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Affiliate Agreement for
www.foundsecrets.com
This agreement describes the
entire terms and conditions for participation in the Found Secrets 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 Found Secrets.
Affiliate Site
A unique URL will be created for you when you join as an affiliate to any of our programs.
Commissions
You will receive
50%, (unless a lesser or greater amount has been specifically agreed upon in writing, by both the affiliate in question and Found Secrets, in the event of special promotions or circumstances), of the revenue as a commission from orders placed through your
Affiliate link less the service charges incurred via the specific merchant account, i.e. PayPal, AlertPay, etc. in their
agreement. For a
sale to generate a commission 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 which are made through qualified Affiliate
links. We reserve the right to hold commissions until any specific guarantee periods' end.
Payment
We will send a
check, or a PayPal credit, for the applicable commissions upon the termination of the guarantee period as mentioned in the paragraph preceding. If any
order that generated a referral fee is returned by the customer, or if
there are any returned checks or charge-backs, that were returned outside of the guarantee period, regardless the circumstance, the amount will be deducted
by ClickBank from the next payment.
Order Fulfilment
Found Secrets
and/or its assigns, will be solely responsible for processing every order placed by a customer
on the Affiliate Site.
Customers
Customers who purchase
products and services through the Affiliate Program will be deemed to be
customers of Found Secrets.
Accordingly, all Found Secrets
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.
Found Secrets
policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have
an active Affiliate link in order to qualify for commissions.
Qualifying Sites
Found Secrets reserves the
right not to accept any site into the Affiliate Program based on site
content.
The following Sites Do Not Qualify for the Found Secrets Affiliate Program
include sites which (list may not be inclusive, as we reserve the right to determine appropriateness on an individual basis):
- promote sexually explicit
materials
- promote violence
- promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation,
or age
- promote illegal activities
- violate intellectual property
rights
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Unsolicited Commercial E-mail or SPAM
Found Secrets
in no way participates in mass unsolicited emailing (i.e. spamming), and
all Affiliates are expected to adhere to this policy as well. Violation
of this policy will result in the termination of this contract and
immediate dismissal from the
Found Secrets Affiliate Program,
with no refund. Bottom line: If you spam you?re out!
Relationship of Parties
You and we 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 this statement.
Limitation of Liability
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
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
you 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 Affiliate Program. In
addition, we make no representation that the operation of our site or the
Affiliate links will be uninterrupted or error-free, and we will not be
liable for the consequences of any interruptions or errors.
Any disputes between the parties to this agreement which involves
interpretations of the terms of this agreement shall be submitted to
arbitration under the rules of the American Arbitration Association, and
the finding of the Arbitrator shall be binding on all parties. 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. 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.
By joining any of Found Secrets' Affiliate programs, you acknowledge that you have read this
agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement. |
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