Affiliate
Agreement
This
agreement describes the entire terms and conditions for participation
in the Schneiderman & Associates, LLC Affiliate Program.
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 Schneiderman & Associates, LLC
Affiliate
Site
ClickBank
will create a unique URL for you when you submit a complete 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 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 that are made through
qualified Affiliate links.
Payment
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 charge backs, the
amount will be deducted by ClickBank from the next payment due
affiliate.
Order
Fulfillment
Schneiderman
& Associates, LLC 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 noted.
Customers
Customers
who purchase products and services through the Affiliate Program will
be deemed to be customers of Schneiderman & Associates, LLC.
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.
Schneiderman & Associates, LLC policies 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.
Qualifying
Sites
Schneiderman
& Associates, LLC reserves the right not to accept any site into
the Affiliate Program based on site content. Sites that Do Not Qualify
for the Affiliate Program include sites which:
·
Promote sexually explicit materials
·
Promote violence
·
Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
·
Promote illegal activities
·
Violate intellectual property rights
Unsolicited
Commercial Email or SPAM
Schneiderman
& Associates, LLC in no way participates in mass unsolicited
emailing (i.e. spamming), and all Affiliates are expected to adhere to
this policy as well. Violation of this policy will result in the
termination of this contract and immediate dismissal from the
Schneiderman & Associates, LLC Affiliate Program, with no refund.
Bottom
line: If you spam you’re out!
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 this statement.
Term
and Termination
The
term of this Agreement will begin when you accept and will end when
terminated by either party. Either Schneiderman & Associates, LLC
or you may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. Upon
the termination of this Agreement for any reason, all licenses granted
hereunder shall immediately terminate and you will immediately cease
use of, and remove from Affiliate's Web Site, all links to the
Schneiderman & Associates, LLC Site, and all Schneiderman &
Associates, LLC trademarks and logos, other Schneiderman &
Associates, LLC Marks and all other materials provided in connection
with this Agreement.
We may
reject your application or terminate you if we determine (in our sole
discretion) 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 violence;
·
Promote discrimination based on sex, religion, nationality,
disability, sexual orientation, or age;
·
Promote illegal activities; or
·
Infringe or otherwise violate any copyright, trademark, or other
intellectual property rights.
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 commissions paid or payable to you 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
Affiliate Program. In addition, we make no representation that the
operation of our site or the 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: Oklahoma. 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: Oklahoma, under the 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. Mediation 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
signing up with ClickBank, you acknowledge that you have read this
agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement.
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