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AFFILIATE AGREEMENT Each
participant in the affiliate program offered by High Profit Publishing
(the Program Operator) for the website(s) listed in the Terms and
Conditions on this site, located at *www.safe2order.com* (the website)
expressly agrees to this affiliate agreement. NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT
participate in the affiliate program. By participating in the affiliate
program, you are agreeing to comply with and be legally bound by the
terms and conditions of this contract. If you do not agree to all of
the terms of this agreement, please do not register for the affiliate
program. This agreement incorporates the Program Operator's Terms and Conditions of Use found on the website at *www.safe2order.com* herein as if it were set forth in full. Throughout this agreement, affiliate program refers to the affiliate program operated by the Program Operator in part for the website. Affiliates Each
affiliate is an independent contractor of the Program Operator and not
an employee. Nothing herein is intended to create an employer/employee
relationship. Commissions & Referral Fees Whenever
someone orders through your affiliate link, your affiliate ID is
credited with a referral fee. When another affiliate registers as an
affiliate using your affiliate link, your account is credited as the
Sponsoring affiliate. You do not earn a referral fee for any other
affiliate's registration. The commission/referral fee amount varies
from product, service or opportunity. The rate at which your referral
fee is generated can be found on the website and is subject to change
at any time. If the website is silent as to the commission rate, then
the base rate is 50%. Before
any affiliate may be a sent a commission check, the affiliate must
submit to the Program Operator identification information. Such
identification information shall include, at a minimum, a copy of a
government issued, picture, identification card (for example, a drivers
license). These documents shall be faxed to the Program Operator as per
the instructions sent in your "Welcome, affiliate" email. You will not
receive any payment of commission/referral fees until such time as you
submit the required documentation to the Program Operator. Commissions
on products and services are paid at the rates as indicated on the
website. The Program Operator strives to pay similar rates on further
products, services, and opportunities, but reserve the right to pay a
different scale if necessary. Income Tax Liabilities Each
affiliate acts as an independent contractor and as such is responsible
for any or all United States, state, or foreign income taxes and any
other tax liabilities that affect or concern the sales of the products
or services, in your state or location. If you are NOT a resident of
the United States, the Program Operator will withhold the appropriate
U.S. income tax applicable to foreign nationals, prior to your receipt
of any commissions. The Program Operator does so pursuant to the United
States Internal Revenue Service laws (also known as the United States
Tax Code) and other applicable laws. It is the affiliate's sole
responsibility, and not the responsibility of the Program Operator, to
take any steps necessary to recover these sums under the Tax Code and
other applicable laws. Embargoed Nations & Specially Designated Nationals The
United States controls the export of products and information. Each
affiliate agrees to comply with such restrictions and to not export or
re-export the materials (including software) to countries or persons
prohibited under the export control laws. By becoming an affiliate, you
are agreeing that you are not in a country where such export is
prohibited or are not a person or entity to which export is prohibited.
You are responsible for compliance with the laws of your local
jurisdiction with regard to the import, export, or re-export of the
materials (including software). Each
affiliate is responsible for compliance with all applicable U.S. laws
and regulations, including but not limited to, those laws pertaining to
export control. By registering as an affiliate, you warrant that you
are not a citizen or resident of a country designated as having
Embargoed Nation Status and further, you also warrant that you are not
on the list of Specially Designated Nationals or Blocked Persons
maintained by the U.S. Treasury Department. The products and/or
services are exported from the United States in accordance with the
Export Administration Regulations. Diversion to other countries is
contrary to U.S. law and is prohibited. In
compliance with the United States Patriot Act, only those who have
provided appropriate identification information and do not reside
within an embargoed nation and who are not listed on the Specially
Designated Nationals list may receive commission checks paid by either
the Program Operator. Commission Schedule Commissions
are paid once per month by payment processor on the 15th day of the
month for sales that have passed the guarantee period from the first
through the last day of the previous month, and are paid by the Program
Operator. There
is a minimum commission amount of $1 USD. This is the minimum amount
that you must earn before you will be paid commissions. In any
commission period, your commission must exceed this amount before you
will receive any sums for that period. Commissions below this minimum
amount will be held until such time as the commission equals or exceeds
this amount. Commissions
are not paid for any sales for which payment has not been received, or
for any transaction that has been rejected/refunded during the
guarantee period for any reason. We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments. If
a transaction incurs a charge-back, or if an online transaction is not
completed in every way, no commission payment is due to the affiliate.
