to be invalid
or unenforceable, that provision shall be eliminated or
limited to the minimum extent necessary such that the intent
of the parties is effectuated, and the remainder of this
agreement shall have full force and effect.
Notices.
Any notice required under this Agreement may be given by
email, fax or written letter to the number or address you
provide.
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.
|