| |
MoneyListProfits.com Affiliate Partnership Program Agreement
References: "We", "Our", "Us", "MLP" refer to MoneyListProfits.com
This agreement is a binding, legal contract between you, the Affiliate
Partner
and our business, MLP.
Affiliate represents and warrants to MLP, that Affiliate has read
and understands MLP Policies that are set forth on our web site
and agree to the terms set forth therein.
MLP reserves the right to amend this agreement as needed from time
to time, and Affiliate agrees that any and all such amendments will
apply to Affiliate. The continuation of Affiliate status, promoting or
marketing MLP, MLP products or services, or Affiliate's
acceptance of income, shall constitute Affiliate's acceptance of any and
all amendments.
All affiliates must be 18 years of age or older. If you are under 18
years of age you are not permitted to be an affiliate.
Affiliate agrees to receive e-mail from MLP, including but not
limited to, sales reports, training, promotional resources, newsletters
and other correspondence.
Affiliate agrees to only present MLP, MLP products and services
as set forth in the official MLP Website or MLP marketing
materials. Affiliate will make no claims regarding potential income,
earnings, products, or services beyond what is stated at the official
MLP Website. Affiliate also agrees not to reproduce commission
checks or distribute commission checks in any form or by any means.
Affiliate agrees not to disparage MLP, MLP products or services
other MLP Affiliates in any manner. Affiliate understands that
disparagement may result in the immediate suspension or termination of
Affiliate account with a cancellation of any pending commissions.
MLP has zero tolerance toward any Affiliates associated with spam.
The accounts of Affiliates associated with spam are immediately
terminated as soon as the violation is verified, with a cancellation of
any pending monies or commissions owed.
Affiliates are not allowed to make purchases through their own affiliate
links. Any commissions credited in this manner shall be reversed and the
Affiliate account shall be closed.
MLP will immediately terminate any Affiliate account which it
believes, in its sole discretion, is transmitting or is otherwise
connected with any spam or other unsolicited bulk e-mail.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE,
in bulk or by single mailing, about MLP, MLP products or
services, who has not specifically requested the information directly
from Affiliate. MLP considers ANY type of advertisement about
MLP, MLP products or services, posted to a Newsgroup or Chat
Room, in violation of their posting rules, to be spam.
Affiliate agrees to comply with all U.S. State and Federal spam laws,
including but not limited to the Federal CAN-SPAM Act.
Because damages are often difficult to ascertain, if actual damages
cannot be reasonably calculated then you as Affiliate agree to pay
MLP liquidated damages of $500 for each piece of spam or unsolicited
e-mail transmitted from or otherwise connected with your account, or
actual damages, whichever is higher, to the extent such actual damages
can be reasonably calculated.
All Affiliate payments will be made in U.S. dollars. If a sale is
canceled or refunded, any paid commission will be deducted from a
subsequent payment. Affiliate commissions will not be paid based upon
amounts that are attributable to credit card fraud, credits given to
customers, bad debt right-off and returned goods. MLP reserves the
right to deduct in subsequent months, any commission paid for a product
or service that is subsequently returned or refunded, or for any reason
where the previous monthly commission was overpaid or later subject to
reduction.
Affiliate is solely responsible for ensuring that their Affiliate Link
is set up properly to have sales tracked and recorded to qualify for
commissions. MLP is not responsible for the failure to assign any
sale or commissions to Affiliate if the same results from the improper
formatting of any affiliate links.
MLP will only pay commissions on sales that are tracked through our
tracking system and indicate Affiliate as the source of the visit to
MLP Web site. Affiliate has no right to commissions if a buyer later
returns to MLP site through another Affiliate link or source and
makes a purchase.
You have no right to commissions based upon subsequent sales, even where
the customer first arrived at MLP site through your Affiliate
link. Commissions will only be paid when the buyer makes a purchase on
the same visit using your Affiliate link.
MLP makes no representations or warranties whatsoever, regarding
potential income that may result from participation in MLP's
Affiliate Program and MLP specifically disclaims any and all
warranties in regards to Affiliate's earning potential.
Affiliate agrees to provide MLP with a valid contact information
upon registration.