If a commission has already been paid, then it will be deducted from an
active affiliate's future commissions. All
commissions are paid in US Dollars by check. Affiliates not accepting
payment of commissions via check may not participate in the High Profit Publishing Affiliate Program. Each
affiliate is responsible for selecting the payment processor, through
which to receive their commissions/referral fees, from the payment
processors supported by the Program Operator. If you elect a payment
processor through which to receive your commissions and you later
terminate the account or the account becomes unavailable for any
reason, the Program Operator is not responsible for your not receiving
the money. Each affiliate is responsible for always maintaining the
payment processor through which they receive their commissions/referral
fees OR selecting an alternate method of payment supported by the
Program Operator. This election is entirely made by the affiliate and
the Program Operator assumes no responsibility for non-receipt of
payments made according to the payment processor elected by the
affiliate, or the affiliate's lack of ability to then conform to the
payment processors or processes supported by the Program Operator. The
Program Operator assumes no responsibility for an affiliate not
electing a payment processor. If an affiliate fails to elect a payment
processor, any sums due will be paid via check and any fees applicable
to payments by check or bank draft will be deducted. Mixing of Products As
an affiliate of the Program Operator, your website on which you
advertise any products or services of the Program Operator may only
include products that are not capable of being viewed by persons 13
years of age or younger if the Program Operator specifically allows
such products. Your website may NOT contain any content or images that
are NOT suitable for being viewed by persons 13 years of age or younger
if you include any reference whatsoever to the Program Operator, the
website, the eBook(s), or your affiliate Link. On any website on which
you include any reference whatsoever to the Program Operator, its
products, services, and eBooks, you may NOT include any reference
whatsoever to any form of "Adult" content. Any violation of these
requirements will result in immediate termination of your affiliate
status and you shall forfeit any commissions/referral fees that may be
due. In the event that any violation of these requirements results in
the suspension or termination of any payment processor for or the
Program Operator, you shall be liable for liquidated damages in the
amount of $10,000 as well as actual and any consequential or actual
damages that or the Program Operator may incur. Payment Processor Fees All
commissions are calculated based on the net transaction. In other
words, all payment processor fees are first deducted from the sums
collected from the customer. Then, all payment processor fees are
deducted. The remaining amount is a commissionable sale. The commission
rate listed on the website is then applied to determine the amount due
the affiliate. Any sums paid for payment processor fees are not
commissionable. the Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per
transaction fee is applied, the amount of the fee can be seen on the
website. Any such fee is not commissionable and is also deducted from
the sums paid by the customer, prior to the calculation of any
commission. SPAM & Unsolicited Commercial Email (UCE) The
Program Operator does not tolerate the sending of unsolicited bulk
emails (UCE or SPAM) which promote, or make reference to the Program
Operator, or any of their associated companies or websites, Partners,
or employees, the websites, products or services. The provisions of the
Terms and Conditions pertaining to UCE or SPAM shall apply to each
affiliate. Any affiliate who, in the opinion of the Program Operator,
breaches this rule will have their affiliate status canceled and any
outstanding commissions will be forfeited. Unprofessional Conduct The
Program Operator and their associated companies operate with the
strictest codes of professional conduct. Any affiliate who brings the the
Program Operator or their employees, partners, or associates into
disrepute, or who promotes any form of slander, racism, or unfair
business practices, will have their affiliate status canceled and any
outstanding commissions will be forfeited. The
Program Operator reserves the right to reject any affiliate application
if, in the Program Operator's opinion, that person or entity violates
established laws or commonly held standards of decency. For example, we
will reject applications from any person or company that promotes any
form of violence, illegal activities, or from applicants who either the
Program Operator prefer not to be associated with. Affiliate Sales & Tracking After
signing up for the affiliate program, you will receive a unique
affiliate URL which you will use to advertise the website. When someone
clicks through this URL, a cookie will be set in their browser with
your affiliate ID and their IP address may also be logged with your
affiliate ID. During that visit to the website or any later visit, when
a purchase is made the commission will be given based on the existence
of the cookie. In
order to receive proper credit for sales, a person or entity must
purchase through your unique affiliate URL. Masking or cloaking of the
links (whether done by software or by a script, and sometimes referred to as "affiliate link cloaking") may or may not work with parts of the Sites. the
Program Operator allows masking or cloaking but You must provide a
repeatable process for our verification of the cloaked link, otherwise
the use of the masked or cloaked link is disallowed. Term & Termination This
agreement will begin upon your sign-up with the affiliate program and
will end when either you or the Program Operator terminates your
affiliate status, or if your account is inactive in any continuous
twelve month period. An affiliate may terminate this agreement at any
time, and for any reason, by writing to - or emailing - the Program
Operator at the email address listed on the website. The affiliate may
not transfer this agreement, or any rights conveyed in this agreement,
to any third party whatsoever. the
Program Operator may also terminate this agreement at any time, and for
any reason, by writing to affiliate at the email address listed in the
affiliate's Profile, with 30 days notice. the
Program Operator may transfer this agreement to any party whatsoever,
at any time, and this agreement shall remain in full force and effect,
without notice to affiliate. However, if this agreement should
terminate for cause due to violation of this agreement or the Terms and
Conditions, this agreement shall terminate immediately and affiliate
shall forfeit all right to any commissions then due. Rights to modify agreement. the
Program Operator, and its associated companies may, in good faith,
modify any of this agreement and/or the Terms and Conditions (including
the affiliate Commission Schedule), at any time and at its sole
discretion, by posting a change notice or a new agreement on the
website. These changes will come into force immediately upon posting.
