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This agreement describes the entire terms and conditions for participation in the Occasional WordsTM Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring Web site" refers to the Web site from which you will link to Occasional Words. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Occasional Words and the terms "order" or "orders" refer to the speeches sold on www.occasionalwords.com
You can add or remove links at any time: You may add as many links to Occasional WordsTM, or remove such links, at anytime and without prior approval from Occasional WordsTM.
Referral Fees:
Referral Fee Qualifying Products: Speeches sold by Occasional WordsTM originating from a special link or links at your sponsoring Web site qualify to earn you referral fees. The following products will be considered "qualifying sales":
- Sales that meet the following criteria:
- Speeches sold to customers who follow a special link from your sponsoring Web site to our site and submit that order by using the www.occasionalwords.com Web site.
- The following sales will not be considered qualifying courses for referral fees:
- Speeches sold through any other special link to our site other than the specific URL's that you are assigned for your sponsoring Web site.
Referral Fee Amount: You will receive a fee representing 25% of every sale.
This does not apply to any promotions Occasional WordsTM conducts from time to time wherein free speeches, poems or toasts are given away to Web site visitors.
The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee set out above.
Referral Fee Payment: Occasional Words will send a referral check for each $30.00 or more earned.
You will be able to check real time how many orders have been generated to your site and the amount of fees you are owed.
Returns and Cancellations: If an order containing speeches is charged back or returned by the customer the referral fee will not apply. If the referral fee has already been paid, an equal amount will be deducted from the next payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
Order Processing: Occasional WordsTM will be solely responsible for processing every order placed by a customer following a special link from your sponsoring Web site. Order entry will use the Occasional WordsTM secure online ordering process. Order forms, payment processing, and related customer service are the responsibility of Occasional WordsTM.
All of the rules, operating procedures and policies of Occasional WordsTM regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring Web site. Occasional Words reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales: Occasional WordsTM will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring Web site. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Sales activity tracking will be provided to the Participant in real time with a special URL that they are assigned.
Promotional Techniques: You are free to promote the link to Occasional WordsTM in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer speeches on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of Occasional WordsTM
As well, if you choose to promote Occasional WordsTM, it can only be promoted as a one-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote the Occasional WordsTM Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Occasional WordsTM.
References/Testimonials: You agree to cooperate with Occasional WordsTM in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our Web site.
Copyrighted material: As the Participant, you are solely responsible for ensuring that your promotional material abides by all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Occasional WordsTM will not be responsible if you use another party's copyrighted material in violation of the law.
Occasional Words' policy applies to all orders: Every customer who buys speeches through this program is deemed to be a customer of Occasional WordsTM. The Participant does not have the authority to make or accept any offer on behalf of Occasional WordsTM. All Occasional WordsTM policies regarding customer orders, pricing and problem resolution, will apply to these customers. Occasional WordsTM is not responsible for any representations made by the Participant which contradict our policies.
Product prices: The price charged for speeches sold under this program will be determined by Occasional WordsTM according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Occasional WordsTM Web page linked from your sponsoring Web site.
Web site service interruption: Occasional WordsTM will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Occasional WordsTM liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, Patents and Patents pending associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of our service. We grant you the right to use our Trademarks and Trade Names only in connection with marketing and sales of Occasional WordsTM speeches.
Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Occasional WordsTM and shall end when canceled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the speeches are not returned or orders charged back.
The agreement may be modified: Occasional WordsTM reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our Web site.
Cancellation of this agreement: Either Occasional WordsTM or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
Warranty Disclaimer:
Occasional WordsTM makes no warranties, representations or conditions with repect to its speeches, except as expressly set forth in Occasional Words TM then current sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages: Occasional WordsTM shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Occasional WordsTM has been advised of the possibility of such damages. Further, Occasional Words aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Occasional WordsTM to Participant under this agreement.
Miscellaneous: Participant and Occasional WordsTM are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Occasional WordsTM. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the laws of the Province of Ontario, Canada.
Contact Information: 81 Roxborough Lane, Thornhill, Ontario, Canada, L4J 4T5
Phone: 416.720.5485 Fax: (905) 881-1854
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