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You
must agree with this contract to become an affiliate.
Terms:
(Agreement with Client By Design, LLC)
The
term of this Agreement will begin upon our acceptance
of your Affiliate 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. You are
only eligible to earn referral fees on sales occurring
during the term.
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 contradicts anything in this section.
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 change notice or a new agreement on this
site. Modifications may include, for example, changes
in the scope of available referral fees, 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.
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 to
this Agreement.
Miscellaneous:
This
Agreement will be governed by the laws of the United
States and the State of New York, without reference
to rules governing choice of laws. Any action relating
to this Agreement must be brought in the federal or
state courts located in New York and you irrevocably
consent to the jurisdiction of such courts. 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.
Referral
Commissions and Payment Procedures:
Our
referral program is based on a single tier system. When
we make a sale as a result of a direct referral by an
affiliate, that affiliate will receive a commission
fee of 30% of the selling price of the service or product
sold.
A
commission will only be credited to an affiliate after
the customer has made payment to Client By Design, LLC.
And after a holding period as defined by ClickBank.
If a customer later requests a refund or a charge back
is issued by the credit card holder whose credit card
was used to pay for that customer’s account, any
commissions that were credited to the affiliate will
be deducted from the next monthly payment. If there
is no monthly payment, the affiliate will be billed
and hereby agrees to be bound by the law to reimburse
Client By Design, LLC in full for any such commissions.
Payments
will be issued by Check or PayPal only, made payable
to the affiliate in the name the affiliate submits in
his or her online registration, and mailed to the mailing
address provided by the affiliate.
United
States Affiliates are required to fill out the appropriate
tax forms and provide a valid Federal Tax ID number
or Social Security number in order to receive commissions
in excess of $600. Failure to do so could result in
the delay of commission checks/payments.
Linking:
Affiliates
may link to our site using any of the methods we provide
or recommend. We do not allow SPAM (sending of unsolicited
messages) or any other method such as posting to bulletin
boards or other illegal or unauthorized advertising.
Affiliates in violation, will have their accounts terminated
with loss of all commissions due.
Tracking
of Sales:
Sales
tracking will be processed via an online affiliate management
system on behalf of Client By Design, Client By Design,
LLC will endeavor to do its best to ensure accurate
tracking of referrals made by affiliates. Affiliates
will themselves be solely responsible for ensuring that
these special URLs are formatted properly to ensure
accurate tracking of referral sales. Affiliates must
acknowledge and accept that the tracking system is not
100% perfect and that problems regarding tracking may
occur for a variety of reasons:
Failure
by the affiliate to use the proper assigned URL in promotions,
web page links, banner ads, etc
Deliberate
or accidental actions by purchasers to circumvent the
affiliate’s special URL so that our software is
unable to accurately track that sale;
Bugs, technical issues or crashes of the tracking software
that render it unable to accurately track sales for
a period of time;
Natural
disasters or acts of war that result in data loss of
commission data.
As
such, affiliates will not hold Client By Design, LLC
liable to compensate for any claimed commissions that
were not tracked and recorded by the tracking software.
Your Responsibility:
You
will be solely responsible for the development, operation,
and maintenance of your site and for all materials that
appear on your site. For example, you will be solely
responsible for:
The
technical operation of your site and all related equipment.
The accuracy and appropriateness of materials posted
on your site (including, among other things, all product
related materials).
Ensuring that materials posted on your site do not violate
or infringe upon the rights of any third party ( including,
for example, copyrights, trademarks, privacy or other
personal or proprietary rights ) Ensuring that materials
posted on your site are not libelous or otherwise illegal.
We
disclaim all liabilities for these matters. Further,
you will indemnify and us hold harmless from all claims,
damages, and expenses (including ,without limitation,
Attorney’s fees) relating to the development, operation,
maintenance, and contents of your site.
I
Agree To Your Terms and Wish To Become an Affiliate
of LEAH-Merchant.com (Client By Design, LLC)
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