Affiliate Agreement...
Each participant in the Affiliate
program offered by JAM Marketing Inc. (the "Program Operator")
at (the "Website") expressly agrees to this Affiliate Agreement.
NOTICE: PLEASE READ THIS AGREEMENT
CAREFULLY. UNLESS YOU EXPRESSLY AGREE AND CONSENT TO THIS
AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY
PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE AGREEING TO
COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF
THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.
This Agreement incorporates the
Program Operator's terms, conditions, and policies (located on
this Website) herein as if it were set forth in full.
Throughout this Agreement, "Affiliate
program" and "program" refers to the Affiliate program operated
by the Program Operator in part for the Website.
Affiliates...
Each Affiliate is an independent
contractor of the Program Operator and not an employee. Nothing
herein is intended to create an employer/employee relationship.
The program is not a “business
opportunity” for purposes of the U.S. Federal Trade Commission’s
Business Opportunity Rule, 16 C.F.R. § 437.1 et seq.
Commissions and Referral
Fees...
Whenever someone orders through your
Affiliate link, your Affiliate ID is credited with a referral
fee if one is specified on our Website. When another Affiliate
registers as an Affiliate using your Affiliate link, your
account is credited as the Sponsoring Affiliate if our Affiliate
program has a multi-tier structure. You do not earn a referral
fee for any other Affiliate's registration. The commission and
any referral fee amount varies from product, service or
opportunity. The rate at which your referral fee, if any, is
generated can be found on the Website and is subject to change
at any time. If the Website is silent as to the commission rate,
then the base rate is .
Before any Affiliate may be sent a
commission check or payment, the Affiliate must submit to the
Program Operator identification information. Such identification
information shall include, at a minimum, a copy of a government
issued, photo identification card (for example, a driver's
license). These documents shall be faxed to the Program Operator
as per the instructions sent in your "Welcome, Affiliate" email.
You will not receive any payment of commission/referral fees
until such time as you submit the required documentation to the
Program Operator.
Commissions on products and services
are paid at the rates as indicated on the Website. The Program
Operator strives to pay similar rates on future products,
services, and opportunities, but reserves the right to pay a
different scale if necessary.
Commission Rates...
Package 1 and package 2 Buyers get
paid 10% on any package sale they make. Package 3 Buyers will
get paid 20% on any package sales that they make. Package 3
Buyers can also become a partner affiliate at the website after
their 10th sale. Starting with the 11th sale, they will be paid
25% commission on all future sales.
Income Tax Liabilities...
Each Affiliate acts as an independent
contractor and as such is responsible for any or all United
States, state, or foreign income taxes and any other tax
liabilities that affect or concern the sales of the products or
services, in your state or location. If you are NOT a resident
of the United States, the Program Operator will withhold the
appropriate U.S. income tax applicable to foreign nationals,
prior to your receipt of any commissions. The Program Operator
does so pursuant to the United States Internal Revenue Service
laws (also known as the United States Tax Code) and other
applicable laws and regulations. It is the Affiliate's sole
responsibility, and not the responsibility of the Program
Operator, to take any steps necessary to recover these sums
under the Tax Code and other applicable laws and regulations.
Embargoed Nations & Specially
Designated Nationals...
The United States controls the export
of products and information. Each Affiliate agrees to comply
with such restrictions and to not export or re-export the
materials (including software) to countries or persons
prohibited under the export control laws. By becoming an
Affiliate, you are agreeing that you are not in a country where
such export is prohibited or are not a person or entity to which
export is prohibited. You are responsible for compliance with
the laws of your local jurisdiction with regard to the import,
export, or re-export of the materials (including software).
Each Affiliate is responsible for
compliance with all applicable U.S. laws and regulations,
including but not limited to, those laws pertaining to export
control. By registering as an Affiliate, you warrant that you
are not a citizen or resident of a country designated as having
Embargoed Nation Status and further, you also warrant that you
are not on the list of Specially Designated Nationals or Blocked
Persons maintained by the U.S. Treasury Department. The products
and/or services are exported from the United States in
accordance with the Export Administration Regulations. Diversion
to other countries is contrary to U.S. law and is prohibited.
In compliance with the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act),
Pub. L. 107-56, 115 Stat. 272, as reauthorized and amended, only
those who have provided appropriate identification information
and do not reside within an embargoed nation and who are not
listed on the Specially Designated Nationals list may receive
commission checks paid by either the Program Operator or its
agent.
