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This
agreement describes the entire terms and conditions for participation in the
LINK Tools 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 LINK Tools International (USA), Inc.
Affiliate
Site
LINK
Tools will create unique URL for you when you submit a
complete Affiliate Enrollment Form. This is the URL for your
unique Affiliate Site.
Commissions
You
will receive 15% of the product revenue as a commission from orders placed
through your Affiliate Site. For a sale to generate a commission to an
Affiliate, the customer must complete the order form from that Affiliate's
Affiliate Site and remit full payment for the service ordered and not return
the product. Commissions will only be paid on sales which are made through
qualified Affiliate Sites.
Payment
LINK
Tools will send a check for the applicable commissions within approximately 15
days after the end of each calendar month. No commissions will be due or paid
on returned product sales, invalid credit card sales, returned check sales and
sales that are charged back.
Order
Fulfillment
LINK
Tools will be solely responsible for processing every order placed by a
customer on the Affiliate Site. LINK Tools reserves the right to reject any
order that does not comply with our rules, operating procedures and
policies.
Customers
Customers
who purchase products and services through the Affiliate Program will be deemed
to be customers of LINK Tools. Accordingly, all LINK Tools 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. LINK Tools 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 site in order to qualify for commissions. Links
must be sent to webmaster@link-tools.com,
so that they can be verified and the Affiliates status
upgraded to active.
Qualifying
Sites
LINK
Tools reserves the right not to accept any site into the Affiliate Program
based on site content. Sites that Do Not Qualify for the LINK Tools 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
LINK
Tools 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 LINK Tools Affiliate Program, with no refund.
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.
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 Sites will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors.
This
Agreement will be governed by the laws of the United States and the State of
Illinois, 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 Chicago, Illinois, 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 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.
By
submitting the Affiliate Order form, 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.
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