This agreement describes the entire terms and conditions
for participation in the SuccessTriggers.com 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
Impact Info Marketing.
Affiliate Site
ClickBank will create a unique URL for you when you submit
a complete Affiliate Enrollment Form.
Commissions
You will receive 50% of the revenue as a commission from
orders placed through your Affiliate Site (unless noted
otherwise for a particular product) less the charges
outlined by ClickBank in their agreement
http://www.clickbank.com/paychecks.html . 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
that are made through qualified Affiliate links.
Payment
ClickBank will send a check for the applicable commissions
within the framework of their policies
http://www.clickbank.com/paychecks.html . If any order that
generated a referral fee is returned by the customer, or if
there are any returned checks or charge backs, the amount
will be deducted by ClickBank from the next payment due
affiliate.
Order Fulfillment
Impact Info Marketing. will be solely responsible for processing
every order placed by a customer on the Affiliate Site. You
are not authorized to sell any of these products from your
site as a "reseller" and no "resale" rights are granted
in
ANY way on these products unless otherwise noted.
Customers
Customers who purchase products and services through the
Affiliate Program will be deemed to be customers of
Impact Info Marketing. Accordingly, all 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. Impact Info Marketing policies will always
determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to
their Affiliate link in order to qualify for commissions.
Qualifying Sites
Impact Info Marketing reserves the right not to accept any site
into the Affiliate Program based on site content. Sites
that Do Not Qualify for the Affiliate Program include sites
which:
· 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
Unsolicited Commercial Email or SPAM
Impact Info Marketing 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 Success Triggers 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.
Term and Termination
The term of this Agreement will begin when you accept and
will end when terminated by either party. Either
Impact Info Marketing, Inc. or you may terminate this Agreement at any
time, with or without cause, by giving the other party
written notice of termination. Upon the termination of this
Agreement for any reason, all licenses granted hereunder
shall immediately terminate and you will immediately cease
use of, and remove from Affiliate's Web Site, all links to
the SuccessTriggers.com site, and all Impact Info Marketing
trademarks and logos, Marks and all other materials provided
in connection with this Agreement.
We may reject your application or terminate you if we
determine (in our sole discretion) that your site is
unsuitable for the Program for any reason, including,
harmful, threatening, defamatory, obscene, sexually
explicit harassing, or racially, ethically, or otherwise
objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex, religion,
nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark,
or other intellectual property rights.
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.
Disputes
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-
upon mediator in the following location: Baltimore County,
Maryland. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit
the dispute to binding arbitration at the following
location: Baltimore County, Maryland, under the 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. Mediation will be shared
equally by each of us.
Assignment
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.
Miscellaneous
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.
If any of the provisions of this Agreement are determined
by a court to be unenforceable, they shall be severed from
this Agreement, and the remaining provisions shall remain
in full force and effect.
By signing up with ClickBank, 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.