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AFFILIATE AGREEMENT
This agreement describes
the entire terms and conditions for participation in the FXStreme.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
FXStreme.com
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
FXStreme.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 FXStreme.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. FXStreme.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
FXStreme.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
FXStreme.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 FXStreme.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 FXStreme.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 FXStreme.com Site, and all FXStreme.com
trademarks and logos, other FXStreme.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:
Wilmington DE. 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: TBA, 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.