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AFFILIATE AGREEMENT
Each participant in the affiliate program offered by The Agency, LLC
(the “Program Operator”) at http://WackyWeekendSale.com/affiliates.php
(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 and Conditions
of Use (located on this website) herein as if it were set forth in full.
Throughout this agreement, “affiliate 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.
COMMISSIONS & REFERRAL FEES
Whenever someone orders through your affiliate link, your affiliate ID
is credited with a referral fee. When another affiliate registers as an
affiliate using your affiliate link, your account is credited as the
Sponsoring affiliate. You do not earn a referral fee for any other
affiliate's registration. The commission/referral fee amount varies from
product, service or opportunity. The rate at which your referral fee 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 50-100%.
Before any affiliate may be a sent a commission check, the affiliate
must submit to the Program Operator identification information. Such
identification information shall include, at a minimum, a copy of a
government issued, picture, identification card (for example, a drivers
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
further products, services, and opportunities, but reserves the right to
pay a different scale if necessary.
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. 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.
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 United States Patriot Act, 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.
COMMISSION SCHEDULE
Commissions are paid once per month by payment processor on the 1-31 day
of the month for sales made from the first through the last day of the
previous month, and are paid by the Program Operator.
There is a minimum commission amount of n/a. This is the minimum amount
that you must earn before you will be paid commissions. 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.
We are 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 bank draft.
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 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.
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 or
the Program Operator, you shall be liable for liquidated damages in the
amount of $10,000 as well as actual and any consequential or actual
damages that or the Program Operator may incur.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other
words, all payment processor fees are first deducted from the sums
collected from the customer. Then, all payment processor fees are
deducted. 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 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 & UNSOLICITED COMMERCIAL EMAIL (UCE)
The Program Operator does not tolerate the sending of unsolicited bulk
emails (UCE or SPAM) which promote, or make reference to the Program
Operator, or any of their associated companies or websites, Partners, or
employees, the websites, products or services. The provisions of the
Terms and Conditions pertaining to UCE or SPAM 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.
UNPROFESSIONAL CONDUCT
The Program Operator and their associated companies operate with the
strictest codes of professional conduct. Any affiliate who brings the
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, we 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 SALES & TRACKING
After signing up for the affiliate program, you will receive a unique
affiliate URL 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 Sites. 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 & 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 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 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 Terms and Conditions, 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 Terms and Conditions (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 web site, and refrain from
publishing same in any manner whatsoever.
NO MISUSE
It is understood that any individual that uses the Program Operator
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 paid 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 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 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 or discontinuation of service, 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 & 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 Program
Operator email address. When you visit the Program Operator's websites
or send emails to, 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 this site. 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 we reserve 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 SITES
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 the Program
Operator payment processing system may become the sole property of the
Program Operator . Any revenue collected through the 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 YOUR 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 to such affiliate. 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 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 Terms and Condition is declared
void, this agreement and the Terms and Conditions shall, to the maximum
practicable extent, be construed without reference to that part. No term
or provision of the 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 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. Further, in the event that the
commissions due the affiliate are insufficient to cover any sums, the
affiliate agrees to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND
CONDITIONS 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 Tulsa, OK, USA and you consent to exclusive
jurisdiction and venue in such courts. Use of the Program Operator
website is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, 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 OK, USA applicable to agreements made and to be performed in OK,
USA. You 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 of us.
f) If it proves impossible to arrive at a mutually satisfactory solution
through online mediation, we agree to submit the dispute to binding
arbitration at the following location: for legal actions or proceedings
between the Program Operator and you, in Tulsa, OK, USA 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
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. 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. the Program
Operator may assign its rights and duties under this agreement to any
party at any time without notice to you. Use of headings in this
document is for convenience only and does not identify legal boundaries
or terms explicitly.
h) The Program Operator may modify this agreement, and the agreement
this creates, at any time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement regarding all the matters
that have been discussed.
i) The Program Operator may transfer any rights or responsibility that
it may have to any person or entity whatsoever. 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.
j) Should this affiliate program be deemed illegal in any jurisdiction,
the Program Operator has the right to immediately terminate this
program, without recourse. 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.
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.
Copyright © 2008 Law
Office of Michael E. Young PLLC, and licensed for use by the owner
of this website at http://WackyWeekendSale.com All Rights Reserved. No
portion of this document may be copied or used by anyone other than the
licensee without the express written permission of the copyright owner.
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