| |
Affiliates
can log in here
Please read
the agreement document below before registering.
I accept these terms and wish to register.
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)
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.
4)
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.
5)
Referral Commissions and Payments Procedures: The amount of referral
commissions due to affiliates will be as follows: For a sale,
which we make as a result of a direct referral by an affiliate,
that affiliate will generally receive a commission fee of 15%
of the selling price of the service or product sold. This is known
as a first-tier referral commission. For such a sale as described
in the previous paragraph, if the affiliate who made the direct
referral is a sub-affiliate of another affiliate, the second affiliate
will generally be eligible for a commission fee of 5% of the selling
price of the service or product sold. This is known as a second-tier
referral commission. On certain services or products we may pay
higher or lower fixed commission fees, solely at our discretion
and with no prior notice. A commission will only be credited to
an affiliate after the customer has made full payment to us. If
a customer later requests a refund or a charge back is issued
by the credit card holder whose credit card was used to pay for
that customer's account, any commissions that were credited to
both first tier and second tier affiliates will be deducted from
the next monthly payment. If there is no next monthly payment,
the affiliate will be billed and hereby agrees to be bound by
law to reimburse us in full for any such commissions. Payments
will be issued via check only, made payable to the affiliate in
the name the affiliate submits in his or her online registration,
and mailed to the mailing address provided by the affiliate. Affiliates
must have accumulated commissions of at least $25 for a given
payment period before a check will be issued. If commissions are
less than $25 for a given month, the commissions will be held
over till the next month. This will continue until the commissions
accumulate to more than $25. We reserve the right to withhold
any payments until you have furnished to us a properly executed
W-9 form as prescribed by the Internal Revenue Service. Until
we receive your signed W-9 form by fax to LifeSuccess Productions,
LLC fax # 480-661-1014, your commission checks will be withheld.
6)
Tracking of Sales: We are solely responsible for tracking sales
using special software that communicates with the specially encoded
URLs assigned to affiliates. We will endeavor to do our best to
ensure accurate tracking of referrals made by affiliates. Affiliates
will themselves be solely responsible for ensuring that these
special URLs are formatted properly, a necessary prerequisite
to accurate tracking of referral sales. Notwithstanding the above
statement of responsibility by us to track sales, affiliates hereby
acknowledge and accept that the tracking system employed by us
is not 100% fail-safe and that there may on occasion be instances
of referral sales made that are not credited to an affiliate for
any number of possible reasons, some of which might be: Failure
by the affiliate to use the proper format of the specially assigned
URL in promotions, web page links, banner ads, and so on; deliberate
or accidental actions by customers to circumvent an affiliate's
special URL so that our software is unable to accurately track
that sale; bugs, glitches or crashes of the tracking software
that render it unable to accurately track sales for a period of
time; acts of a nature that cause irretrievable data loss on the
computers and back-up disk media that store the commission information.
As such, affiliates will not hold us liable to compensate for
any claimed commissions that were not tracked and recorded by
the tracking software. We will pay referral fees on any future
sales after the customer has re-entered our site through the use
of a cookie placed on the end user computer. If, through no fault
of ours, the cookie is removed or not allowed by the end user,
that customer's purchase may be tracked only if customer enters
our site directly through a link from your site. The cookie will
expire at the end of 9999 days, the maximum currently allowed
under our software.
7)
Unsolicited Email: The Insight of the Day program does not condone
nor support spam (Unsolicited Commercial Email) because we realize
it wastes everyone's time and resources. Further, as the practice
of spam grows, the value of email as a communications medium will
be diminished. So, we do not allow our customers to send email
to people who have not requested it and to people with whom they
do not already have an existing relationship. For any customer
to do so is a violation of our license agreement and can result
in account termination.
8)
Affiliate Email Lists: We require that our affiliates only supply
an email list of individuals who have provided their email address
for the purpose of receiving offers and information in the future.
In addition, we require our affiliates to personalize their communication
with information that indicates they have an existing relationship
with their customers.
9)
Complaints From Affiliate Lists: When we receive a complaint of
spam, we immediately review our affiliate’s account and check
to see if that affiliate has received an inordinate number of
such complaints. If, after reviewing complaints, we find the affiliate’s
mailing list questionable, we will restrict access to our services
until the affiliate has faxed to us an affidavit stating that
they are in compliance with our email policies and are not sending
spam. An authorized representative of the affiliate’s company
must sign this before their use of our service is reinstated.
Finally, if a customer violates this agreement or refuses to sign
it, we will refuse to do business with them.
10)
Email List Ownership: The affiliate is the owner of their specific
email list. However if this contract is terminated we reserve
the right to send a one time mailing to that list stating that
the affiliate will no longer be sending out the Insight of the
Day messages. And that by clicking on a specific link they can
continue to receive the messages from our company list.
11)
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 anything in this Section.
12)
Miscellaneous: This Agreement will be governed by the laws of
the United States and the State of Arizona, 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 Phoenix, Arizona, 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.
I accept these terms and wish to register.
|