Commission Schedule...
Commissions are paid once per week by
PayPal, Solid Trust Pay, or Check for sales made through the day
of the previous 14 days, once the customers payment has cleared
and remains clear for 7 days. Commissions are paid by the
Program Operator.
Payments by PayPal and Solid Trust
Pay. There is no minimum commission amount that you must earn to
be paid by PayPal and Solid Trust Pay.
Payments by check. There is a minimum commission amount of
$25.00. This is the minimum amount that you must earn before you
will be paid commissions by check. In any commission period,
your commission must exceed this amount before you will receive
any sums for that period. Commissions below this minimum amount
will be held until such time as the commission equals or exceeds
this amount.
Commissions are not paid for any sales
for which payment has not been received, or for any transaction
that has been rejected for any reason. The Program Operator
reserves the unilateral right to reject any transaction within
its sole discretion for any reason.
The Program Operator is not
responsible for paying interest to Affiliates for accrued but
not yet delivered commission payments.
If a transaction incurs a charge-back,
or if an online transaction is not completed in every way, no
commission payment is due to the Affiliate. If a commission has
already been paid, then it will be deducted from an active
Affiliate's future commissions.
All commissions are paid in US Dollars
by PayPal or check. Affiliates requesting bank drafts will have
a processing fee of $10.00 deducted from the check. This fee may
change at any time.
Each Affiliate is responsible for
selecting the payment processor, through which to receive their
commissions/referral fees, from the payment processors supported
by the Program Operator. If you elect a payment processor
through which to receive your commissions and you later
terminate the account or the account becomes unavailable for any
reason, the Program Operator is not responsible for your not
receiving the money.
Each Affiliate is responsible for
always maintaining the payment processor through which they
receive their commissions/referral fees OR selecting an
alternate method of payment supported by the Program Operator.
This election is entirely made by the Affiliate and the Program
Operator assumes no responsibility for non-receipt of payments
made according to the payment processor elected by the
Affiliate, or the Affiliate's lack of ability to then conform to
the payment processors or processes supported by the Program
Operator.
The Program Operator assumes no
responsibility for an Affiliate not electing a payment
processor. If an Affiliate fails to elect a payment processor,
any sums due will be paid via check and any fees applicable to
payments by check or bank draft will be deducted.
Mobile Apps...
If you include an Affiliate link or
otherwise promote the Program using a computer program designed
to run on smartphones, tablet computers, or other mobile
electronic devices (a “Mobile App”), the Mobile App must comply
with the terms of this Agreement. In addition, the Mobile App
can only be distributed to end users via Google Play, Apple’s
App Store, Microsoft’s Windows Phone Apps+Games Store, and/or
Amazon’s Appstore. Prior written approval by the Program
Operator is required before distributing the Mobile App by any
other means.
Mixing Of Products...
As an Affiliate of the Program
Operator, your website on which you advertise any products or
services of the Program Operator may only include products that
are not capable of being viewed by persons 13 years of age or
younger unless the Program Operator specifically allows such
products. Your website may NOT contain any content or images
that are NOT suitable for being viewed by persons 13 years of
age or younger if you include any reference whatsoever to the
Program Operator, the Website, the eBook(s), or your Affiliate
Link. On any website on which you include any reference
whatsoever to the Program Operator, its products, services, and
eBooks, you may NOT include any reference whatsoever to any form
of "Adult" content. Any violation of these requirements will
result in immediate termination of your Affiliate status and you
shall forfeit any commissions/referral fees that may be due. In
the event that any violation of these requirements results in
the suspension or termination of any payment processor for the
Program Operator, you shall be liable for liquidated damages in
the amount of $10,000 as well as actual and any consequential
damages that the Program Operator may incur.
Payment Processor Fees...
All commissions are calculated based
on the net transaction. In other words, all taxes, shipping, and
payment processing fees are first deducted from the sums
collected from the customer. The remaining amount is a
commissionable sale. The commission rate listed on the Website
is then applied to determine the amount due the Affiliate. Any
sums paid for taxes, shipping, and payment processor fees are
not commissionable. The Program Operator may also charge a per
transaction fee for every transaction processed. In the event
that a per-transaction fee is applied, the amount of the fee can
be seen on the Website. Any such fee is not commissionable and
is also deducted from the sums paid by the customer, prior to
the calculation of any commission.
Spam And Unsolicited
Commercial Email (UCE)...