The affiliate's continued participation in the affiliate program
following the said posting of a change notice or new agreement shall
constitute binding acceptance by the affiliate of the change. If
any modification to this agreement is not acceptable to the affiliate,
affiliate's only recourse is to terminate this agreement. Upon
termination of this agreement, the former affiliate must remove all
affiliate links and graphics from its web site, and refrain from
publishing same in any manner whatsoever. No Misuse It
is understood that any individual that uses the Program Operator system
shall not use it in connection with obscene, defamatory, slanderous,
hateful, illegal or politically disruptive material, the definition of
which shall be at the sole discretion of the Program Operator. It is
also understood that affiliates shall not try to cheat the system in an
effort to increase their payments due. If such misuse is detected, the
affiliate will be immediately terminated as an affiliate and any sums
paid (for any eBook) and any sums payable as and for commissions will
be withheld All affiliates further agree to refrain from engaging in
any hostile activity toward the system. Any individual that engages in
such hostile activity, such as hacking, shall be held liable for any
loss sustained by the Program Operator, or its associates due to such
action. As-Is Only There
is no warranty or guarantee of any kind with respect to the Program
Operator system as far as reliability, stability, quality or
dependability. This means that the Program Operator, or its associates
is not responsible for any loss or damage incurred directly or
indirectly due to the use of the Program Operator website or eBook(s),
or any other facet of the system. This shall include, but is not
limited to, any system malfunction, period of being inoperative or
unavailable, loss of data or discontinuation of service, other
inconveniences. Fees Affiliates
shall be charged NO FEE by the Program Operator for setting up an
account to join affiliate programs or to join any program. Electronic Communications & Email The Program Operator requires your primary email address be listed in your affiliate Profile. affiliates
will not be able to use the website or participate in the affiliate
program until their email addresses are verified. Those who fail to
verify their email address or use an email address that generates an
error response consistently (e.g., "User is over quota" or "Mailbox
full") will forfeit any commissions due and this contract will be
terminated immediately. You may not use an email address with an auto
responder as your the Program Operator
email address. When you visit the Program Operator or send emails to
us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with
you by email or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. If you are an affiliate, you understand
that you may NOT opt out of any emails that you receive from the
Program Operator. As an affiliate, you must continually have a valid
email account on file with the Program Operator or we reserve the right
to terminate your participation immediately, without any refund of any
license fees paid or payment of any commission due. Unauthorized Charging Or Receipt Of Payments Through The Sites No
affiliate, or other person or entity may use the website, or the
Program Operator payment processing system, for private transactions.
Any revenue collected through the website or through the the Program Operator payment processing system may become the sole property of the Program Operator . Any revenue collected through the the
Program Operator payment processing system may become the sole property
of the Program Operator. Specifically, Abundance Group affiliates may
not link to the website for processing of products or services that are
not wholly sponsored by the Program Operator and authorized by the
Program Operator and further, may not link to the website for
processing of any products beyond what the Program Operator has
identified as salable products for the website and specific affiliate
sales. Should any affiliate of the Program Operator or other person or
entity construct links that process orders through the Program Operator
payment processing system, the act will be considered an attack of
computing resources with intent to damage the website and therefore
treated as a serious computer crime. Violators will be prosecuted to
the fullest extent of the law. Charging
or receiving any payment for assisting your affiliates. The progress of
any affiliate benefits the Program Operator in many ways. If You
recruit, sponsor, or obtain an affiliate through the websites, by any
means, You should always be willing to assist such affiliate at no
charge to such affiliate. If you are unwilling to assist such
affiliates without charge, your affiliate status with the Program
Operator will be terminated immediately and any commissions due will be
withheld permanently as partial compensation for managing the
associated and impacted affiliates. Affiliate Identification Numbers You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'.
