Terms and Conditions...
(the boring legal stuff)
This Agreement contains the complete terms
and conditions which you (the "Affiliate") agree to be bound
by as a participant in Internet Publications.net ("Internet
Publications ") affiliate program (the "Program") and which
shall apply once your application to participate in the Program
has been accepted by Internet Publications.
Please note that a brief summary of relevant
information can be found on this page: http://www.internet-publications.net/affiliates/
ARTICLE 1. INTRODUCTION
1.01
Internet Publications is the sole and exclusive owner
of all right, title and interest including all intellectual
property rights in and to the contents, logos, style, design,
look and feel, tradenames, trademarks to a the literary works
contained on this site , including all e-books and articles,
banners, buttons etc. and including and all future versions
thereof.
1.02
Internet Publications intends to sell and distribute the
Product electronically using, in part, third party affiliates
who will establish links to Internet Publications Web site
(s) where the Product will be offered for sale.
1.03
If, in the future, Internet Publications sells and distributes
any other goods or services through the Internet, it shall
offer to its affiliates at that time the opportunity to become
vendor-affiliates of such goods or services. Such goods or
services shall be included in the defined term "Product" and
this Agreement shall then also apply to such goods or services.
ARTICLE 2. PARTICIPATION & REPRESENTATION
2.01
Internet Publications hereby grants to the Affiliate the non-exclusive
and revocable right to market and advertise the Product and
to establish links to Internet Publicationss Web site
(s), including www.musclebuildingnutrition.com
, www.aboutsupplements.com and others within the
ownership of Internet Publications. the whole in accordance
with this Agreement.
2.02
The Affiliate shall diligently and continuously market and
advertise the Product through the Internet and shall develop,
operate and maintain links from its site to Internet Publications
site (s) at its sole cost and expense.
2.03
The Affiliate represents and warrants to Internet Publications
that this Agreement has been duly and validly executed and
constitutes and shall continue to constitute a legal obligation,
enforceable in accordance with its terms.
ARTICLE 3. AFFILIATE SALES COMMISSIONS
3.01
If, as a result of a direct advertising effort of the Affiliate,
a referred customer of the Affiliate or of a member of the
Affiliate's team (as defined) orders and pays for the Product
or other goods or services sold by Internet Publications in
the future, Internet Publications shall pay the Affiliate
a sales commission determined in accordance with the Affiliate
Compensation Schedule which follows this Agreement and which
forms an integral part of it. The commission is based upon
the paid selling price of the purchased goods or services.
We do not rake back commissions on refunds at this point however
we reserve the right to change this ruling in future.
3.02
An Affiliate can earn a First-Purchase Sales Commission and
a Repeat-Purchase Sales Commission. IE any products purchased
from us at a later date, will also be credited to the original
affiliate who sent the consumer to our site. Even if they
did not link to that product directly.
3.03
The Affiliate shall be responsible for all taxes and other
similar levies applicable to the Sales Commission pursuant
to any law or regulation. The Affiliate should report the
Sales Commission to its taxation authorities as required by
law.
3.04
Internet Publications shall post and maintain, on a current
basis, a designated password-protected Web page for each Affiliate
showing the Affiliate's participation in the Program including
number of potential customers referred by it and live online
stats of the Sales Commission owing to it. Internet Publications
shall, within the first week of each calendar month, paypal
or otherwise transmit the Sales Commission representing the
amount payable for the sales completed in the previous month.
The method of payment is up to the affiliates own choice.
When your current commission balance is $40.00
or more, we will pay you in the 1st week of the month for
your previous month's sale(s).
ARTICLE 4. AFFILIATE SITES AND PROMOTION
METHODS
4.01
The Affiliate shall be solely responsible for all materials
that appear on its site. It shall strictly adhere to all applicable
laws and regulations in conducting its business and more specifically
in marketing and advertising the Product. Without restricting
the generality of the foregoing, the Affiliate shall not send
unsolicited e-mail and shall not send e-mail or any other
communication to a recipient if the recipient has requested
that it discontinue such communication, nor shall it send
or display on its Web site any material that may be considered
to be harassing, libelous, defamatory, legally obscene or
pornographic, threatening, abusive or hateful.
4.02
Internet Publications shall have the right, but not the obligation,
to pre-approve the graphics and logos used on any Web site
which is linked to its site.
4.03
Internet Publications shall have the right to monitor the
Affiliate's Web site at any time and from time to time to
determine if it is in compliance with the terms and conditions
on this Agreement.
4.04
The Affiliate agrees not to use any predatory advertising
methods designed to generate traffic from sites that they
have not contracted with in the online promotion of Internet
Publications products, services or affiliate program. Predatory
advertising is defined as any method that creates or overlays
links or banners on web sites, spawns browser windows, or
any method invented to generate traffic from a web site without
that web site owner's, knowledge, permission, and participation.
Examples include, but are not limited to, keyword parsing
browser plugins such as TopText and Surf+, banner replacement
technology such as Gator, browser spawning technology that
is not web site dependent. Participation in predatory advertising
programs will be cause for the affiliate's immediate termination.
ARTICLE 5. ORDER PROCESSING
5.01
Internet Publications shall establish the procedures
of selling the Product including, without limitation, the
placement of orders, pricing, payment terms, processing, delivery,
returns etc. Without restricting the generality of the foregoing,
Internet Publications shall have the right to cancel, suspend
or delay any order for the Product, including the right to
discontinue to sell the Product at any time.
