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This
agreement describes the entire terms and conditions
for participation in the DotComConnects.com
Affiliate Program via DotComSuccess.com and/or
The Agency, LLC.
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 The Agency, LLC and
its associated site(s), more specifically DotComConnects.com
and DotComSuccess.com.
Affiliate Site
Upon
completed Affiliate Enrollment form(s), any
program in use on our site will create a unique
URL for you, specific to your enrollment. In
the event Clickbank is used, ClickBank themselves
will create a unique URL for you when you submit
a completed Affiliate Enrollment Form.
Commissions
You
will receive 50% 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 any payment processors
on in the event of ClickBank, by Clickbank in
their agreement found at http://www.clickbank.com/paychecks.html.
For
a sale to generate a commission payable 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
and any commission earned on returned items
will be deducted from the total.
Payment
The
Agency, LLC and its associated site(s) reserve
the right to pay commissions in one of the following
manners: Via Company check; via PayPal; via
StormPay; or in the case of ClickBank, Clickbank
will send a check for the applicable commissions
within the framework of their policies stated
at 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 from the total or by ClickBank
from the next payment due affiliate.
Order
Fulfillment
The
Agency, LLC and its associated site(s) 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 stated or where
a written license has been delivered with the
product.
Customers
Customers
who purchase products and services through the
Affiliate Program will be deemed to be customers
of The Agency, LLC and its associated site(s).
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. The
Agency, LLC and policies of each website 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. The Agency, LLC can not be
held responsible in the event link methods interrupt
a sale credit to Affiliate. Qualifying Sites
The Agency, LLC reserves the right to refuse
any site into an Affiliate Program based on
site content. Sites that Do Not Qualify for
the Affiliate Program include sites that:
* Promote sexually explicit
materials
* Promote illegal activities
* Promote violence in any manner
* Promote discrimination based on race,
sex, religion, nationality, disability,
sexual orientation, or age
* Violate intellectual property rights
* Violate copyright law
* Engage in Unsolicited Commercial Email
or SPAM
The
Agency, LLC in no way participates in mass unsolicited
emailing (i.e. spamming), and all Affiliates
are expected to adhere to this policy at all
times. Violation of this policy will result
in the termination of this Agreement and immediate
dismissal from the Affiliate Program of The
Agency, LLC or any of its affiliated site(s),
with no refund.
Simply
put, if you spam you lose commissions and are
out of the Affiliate Program.
Relationship
of Parties
All
parties to this Agreement are independent contractors,
and nothing in this Agreement will create any
partnership, agency, agency relationship, franchise,
sales representative, joint venture, or employment
relationship between the parties. You will have
no authority to make or accept any offers or
representations on our behalf or on the behalf
of our website(s) without prior written consent.
Further, you will not make any statement, whether
on your website or otherwise, that would be
contradictory to this statement.
Term
and Termination
The
term of this Agreement will begin when accepted
by you and will end when terminated by either
party. Either The Agency, LLC or you may terminate
this Agreement at any time, with or without
cause, by giving the other party written notice
of termination. Upon termination of this Agreement
for any reason, all licenses granted hereunder
shall immediately terminate and you will immediately
cease use of, and remove from any Website, all
links to site(s) of The Agency, LLC, and all
trademarks, logos, or other marks belonging
to The Agency, LLC and to include all other
materials provided in connection with this Agreement.
We
may reject your application or terminate you
if, at our sole descretion we determine 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 illegal activities
* Promote violence in any manner
* Promote discrimination based on race,
sex, religion, nationality, disability,
sexual orientation, or age
* Violate intellectual property rights
* Violate copyright law
* Engage in Unsolicited Commercial Email
or SPAM
Limitation
of Liability
The
Agency, LLC or its associated site(s) will not
be liable for indirect, special, or consequential
damages (or any loss of revenue, commissions,
profits, or data) arising in connection with
this Agreement or any 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 Affiliate 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 Program. Further,
we make no representation that the operation
of our site or any 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: Tulsa, Oklahoma - USA. 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: Tulsa, Oklahoma -
USA, under the rules of the American Arbitration
Association. Judgment upon the award rendered
by the arbitration may be entered in any court
having jurisdiction to do so. Mediation or Arbitration
fees 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
application, you acknowledge that you have read
this agreement in its entirety and agree to
all its terms and conditions herein. Further,
you have independently evaluated this Program
and are not relying on any statement, representation,
or guarantee other than as set forth in this
agreement.
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