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Twitter
Effects
Affiliate Agreement
This agreement
describes the entire terms and conditions for participation in
the TwitterEffects.com 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 TwitterEffects.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% (Upgraded Members) 25% (Free Members) 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
TwitterEffects.com and its associated site(s) reserve the right
to pay commissions in one of the following manners: Via Company
check; via PayPal; 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
TwitterEffects.com 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 TwitterEffects.com
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. TwitterEffects.com
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. TwitterEffects.com
can not be held responsible in the event link methods interrupt
a sale credit to Affiliate. Qualifying Sites TwitterEffects.com
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
TwitterEffects.com 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 TwitterEffects.com
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 TwitterEffects.com, and all trademarks, logos, or
other marks belonging to TwitterEffects.com and to include all
other materials provided in connection with this Agreement.
We may reject your application or terminate you if, at our sole
discretion 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
TwitterEffects.com 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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