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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 affiliates account and check to see
if that affiliate has received an inordinate number of such complaints.
If, after reviewing complaints, we find the affiliates 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 affiliates 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.
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