AFFILIATE AGREEMENT
This agreement
describes the entire terms and conditions
for participation in the CBAManager.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 CBAManager.com
Affiliate Site
ClickBank will
create a unique URL for you when you submit
a complete Affiliate Enrollment Form.
Commissions
You will receive 55%
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
CBAManager.com 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 CBAManager.com. 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. CBAManager.com
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
CBAManager.com
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
CBAManager.com 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 CBAManager.com
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 CBAManager.com 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 CBAManager.com Site, and
all CBAManager.com trademarks and logos,
other CBAManager.com 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: San Diego. 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: San
Diego, 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.