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To begin the enrollment process, you will submit a complete DivorceBusting.com Affiliate Program application. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the DivorceBusting.com Affiliate Program. Unsuitable sites include, but are not limited to, sites that promote violence, sexually explicit material, discrimination, or any other material that is deemed inappropriate.
DivorceBusting.com will make many marketing tools available to you. You will have your choice of the following: banners, text links, or graphics. Legal issues prohibit an affiliate from stating that they are representatives of DivorceBusting or any of the branded names used in our organization. Affiliates may not state that they are part of, or work for, our organization.
We will process product orders placed by customers who follow the special links from your site to DivorceBusting.com online ordering. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. You must insure that the special links between your site and our site are properly formatted.
Only products that are sold by us (to users of your site linked to our site), and for which we have received full payment will qualify for a commission.
Subject to Section 5(b), commission rates will be 5% of the net sales amount actually paid to us by users of your site who purchased products utilizing the links between your site and our site, excluding amounts collected by us for sales taxes, duties, shipping, handling, and similar charges, amounts due to credit card fraud and bad debt, and credits for returned goods ("Net Sales").
Subject to clause (b) below, we will pay you commission fees on a quarterly basis. Approximately 45 days following the end of each quarter, we will send you a check for the commission fees earned on products that were shipped during that quarter. This policy has been instituted to give the allowable time for purchase returns. Affiliates are not paid for merchandise returns, order cancellations or refunds.
If the fees payable to you for any quarter are less than $50.00 we will hold those fees until the end of the next quarter when the total amount due is at least $50.00. If a product that generated a commission is returned by the customer, we will deduct the corresponding refund from your payment. If there is no subsequent payment, we will send you a bill for the net amount of the refund that is due us.
Customers who buy products through the DivorceBusting.com Affiliate Program will be deemed to be customers of DivorceBusting.com. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under the Affiliate Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
We grant you a non-exclusive, non-transferable, revocable right to use any and all marketing material in Section 2 and such other images which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify our marketing materials or images in any way without our permission. We reserve all of our rights for marketing materials, banners, text links and any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all the materials that appear on your site. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting product reviews, descriptions, and references on your site and linking those descriptions to our online ordering; the accuracy and propriety of materials posted on your site (including, but not limited to, all product-related materials); ensuring that materials posted on your site do not violate or infringe upon rights of any third party and are not libelous or otherwise illegal.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including without limitations, attorney's fees) relating to development, operation, maintenance, and contents of your site.
The term of this agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commission fees on sales occurring during the term, and fees earned through the date of termination will remain payable only if related product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time, and in our sole discretion. You will be notified by email and the change will be posted on our site. Modifications may include, but are not limited to, changes in available commission fees, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change or new agreement on our site will constitute binding acceptance of the change.
You and DivorceBusting.com 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 anything in this Section.
You shall not create, publish, distribute, or permit any written or non-written material that makes reference to us without first submitting such material to us and receiving our written consent.
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 Affiliate Program, even if we have been advised of the possibility of such damages.
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error free, and will not be liable for the consequences of any interruptions or errors.
You hereby agree to indemnify and hold harmless DivorceBusting.com, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributed to us.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the State of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Boulder County Colorado, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will binding on, insure to the benefit of, and enforceable against parties and their respective successors and assigns. 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 a provision or any other provision of this Agreement.
© Michele Weiner-Davis Training Corp. 1996-2006. All rights reserved.