MLP will make every reasonable effort to accurately track and pay
commissions for all sales that belong to or are credited to Affiliate.
MLP is not responsible for technical problems, acts by third
parties, or other events outside our reasonable control which may
temporarily interfere with, disrupt or diminish tracking or service.
MLP shall not be held liable for any indirect, incidental, special
or consequential damages or any loss of revenue or profits arising under
or with respect to this Agreement or program, even where MLP has
been advised of the possibility of such damages. MLP's total
liability arising from this agreement or program shall not exceed the
total commissions paid or payable by MLP.
MLP is responsible for handling all customer inquiries, fulfilling
product orders, customer billing and collection of monies.
MLP pricing of products and services is totally within MLP
discretion and MLP reserves the right to change the pricing
structure, terminate any special offers, discontinue products or
services, or change the terms under which products or services are
offered at any time, without any advance notice to Affiliate.
Our only responsibility to you in this regard is to track customer
orders that occur through links from Affiliate and make reports of the
commissions due as a result thereof. All such reports shall be
un-audited.
If MLP makes use of a Third-Party service to calculate the
Affiliate commissions and make the payments, then the statistics
provided by MLP are for information purposes only while the
commissions calculated by the Third-Party service will be held as final.
To protect customer privacy, under MLP's Privacy Policy, if deemed
necessary MLP reserves the right to withhold identifying customer
contact information from Affiliate. MLP has no obligation to provide
Affiliate with any specific information for any customer, regardless of
whether said customer arrived at MLP Web site through an
Affiliate link.
MLP reserves all rights in or to its trademarks and servicemarks and
copyrights, although they may be used by Affiliate in accordance with
this agreement. Affiliate may in no way display a MLP logo, image,
or trademark which may be distasteful, defame, or misrepresent MLP
in any way.
Affiliate agrees not to misrepresent MLP products or services.
Affiliate also agrees not to advertise MLP products or services on
Web sites that promote sexually explicit material, violence, Warez or
pirated materials, or sites that promote discrimination based on race,
sex, religion, national origin, or physical disability or sites that
promote illegal activities.
Affiliate is solely an Independent Contractor when acting as an
Affiliate. No partnership, joint venture or other legal entity is
created between MLP and Affiliate.
MLP reserves the right to terminate your affiliate status for any
reason in our sole and absolute discretion, including but not limited to
the reasons set forth herein.
MLP makes no warranties expressed or implied for the Affiliate
Program except as outlined in this Agreement. Affiliate program is
provided As Is.
MLP and Affiliate reserve the right to terminate this agreement at
any time, without notice. If terminated, outstanding commissions shall
be paid in the next payment cycle, as long as the terms of this
agreement were not violated by the Affiliate. Payment of the final
commission payment to the Affiliate may be withheld for a reasonable
time in order to ensure that the correct amount of monies due are paid.
Affiliate is solely and fully responsible for any and all costs and
expenses Affiliate incurs in the marketing of MLP, MLP
products and services, and Affiliate agrees to hold MLP harmless
from same.
In the event that any provision of this Agreement is held to be invalid
or unenforceable, said provision shall be reformed only to the extent
necessary to make it enforceable, and the balance of the Agreement will
remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the
laws of the State the head office of MLP is physically located in, without regard to its
conflict of laws rules. Any legal action arising out of this Agreement
shall be litigated and enforced under the laws of the State where MLP is located. In addition, you agree to submit to the jurisdiction
of the courts of the State where MLP is located, and that any
legal action pursued by you shall be within the exclusive jurisdiction
of the courts of the city and state where MLP is located.
MLP obligations and Affiliate remedies are solely and
exclusively as described and limited in this agreement. MLP
liability, whether based on contract, tort, warranty, strict liability,
or other legal claim, shall not exceed the price of the individual
goods, products, services or commission owed, whose alleged defect or
damage is the basis of the claim. In no event shall MLP be liable
for any loss of profits, loss of use, or other indirect, incidental, or
consequential damage to Affiliate.
MLP reserves all rights not expressly granted here.
Copyright © MoneyList Profits. All Right Reserved. |
|
|