The Program Operator does not tolerate
the sending of unsolicited commercial emails (“UCE” a.k.a. junk
email or spam email) that promote, or make reference to the
Program Operator, or any of their associated companies or
Websites, Partners, employees, the Websites, products or
services. The provisions of the Program Operator's Anti-Spam
Policy shall apply to each Affiliate. Any Affiliate who, in the
opinion of the Program Operator, breaches this rule will have
their Affiliate status canceled and any outstanding commissions
will be forfeited.
Investigations by Law
Enforcement or Government Agencies...
The Program Operator reserves the
right to reject any Affiliate application or immediately
terminate any Affiliate from the Program who has ever been
investigated by any law enforcement or government agency for the
Affiliate's marketing or advertising practices in online or
offline business ventures. Every applicant for the Program must
make full disclosure to the Program Operator of any such
investigations, including the results of such investigations so
that the Program Operator can make an informed decision as to
whether the applicant is eligible for the Program.
Once an applicant is approved, the
applicant must also make full disclosure to the Program Operator
immediately of any such investigations that occur during the
term such approved applicant is an Affiliate. Any violation of
the provisions of this paragraph shall constitute a material
breach of this Agreement, the Affiliate's status as an Affiliate
under this Program shall terminate without notice, and the
Affiliate shall forfeit all Affiliate commissions as partial
compensation for the damages inflicted to the Program Operator
by Affiliate's breach.
Unprofessional Conduct...
The Program Operator and their
associated companies operate with the strictest codes of
professional conduct. Any Affiliate who brings the Program
Operator or their employees, partners, or associates into
disrepute, or who promotes any form of slander, racism, or
unfair business practices, will have their Affiliate status
canceled and any outstanding commissions will be forfeited.
The Program Operator reserves the
right to reject any Affiliate application if, in the Program
Operator's opinion, that person or entity violates established
laws or commonly held standards of decency. For example, the
Program Operator will reject applications from any person or
company that promotes any form of violence, illegal activities,
or from applicants who the Program Operator prefers not to be
associated with.
Affiliate Status Disclosure...
In your communications with the public
and third parties concerning your relationship with the Program
Operator, you must clearly disclose that you are an Affiliate in
a manner consistent with the U.S. Federal Trade Commission’s
material connections disclosure requirements per 16 C.F.R. §
255.0 et seq. You shall not misrepresent or imply that the
relationship is a partnership, joint venture, endorsement of
your business, or the like.
Keywords and Promotion...
Without express prior written approval
from the Program Operator, no Affiliate shall register, own,
lease, or otherwise use a domain name that includes key words or
key phrases consisting in whole or in part of the Program
Operator's trademarks, service marks, and/or words contained in
the Program Operator's domain name http://trafficdone4u.com.
Without express prior written approval from the Program
Operator, no Affiliate shall use any of these words either in a
pay-per-click (PPC) or cost-per-action (CPA) campaign. Any
violation of the provisions of this paragraph shall constitute a
material breach of this Agreement, the Affiliate's status as an
Affiliate under this Program shall terminate without notice, and
the Affiliate shall forfeit all Affiliate commissions as partial
compensation for the damages inflicted to the Program Operator
by Affiliate's breach.
Negative Promotional
Content...
Affiliates shall not use negative
content to promote products or services sold by the Program
Operator. This includes, but is not limited to, use of reviews
or ads that refer to Program Operator products or services as a
"scam," "fraud," "bogus," "fake," "sucks," or synonyms or
phrases that convey the same meaning. The Program Operator is
aware that this marketing tactic may generate leads for an
Affiliate but it does so at the expense of the Program
Operator's good name. Any violation of the provisions of this
paragraph shall constitute a material breach of this Agreement,
the Affiliate's status as an Affiliate under this Program shall
terminate without notice, and the Affiliate shall forfeit all
Affiliate commissions as partial compensation for the damages
inflicted to the Program Operator by Affiliate's breach.
Monetary Incentives
Prohibited...
Affiliates shall not use cash rebates
or other monetary incentives to promote products or services
sold by the Program Operator. This includes, but is not limited
to, offering to rebate a portion of the purchase price to anyone
who purchases via the Affiliate's link for the Program. Such
monetary compensation devalues the Program at the expense of the
Program Operator. Any violation of the provisions of this
paragraph shall constitute a material breach of this Agreement,
the Affiliate's status as an Affiliate under this Program shall
terminate without notice, and the Affiliate shall forfeit all
Affiliate commissions as partial compensation for the damages
inflicted to the Program Operator by Affiliate's breach.
