AFFILIATE PROGRAM AGREEMENT This Agreement contains the terms and conditions that apply to your participation as an affiliate member of www.affirmware.com.au (the "Merchant Web Site"), which is a web site owned and/or operated by Affirmware. This Agreement is between AffirmWare and You and is effective on the date you accept the terms and conditions set forth herein (the "Effective Date"). Each AffirmWare (the "Merchant") and you (the "Affiliate") are parties to agreements with AffirmWare and are participants in the AffirmWare Affiliate Program. This Agreement provides terms and conditions that are in addition to any terms and conditions that you have agreed to pursuant to your agreement with AffirmWare. BY CLICKING ON THE "JOIN PROGRAM" BUTTON AND RECEIVING LINKS TO THE MERCHANT WEB SITE YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT CLICK THE "JOIN PROGRAM" BUTTON.
1. True and Complete Information.
Affiliate represents and warrants that all information provided by Affiliate in connection with becoming an affiliate of Merchant is true and complete. If Merchant determines that any information provided by Affiliate is not true and complete, Merchant may immediately terminate Affiliate's participation with respect to the Merchant Web Site.
2. Suitability of Affiliate Web Site(s).
Affiliate represents and warrants that neither its web site(s) nor any content thereon (a) infringes on any third parties intellectual property, publicity, or privacy rights; (b) violates any law or regulation; (c) is threatening, defamatory, obscene, harmful to minors, or contains nudity or pornography; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (e) is materially false, inaccurate, or misleading; (f) promotes violence; (g) promotes discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (h) promotes the use of bulk email or spam; (i) promotes the use of pyramid schemes; or (j) promotes gambling, sports betting or touting.
3. Operation and Maintenance of the Merchant Web Site.
Affiliate acknowledges and agrees that Merchant will accept or reject, in its sole and absolute discretion, all orders by customers for merchandise placed on or through the Merchant Web Site. Affiliate acknowledges and agrees that (i) Affiliate does not have any authority to make or accept any offer or commitment on behalf of Merchant, and (ii) Merchant is solely responsible for all pricing, merchandising, order processing, order fulfillment, shipping, returns and all other aspects of the Merchant Web Site and the sale of merchandise thereunder. All personal information obtained through customers use of the Merchant Web Site shall be the exclusive property of Merchant and its applicable Retail Partners.
4. Commissions & Payment.
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 ClickBank in their agreement http://www.clickbank.com/paychecks.html. For a sale to generate a commission 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 which are made through qualified Affiliate links.
ClickBank will send a check for the applicable commissions within the framework of their policies 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 chargebacks, the amount will be deducted by ClickBank from the next payment due affiliate.
5. Responsibility for Affiliate URLs.
ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form. The Affiliate will be solely responsible for the development, operation, and maintenance of all URLs that are linked to the Merchant Web Site and for all materials that appear on such URLs. The Affiliate acknowledges and agrees that it shall be responsible for complying with the terms hereof and the terms of its agreements with AffirmWare.
6. Affiliate Indemnification.
The Affiliate, at its own expense, will indemnify, defend and hold harmless, each of the Merchant Parties against any claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable attorney's fees, based upon or in connection with (i) any breach or alleged breach of Affiliate's representations and warranties hereunder, (ii) the failure to comply with or perform any obligation or agreement of Affiliate hereunder, or (iii) the Affiliate's web site(s) and/or any content or other materials displayed or contained thereon, including but not limited to claims of infringement.
7. Term of the Agreement.
This Agreement shall begin on the Effective Date and shall terminate on the date Affiliate is no longer an Affiliate of Merchant pursuant to the AffirmWare Program. Merchant may terminate this Agreement at any time and for any reason by providing notice to Affiliate in accordance with the AffirmWare Program. Merchant may terminate this Agreement immediately, without notice, if Merchant determines, in its sole discretion, that the Affiliate has breached this Agreement or that Affiliate's web site(s) are unsuitable to participate as an Affiliate of Merchant.
8. Modification of Agreement.
Merchant reserves the right to modify this Agreement upon no less than 14 days notice to the Affiliate. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION AS AN AFFILIATE OF MERCHANT FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL CONSTITUTE ACCEPTANCE OF SUCH MODIFICATION BY AFFILIATE.
9. Independent Contractors.
Merchant and Affiliate are independent contractors and nothing in this Agreement or the AffirmWare Program is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
The Affiliate may not assign any of its rights or delegate any of its obligations under this Agreement, by operation of law or otherwise, without Merchants's 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.
11. Entire Agreement.
This Agreement and the affiliate agreement that the Affiliate has entered into with AffirmWare as part of the AffirmWare Program represents the complete agreement and understanding between the parties and supersedes any other oral or written communications or understandings between the parties regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon Merchant unless agreed to by an authorized representative of Merchant.
12. You may NOT include our link in any unsolicited or spam Postings.
This would result in termination of your affiliate account. By clicking Join Program, I agree that I have read and accept all of the Terms and Conditions as set forth in the Affiliate Program Agreement above.
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