You are responsible for maintaining the secrecy and security of your
affiliate ID number and password. You agree to hold the Program
Operator harmless in the event that any such information is shared by
you with any other person or entity whatsoever. No Predatory Advertising All
affiliates in the affiliate program agree to refrain from any type of
predatory advertising practices, the definition of which shall be at
the sole discretion of the Program Operator, and shall include, but not
be limited to, dynamically replacing the affiliate ID of one affiliate
with that of another with the effect of "stealing" the commission away
from the affiliate that earned it, whether this be intentional or not. affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions. Liability The
Program Operator will not be liable for indirect or accidental damages
(loss of revenue, commissions) due to affiliate system sale tracking
failures, commission processing system failures, losses of database
files or backups thereof, attacks on computing resources, computer
viruses, the continued viability of their products, any results of
"intents of harm" to the program, or acts of God or Nature. the
Program Operator makes no claim that the operation of the websites or
the Program Operator network will be error-free nor will the Program
Operator be held liable for any interruptions or errors. Miscellaneous Provisions a)
If any part of this agreement or the Terms and Condition is declared
void, this agreement and the Terms and Conditions shall, to the maximum
practicable extent, be construed without reference to that part. No
term or provision of the Agreement shall be waived unless in writing
and signed by the party waiving the provision,
and any waiver shall apply only to the specific event or situation
which it describes and shall not be continuing. No affiliate may assign
or sublicense this agreement without the Program Operator's prior
written consent. b)
All legal or other fees incurred in collecting returned checks or
declined credit cards or any other lack of payment related to a sale
made by an affiliate will be payable by the affiliate. Any sums not
collected from the affiliate or affiliate's customer are not
commissionable, and any fees incurred during processing or handling of
sales made by the affiliate will be deducted in whole from any
commissions due to the affiliate. Further, in the event that the
commissions due the affiliate are insufficient to cover any sums, the
affiliate agrees to pay the full amount to the Program Operator. c)
IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND
CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S
LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY
SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR
THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE). d) To the extent you have in any manner violated or threatened to violate the Program Operators
intellectual property rights, the Program Operator may seek injunctive
or other appropriate relief in any state or United States federal court
in the State of Missouri, USA and you consent to exclusive jurisdiction
and venue in such courts. Use of the Program Operator website is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the Program
Operator as a result of this agreement or use of the website and/or the
eBook(s) and/or the Software. the Program Operator's performance of
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of the Program
Operator's right to comply with governmental, court and law enforcement
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. e)
This Agreement shall be governed and construed in accordance with the
laws of the State of Missouri and The United States of America
applicable to agreements made and to be performed in the State of
Missouri and in The United States of America. You agree that any legal
action or proceeding between the Program Operator and you for any
purpose concerning this agreement or the parties' obligations
hereunder, will first attempt to be resolved with the help of a
mutually agreed-upon online mediator. Any costs and fees (other than
attorney fees) associated with the mediation will be shared equally by
each of us. f)
If it proves impossible to arrive at a mutually satisfactory solution
through online mediation, we agree to submit the dispute to binding
arbitration at the following location: for legal actions or proceedings
between the Program Operator and you, in St. Louis North County,
Missouri, USA , under the commercial
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. In
no case shall you have the right to go to court or have a jury trial.
You will not have the right to engage in pre-trial discovery except as
provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any
claim subject to arbitration; the arbitrator's decision will be final
and binding with limited rights of appeal. g) Any cause of action or claim you may have with respect to the website, the products, the services, or the eBook(s),
must be commenced within ninety (90) days after the claim or cause of
action arises or such claim or cause of action is barred. The Program Operator 's
failure to insist upon or enforce strict performance of any provision
of this agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this agreement. the
Program Operator may assign its rights and duties under this agreement
to any party at any time without notice to you. Use of headings in this
document is for convenience only and does not identify legal boundaries
or terms explicitly. h)
The Program Operator may modify this agreement, and the agreement this
creates, at any time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement regarding all the matters
that have been discussed. i)
The Program Operator may transfer any rights or responsibility that it
may have to any person or entity whatsoever. Nothing herein shall alter
or encumber the right of the Program Operator to transfer any such
rights or responsibilities. Any transfer by the Program Operator shall
cause this agreement, and any other agreement then in effect (as well
as any other contract between you and the transferring party) to
transfer simultaneously, all without permission. j)
Should this affiliate program be deemed illegal in any jurisdiction,
the Program Operator has the right to immediately terminate this
program, without recourse. If the payment processors utilized by the
Program Operator determine that sales made through affiliates cannot be
processed through the payment processor, then the Program Operator has
the right to immediately terminate this Program, without recourse.
Nothing herein is intended to imply that the Program Operator will
always offer any affiliate program, or this affiliate program, for all
products, services, and/or opportunities sold by the Program Operator
on the websites or that the Program Operator will offer any affiliate
program whatsoever. Any rights not expressly granted herein are reserved. Last updated on November 25, 2006. Copyright 2006 Gina Gaudio-Graves and licensed for use by High Profit Publishing. All
Rights Reserved. No portion of this document may be copied or used by
anyone other than the licensee without the express written permission
of Gina Gaudio-Graves, Esq. |