However, nothing in this paragraph shall prevent an Affiliate
from providing non-monetary bonuses to purchasers as an
inducement to purchase through the Affiliate's link provided
that such bonuses are otherwise permitted by law.
Affiliate Sales and
Tracking...
After signing up for the Affiliate
program, you will receive a unique Affiliate URL ("Affiliate
Link") which you will use to advertise the Website. When someone
clicks through this URL, a cookie will be set in their browser
with your Affiliate ID and their IP address may also be logged
with your Affiliate ID. During that visit to the Website or any
later visit, when a purchase is made the commission will be
given based on the existence of the cookie.
In order to receive proper credit for
sales, a person or entity must purchase through your unique
Affiliate URL. Masking or cloaking of the links (whether done by
software or by a script, and sometimes referred to as "Affiliate
link cloaking") may or may not work with parts of the Website
and this Affiliate program. The Program Operator allows masking
or cloaking but you must provide a repeatable process for our
verification of the cloaked link, otherwise the use of the
masked or cloaked link is disallowed.
Term and Termination...
This Agreement will begin upon your
sign-up with the Affiliate program and will end when either you
or the Program Operator terminates your Affiliate status, or if
your account is inactive in any continuous twelve (12) month
period. An Affiliate may terminate this Agreement at any time,
and for any reason, by writing to - or emailing - the Program
Operator at the email address listed on the Website. The
Affiliate may not assign or transfer this Agreement, or any
rights conveyed in this Agreement, to any third party
whatsoever.
The Program Operator may also
terminate this Agreement at any time, and for any reason, by
writing to Affiliate at the email address listed in the
Affiliate's Profile, with 30 days notice. The Program Operator
may transfer this Agreement to any party whatsoever, at any
time, and this Agreement shall remain in full force and effect,
without notice to Affiliate. However, if this Agreement should
terminate for cause due to violation of this Agreement or the
Website's other terms, conditions, and policies, this Agreement
shall terminate immediately and Affiliate shall forfeit all
right to any commissions then due.
Rights To Modify Agreement...
The Program Operator, and its
associated companies may, in good faith, modify any of this
Agreement and/or the Website's other terms, conditions, and
policies (including the Affiliate Commission Schedule), at any
time and at its sole discretion, by posting a change notice or a
new Agreement on the Website. These changes will come into force
immediately upon posting. The Affiliate's continued
participation in the Affiliate program following the said
posting of a change notice or new Agreement shall constitute
binding acceptance by the Affiliate of the change.
If any modification to this Agreement
is not acceptable to the Affiliate, the Affiliate's only
recourse is to terminate this Agreement. Upon termination of
this Agreement, the former Affiliate must remove all Affiliate
links and graphics from its website, and refrain from publishing
same in any manner whatsoever.
No Misuse...
It is understood that any individual
that uses the Program Operator's system shall not use it in
connection with obscene, defamatory, slanderous, hateful,
illegal or politically disruptive material, the definition of
which shall be at the sole discretion of the Program Operator.
It is also understood that Affiliates shall not try to cheat the
system in an effort to increase their payments due. If such
misuse is detected, the Affiliate will be immediately terminated
as an Affiliate and any sums payable as and for commissions will
be withheld. All Affiliates further agree to refrain from
engaging in any hostile activity toward the system. Any
individual that engages in such hostile activity, such as
hacking, shall be held liable for any loss sustained by the
Program Operator, or its associates due to such action.
As-Is Only...
There is no warranty or guarantee of
any kind with respect to the Program Operator's system as far as
reliability, stability, quality or dependability. This means
that the Program Operator, or its associates is not responsible
for any loss or damage incurred directly or indirectly due to
the use of the Program Operator's Website, products, services,
or any other facet of the system. This shall include, but is not
limited to, any system malfunction, period of being inoperative
or unavailable, loss of data, discontinuation of service, or
other inconveniences.
Fees
Affiliates shall be charged NO FEE by
the Program Operator for setting up an account to join Affiliate
programs or to join any program.
Electronic Communications and
Email...
The Program Operator requires your
primary email address be listed in your Affiliate Profile.
Affiliates will not be able to use the Website or participate in
the Affiliate program until their email addresses are verified.
