You Are Applying To Be An Affiliate
1. Affiliate will enter data into fields on Owner's web site required to locate, pay, contact, and report taxes due Affiliate. Affiliate will complete an IRS W-9 form and promptly furnish any other required tax reporting information. Owner is not responsible for withholding taxes from commissions paid to Affiliate.
2. While Owner has made every effort to represent its commission structure and earning potential accurately, Owner offers no guarantee that Affiliate will earn any money whatsoever by participating in Owner's affiliate program. Parties agree that Owner is not engaged in the provision of financial or legal advice to Affiliate. Opinions of potential earnings offered by Owner do not represent a guarantee of income to Affiliate.
3. Affiliate will receive commissions as set forth in the commission page of this web site for each sale referred through Affiliate's web site(s) and tracked using Owner's Affiliate software. Commissions will be remitted to Affiliate via Paypal or other electronic payment format within 60 days of the end of the month of sale. If Commissions are less than $100, remittances will be held until the amount due from Owner to Affiliate is $100 or more. No commissions are due on sales for which the customer receives a refund, or on sales that may be attributed to spam or credit card fraud. Commissions as reported to Affiliate by Owner are considered by both parties to be an accurate and final tally. This agreement may be terminated by Owner upon 30 days notice to Affiliate, and upon termination, all commissions earned by Affiliate in the prior 30 days shall be promptly paid by Owner, such payment being complete and final discharge of any and all claims by Affiliate under this agreement.
4. Owner reserves the right to remove any Affiliate from the affiliate program for any reason or no reason. Affiliate undertakes to remain in good standing with the Federal Trade Commission (FTC) and abide by all relevant FTC rules and US government laws including the Can-Spam Act. Any actions by Affiliate deemed inappropriate by Owner will result in the removal of Affiliate from affiliate program and the forfeiture of all commissions. Affiliate hereby warrants that Affiliate's web site(s) do not contain any unlawful, sexually explicit, or discriminatory material; that Affiliate is over the age of 18 years old; and that Affiliate will not use any of Owner's intellectual property such as copy or images other than that provided by Owner to Affiliate for the purpose of promotion; that Affiliate never sends unsolicited email (spam) to any party for any reason; that Affiliate does not employ the services of any company that sends unsolicited emails for others; that Affiliate will not seek to register domain names, keywords, search terms, trademarks, brands, or other intellectual property related to Owner, or variations thereof; that Affiliate will not assign any right under this agreement to a third party, and that all personal information collected by Owner from customers is the sole property of Owner. Affiliates will not post their affiliate link on web sites not owned by Affiliate except for social networking sites or advertisements. Nothing in this agreement, or in the Terms of Service on Owner's web site, shall be construed to create a joint venture, agency, partnership, or employment, or similar relationship between the parties.
5. Affiliate hereby agrees to treat as confidential, and not share with any third party, information proprietary to Owner, such as passwords, sales figures, customer names, other affiliate names, presentation materials and content, financial information, technical data, software code, contract terms, and to abide by Owner's copyright statement. Affiliate is not bound by this provision with respect to any portion of Owner's information that is public domain, or if Affiliate is required by law, or regulatory action of a government agency, to do so.
6. Owner is not responsible for any failure to perform due to technical problems, acts of God, acts of others including other affiliates, or other events outside of Owner's control. Affiliate hereby indemnifies and holds harmless Owner, and Owner's successors, subsidiaries, affiliates, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to Owner, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever ("Loss") which may in any way arise.
7. This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to contracts made and fully performed therein, and the state and federal courts located in Sonoma County, California, shall have exclusive jurisdiction of all suits and proceedings arising out of or in connection with this agreement. Both parties hereby submit to the jurisdiction of said courts for purposes of any such suit or proceeding, and waive any claim that any such forum is an inconvenient forum. Any notices to either party under this Agreement shall be in writing and delivered by hand or sent by nationally recognized messenger service, or by registered or certified mail, return receipt requested, to the address set forth above or to such other address as that party may hereafter designate by notice.
8. This agreement constitutes the entire agreement of the parties, and any prior agreement, understanding, and representations are terminated and cancelled in their entirety and are of no further effect. No amendment, change, or modification of the agreement is valid unless made by Owner.