ARTICLE 6. LICENSES AND GOODWILL PRESERVATION
6.01
Internet Publications shall have the right, but not the obligation,
to approve, in its sole and absolute discretion and with due
regard to the protection and preservation of the goodwill
of the Product any promotional, advertising or marketing item
used by the Affiliate. The Affiliate shall make all deletions
and modifications suggested by SiteSell on any site where
the Product is mentioned.
6.02
The Affiliate shall acknowledge and clearly identify and respect
that all proprietary information, trademarks, copyrights and
all other similar rights in and arising out of the Product
are, and shall continue to be, the exclusive property of Internet
Publications. In the event the Affiliate learns of any claim
or allegation that the Product infringes upon or violates
any intellectual property or proprietary rights of a third
party, or contains any unlawful, libelous, or untrue statement,
it shall immediately notify Internet Publications so as to
enable Internet Publications to defend, settle or otherwise
resolve the claim or allegation in a manner that Internet
Publications deems appropriate in its sole discretion.
6.03
Customers who purchase the Product through the Program shall
be deemed to be customers of Internet Publications, and the
Affiliate shall refer all Product-related questions, requests
or queries to Internet Publications. Internet Publications
shall have the right to utilize the Affiliate's name and logo
to advertise, market, promote and publicize in any manner
the Product.
6.04
The Affiliate shall not make or give to a customer or a potential
customer any warranty, representation or other statement concerning
the Product without first obtaining the written consent of
Internet Publications.
ARTICLE 7. RELATIONSHIP OF PARTIES
7.01
While the parties shall work hand-in-hand for the benefit
of both, the parties acknowledge and agree that the Affiliate
shall, from a legal perspective, act as and shall be an independent
contractor and not an employee or agent of Internet Publications
. Nothing in this Agreement shall create a partnership, joint
venture, agency, or franchise between the parties in the legal
sense of these terms. The Affiliate shall not sign any document
in the name of or on behalf of Internet Publications nor shall
it hold itself out as being an agent of Internet Publications
or as having apparent authority to contract for or bind Internet
Publications.
ARTICLE 8. LIMITATION OF LIABILITY
8.01
In no event shall Internet Publications l be liable for special,
incidental, consequential or punitive damages, including,
without limitation, any damages resulting from loss of profits,
loss of business or loss of goodwill arising out of or in
connection with this Agreement or the Product, whether or
not such party has been advised of the possibility of such
damages. Internet Publications shall not be liable for any
damages if, for any reason whatsoever, its Web site fails
or is non-operational for any reason whatsoever.
ARTICLE 9. TERM OF THE AGREEMENT
9.01
In the event that the Affiliate breaches any of the undertakings
or obligations set forth in this Agreement and does not remedy
same within 7 days notice from Internet Publications, it shall
automatically forfeit the Sales Commission then receivable
or receivable at any time in the future. Internet Publications
shall, in addition, have the right to terminate this Agreement
and shall retain all other rights and remedies available to
it at law or in equity.
ARTICLE 10. MODIFICATION AND APPLICATION
OF AGREEMENT
10.01
Internet Publications may, in good faith, modify any of the
terms and conditions contained in this Agreement (including
the Affiliate Compensation Schedule), at any time and in its
sole discretion, by posting a change notice or a new agreement
on its Web site. Any changes to the Sales Commission rate
or terms shall only come into force 30 days following posting.
If any modification to this Agreement is not acceptable to
the Affiliate, its only recourse is to terminate this Agreement.
The Affiliates continued participation in the Program following
the said posting of a change notice or new agreement shall
constitute binding acceptance by the Affiliate of the change.
10.02
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.
10.03
The Affiliate shall not assign, transfer or convey this Agreement
or any part thereof to any other party without Internet Publications
consent which shall not be unreasonably refused.
10.04
This Agreement shall enure to the benefit of and be binding
upon the parties hereto and their respective heirs, legatees,
executors, legal representatives, successors and assigns.
10.05
This Agreement represents the entire agreement between the
parties and supersedes all prior negotiations, agreements
and understandings, if any. For greater certainty but without
restricting the aforementioned, information contained in any
of the following shall not form part of this Agreement, namely:
descriptions of the Program (including the descriptions of
Sales Commission payable to the Affiliates) on Internet Publications
Web site(s); e-mail communications from Internet Publications
or from any of its employees, officers or directors; in the
Product, or in marketing/informational documents.
ARTICLE 11. INDEPENDENT INVESTIGATION
11.01
The Affiliate acknowledges that it has reviewed this Agreement
and agrees to all its terms and conditions. The Affiliate
understands that Internet Publications may at any time solicit
customer referrals on terms that may differ from those contained
in this Agreement or operate Web sites that are similar to
or compete with the Affiliate's Web site. The Affiliate has
independently evaluated the desirability of participating
in the Program and is not relying on any representation, guarantee
or statement other than as set forth in this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.01
Any reference in this Agreement to gender includes all genders
and words importing the singular number only shall include
the plural and vice versa.
12.02
The insertion of headings and the division of this Agreement
into Articles and Sections are for convenience reference only
and are not to affect its interpretation.
12.03
Each of the parties hereto covenants and agrees that it shall
execute and deliver such additional agreements and documents
and do such acts and things as may be reasonably necessary
fully and effectually to carry out the intent and purpose
of this Agreement.
12.04
Time shall be of essence of this Agreement.
12.05
All notices, requests and other communications shall be deemed
to have been received when posted by Internet Publications
on its Web site. It shall also be deemed to have been received
on the next business day if transmitted by telecopier, e-mail
or any other form of electronic mail to the last known electronic
address of the intended recipient.
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