Those who fail to verify their email address or use an email
address that generates an error response consistently (e.g.,
"User is over quota" or "Mailbox full") will forfeit any
commissions due and this contract will be terminated
immediately.
You may not use an email address with
an auto responder as your Affiliate email address. When you
visit the Program Operator's Websites or send emails to the
Program Operator, you are communicating electronically. You
consent to receive communications from the Program Operator
electronically. The Program Operator will communicate with you
by email or by posting notices on the website. You agree that
all Agreements, notices, disclosures and other communications
that the Program Operator provides to you electronically satisfy
any legal requirement that such communications be in writing. If
you are an Affiliate, you understand that you may NOT opt out of
any emails that you receive from the Program Operator. As an
Affiliate, you must continually have a valid email account on
file with the Program Operator or the Program Operator reserves
the right to terminate your participation immediately, without
any refund of any license fees paid or payment of any commission
due.
Unauthorized Charging Or
Receipt Of Payments Through The Websites...
No Affiliate, or other person or
entity may use the Website, or the Program Operator payment
processing system, for private transactions. Any revenue
collected through the Website or through the Program Operator
payment processing system may become the sole property of the
Program Operator. Specifically, Affiliates may not link to the
Website for processing of products or services that are not
wholly sponsored by the Program Operator and authorized by the
Program Operator and further, may not link to the Website for
processing of any products beyond what the Program Operator has
identified as salable products for the Website and specific
Affiliate sales.
Should any Affiliate of the Program
Operator or other person or entity construct links that process
orders through the Program Operator payment processing system,
the act will be considered an attack of computing resources with
intent to damage the Website and therefore treated as a serious
computer crime. Violators will be prosecuted to the fullest
extent of the law.
Charging Or Receiving Any
Payment For Assisting Other Affiliates...
The progress of any Affiliate benefits
the Program Operator in many ways. If you recruit, sponsor, or
obtain an Affiliate through the Websites, by any means, You
should always be willing to assist such Affiliate at no charge
if you are overriding such Affiliate in a multi-tier payment
system. If you are unwilling to assist such Affiliates without
charge, your Affiliate status with the Program Operator will be
terminated immediately and any commissions due will be withheld
permanently as partial compensation for managing the associated
and impacted Affiliates.
Affiliate Identification
Numbers...
You will be provided an Affiliate
identification number. Your Affiliate ID number may be numeric
and/or CaSe sEnSitIvE. For example, the code 'learn_more' is
different from 'Learn_More'. You are responsible for maintaining
the secrecy and security of your Affiliate ID number and
password. You agree to hold the Program Operator harmless in the
event that any such information is shared by you with any other
person or entity whatsoever.
No Predatory Advertising...
All Affiliates in the Affiliate
program agree to refrain from any type of predatory advertising
practices, the definition of which shall be at the sole
discretion of the Program Operator, and shall include, but not
be limited to, dynamically replacing the Affiliate ID of one
Affiliate with that of another with the effect of "stealing" the
commission away from the Affiliate that earned it, whether this
be intentional or not. Affiliates may not adjust any of the
supplied Affiliate links to reset cookies or bypass other
safeguards in the system. Affiliates understand that engaging in
such practices is grounds for immediate termination and
forfeiture of any earned commissions.
Liability...
The Program Operator will not be
liable for indirect or accidental damages (loss of revenue,
commissions) due to Affiliate system sale tracking failures,
commission processing system failures, losses of database files
or backups thereof, attacks on computing resources, computer
viruses, the continued viability of their products, any results
of "intents of harm" to the program, or acts of God or Nature.
The Program Operator makes no claim that the operation of the
Websites or that the Program Operator network will be error-free
nor will the Program Operator be held liable for any
interruptions or errors.
Miscellaneous Provisions...
a) If any part of this Agreement or
the Website's terms, conditions, and other policies is declared
void, this Agreement and such terms, conditions, and other
policies shall, to the maximum practicable extent, be construed
without reference to that part. No term or provision of the
Affiliate Agreement shall be waived unless in writing and signed
by the party waiving the provision, and any waiver shall apply
only to the specific event or situation which it describes and
shall not be continuing. No Affiliate may assign, transfer, or
sublicense this Agreement without the Program Operator's prior
written consent.
