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This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation in the
Seller Sourcebook Affiliate Program (the "Program"). As used in
this Agreement, "we" refers to the Seller Sourcebook and "you"
refers to the applicant. "Site" refers to all pages contained at
http://www.sellersourcebook.com.
Applying to Our Program
To begin the application process, submit a completed
application that is provided on our site. We will review your application and
will notify you of your acceptance or rejection within 48 hours.
Please understand we may reject your application if we determine
that your site, newsletter or ezine is unsuitable for our Program.
Unsuitable sites, newsletters or ezines are those that include or
promote: violence, discrimination, sexually explicit materials
and/or illegal activities. Any sites, newsletters or ezines that include the
term "Seller Sourcebook" and/or variations or misspellings
thereof in their domain name, newsletter name, ezine name, title, tagline or in any
other way violate our intellectual property rights will be
automatically rejected.
Please note that if we accept your application and your site
is thereafter determined (at our sole discretion) to be
unsuitable for the Program, we may terminate this Agreement.
Linking to Our Site
Upon notification that you have been accepted into our Program
you will be granted access to our Team Member area. We will provide
you with guidelines, graphical images and promotional text to use
in linking to our site. In order to accurately track commission accrual
we will provide you with
custom links which contain your affiliate ID which are to be used in all links between
your site, newsletter or ezine and our site. You must ensure that each of the links
between your site and our site properly utilizes the custom link provided to you.
You will earn
commissions only with respect to activity on our site
occurring directly through your custom link; we will not be liable
to you with respect to any failure by you to use the custom link,
including to the extent that such failure may result in any
reduction of amounts that would otherwise be paid to you
pursuant to this Agreement.
Subscription Processing
We will process subscriptions placed by customers who follow
your custom link to our site. We will track subscriptions ordered
by using your custom link and will make available to you
reports summarizing the initial subscription transaction.
Limitations
You may not purchase subscriptions during sessions initiated through
the links on your site for your own use, for resale or
commercial use of any kind. This includes subscriptions for customers
or on behalf of customers or subscriptions to be used by
you in any manner.
Such subscriptions may result (in our sole discretion) in the
withholding of commission or the termination of this
Agreement.
In addition, you may not: (a) read, intercept, record,
redirect, interpret, or fill in the contents of any electronic
form or other materials submitted to us by any person or entity;
(b) in any way modify, redirect, suppress, or substitute the
operation of any button, link, or other interactive feature of
our site; (c) take any action that could
reasonably cause any customer confusion as to our relationship
with you, or as to the site on which any functions or
transactions (e.g., search, order, browse, and so on) are
occurring; or (d) post or serve any advertisements or
promotional content around or in conjunction with the display of
our site (e.g., through any "framing" technique or technology or
pop-up windows), or assist, authorize, or encourage any third
party to take any such action.
If we determine, in our sole
discretion, that you have engaged in any of the foregoing
activities, we may (without limiting any other rights or
remedies available to us) withhold any commissions otherwise
payable to you under this Agreement and/or terminate this
Agreement.
Commission Earnings & Payment Schedule
You will earn a commission which is based on the initial
gross revenue (ie: the first months payment) of each
subscription that is purchased thru your custom link.
We will pay you your commission monthly based upon the
subscriptions you generated the previous month. For example in
January you will be paid commission on all subscriptions
purchased through your custom link for the month of December.
We do not have a minimum threshold you must reach in order
to recieve your commission for the month.
All commission payments are made via PayPal. We are not responsible
for any fees you may incur from the PayPal service. Your address must
be verified by PayPal in order to recieve your commission payment.
In determining your commissions, we will deduct the
corresponding commission from your next monthly payment if a
subscription that generated the commission is cancelled and
refunded to the customer during the first 31 days or any credit card
chargebacks that may occur during any period of time.
If there is no subsequent payment, we will send you a
bill for the referral fee.
Identifying Yourself as an Affiliate
We will make available to you a variety of graphic images,
links and promotional text that you may use on your site, newsletter
or ezine. You may not alter our graphic images in any fashion other than
resizing the width and height to meet your specific promotional needs.
If you desire a custom graphic please contact us.
We grant you a nonexclusive, revocable right to use the graphic
images and text we provide solely for the purpose of identifying your
site, newsletter or ezine as a Program participant and to
assist in generating subscription sales.
We reserve all of our rights in the graphic image and text, any
other images, our trade names and trademarks, and all other
intellectual property rights.
You may not in any manner misrepresent or embellish the
relationship between us and you, or express or imply any
relationship or affiliation between us and you or any other
person or entity except as expressly permitted by this Agreement. This
includes expressing or implying that Seller Sourcebook supports,
sponsors, endorses, or contributes money to any charity or other
cause.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of
your application and will end when terminated by either
party. Either you or we 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, you will immediately cease use of, and remove
from your site, all links to our site, and all Seller Sourcebook materials
provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are eligible to earn commission
only on our sales of subscriptions that occur during
the term, and commissions earned through the date of
termination will remain payable only if the related subscriptions are
not cancelled during the first 31 days.
Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a
new agreement on our site. Modifications may
include, for example, changes to commission fee schedules, payment procedures, and Program
rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE
NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
Relationship of Parties
You and we are independent business entities, 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 anything in this Section.
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 referral fees paid or
payable to you under this Agreement.
Disclaimers
We make no expressed or implied warranties or representations with
respect to the Program or any subscriptions sold through the Program
(including, without limitation, warranties of fitness,
merchantability, noninfringement, or any implied warranties
arising out of a course of performance, dealing, or trade
usage). In addition, we make no representation that the
operation of our site will be uninterrupted or error-free, and
we will not be liable for the consequences of any interruptions
or errors.
BY COMPLETING THE AFFILIATE APPLICATION YOU ARE ACKNOWLEDGING THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY
TIME (DIRECTLY OR INDIRECTLY) 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 YOUR WEB
SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
Right to Arbitration
Any dispute relating in any way to this Agreement (including any
actual or alleged breach hereof), any transactions or activities
under this Agreement or your relationship with us or any of our
affiliates shall be submitted to confidential arbitration in
Contra Costa County in California, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property
rights, we may seek injunctive or other appropriate relief in
any court in the United States (and you consent to
non-exclusive jurisdiction and venue in such courts) or any
other court of competent jurisdiction. Arbitration under this
agreement shall be conducted under the rules then prevailing of
the United States judicial system. The arbitrator's
award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
Miscellaneous
This Agreement will be governed by the laws of the United
States.
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 be enforceable against the parties and their
respective successors and assigns. 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.