b) All legal or other fees incurred in
collecting returned checks or declined credit cards or any other
lack of payment related to a sale made by an Affiliate will be
payable by the Affiliate. Any sums not collected from the
Affiliate or Affiliate's customer are not commissionable, and
any fees incurred during processing or handling of sales made by
the Affiliate will be deducted in whole from any commissions due
to the Affiliate. If a commission has been improperly paid to
the Affiliate on a sale that is not commissionable to the
Affiliate because the sale was improper, a refund to the
customer has been issued, or for any other reason, the
commission amount paid will be deducted from any other
commissions due to the Affiliate. Further, in the event that the
commissions due the Affiliate are insufficient to cover any sums
owed by the Affiliate per this paragraph, the Affiliate agrees
to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR THE
LIMITATIONS WITHIN THE AFFILIATE AGREEMENT AND WEBSITE TERMS,
CONDITIONS, AND OTHER POLICIES INCORPORATED BY REFERENCE ARE
HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR
DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT
EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE
PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
d) To the extent you have in any
manner violated or threatened to violate the Program Operator's
intellectual property rights, the Program Operator may seek
injunctive or other appropriate relief in any court located in
Manhattan, NY, United States, and you consent to exclusive
jurisdiction and venue in such courts. Use of the Program
Operator’s Website is unauthorized in any jurisdiction that does
not give effect to all provisions of the Website's terms,
conditions, and other policies including without limitation this
paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and the
Program Operator as a result of this Agreement or use of the
Website, products, and/or services. The Program Operator's
performance of this Agreement is subject to existing laws and
legal process, and nothing contained in this Agreement is in
derogation of the Program Operator's right to comply with
governmental, court and law enforcement determined to be invalid
or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect.
e) This Agreement shall be governed
and construed in accordance with the laws of NY, United States
applicable to agreements made and to be performed in NY, United
States.
The Program Operator expressly
reserves the right to bring an action for injunctive relief,
damages, and other remedies against you for intellectual
property infringement in any court of competent jurisdiction.
For all other disputes between the
parties, you and the Program Operator agree that any legal
action or proceeding between the Program Operator and you for
any purpose concerning this Agreement or the parties'
obligations hereunder, will first attempt to be resolved with
the help of a mutually agreed-upon online mediator. Any costs
and fees (other than attorney fees) associated with the
mediation will be shared equally by each party.
f) If it proves impossible to arrive
at a mutually satisfactory solution through online mediation,
you and the Program Operator agree to submit the dispute to
binding arbitration at the following location: for legal actions
or proceedings between the Program Operator and you, in
Manhattan, NY, United States, under the commercial 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.
In no case shall you have the right to
go to court or have a jury trial. You will not have the right to
engage in pre-trial discovery except as provided in the rules.
You will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim
subject to arbitration. The arbitrator's decision will be final
and binding with limited rights of appeal.
g) Any cause of action or claim you
may have with respect to the Program Operator, the Affiliate
Program, the Website, the products, the services, or the
eBook(s), must be commenced within ninety (90) days after the
claim or cause of action arises or such claim or cause of action
is barred.
h)The Program Operator's failure to
insist upon or enforce strict performance of any provision of
this Agreement
shall not be construed as a waiver of
any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement.
i) Use of headings in this document is
for convenience only and does not identify legal boundaries or
terms explicitly.
j) The Program Operator may assign or
transfer its rights and duties that it may have to any person or
entity whatsoever without notice to you. Nothing herein shall
alter or encumber the right of the Program Operator to transfer
any such rights or responsibilities. Any transfer by the Program
Operator shall cause this Agreement, and any other Agreement
then in effect (as well as any other contract between you and
the transferring party) to transfer simultaneously, all without
permission.
k) Should this Affiliate program be
deemed illegal in any jurisdiction, the Program Operator has the
right to immediately terminate this program without recourse.
l) If a jurisdiction other than NY
requires the Program Operator to collect sales taxes, use taxes,
other taxes or fees, the Program Operator has the right to
immediately terminate this program in such jurisdiction without
recourse.
m) If the payment processors utilized
by the Program Operator determine that sales made through
Affiliates cannot be processed through the payment processor,
then the Program Operator has the right to immediately terminate
this Program, without recourse.
n) Nothing herein is intended to imply
that the Program Operator will always offer any Affiliate
program, or this Affiliate program, for all products, services,
and/or opportunities sold by the Program Operator on the
Websites or that the Program Operator will offer any Affiliate
program whatsoever.
Any rights not expressly granted
herein are reserved. This is the entire Agreement between the
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