AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions for participation in the TweetTrafficRush.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 TweetTrafficRush.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
TweetTrafficRush.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 TweetTrafficRush.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.
TweetTrafficRush.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
TweetTrafficRush.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
TweetTrafficRush.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
TweetTrafficRush.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 TweetTrafficRush.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 TweetTrafficRush.com Site,
and all TweetTrafficRush.com trademarks and logos, other
TweetTrafficRush.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: Jaipur. 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: Jaipur, under the rules of the
Indian Laws. 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.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United
States of America has set forth new Guidelines for Endorsements and
Testimonials, demanding that all Endorsers and Testimonial Givers
divulge the nature of their compensation and affiliation with the
product company or manager.
Therefore as part of this affiliate agreement, you agree to 'Clearly
and Conspicuously' divulge how you are monetarily compensated through
your referral sales, and that you receive(d) any other compensation
from TweetTrafficRush.com, monetary or otherwise, as the case may be,
whenever you put forth any endorsement or testimonial in any media with
the purpose of endorsing our products or services with the intent to
sell them to consumers.
You further agree to use only the promotional materials that have
been sanctioned by TweetTrafficRush.com and to take full responsibility
for your own actions should you be investigated for not adhering to
the Federal Trade Commission of the United States of America has set
forth new Guidelines for Endorsements and Testimonials, and shall not
hold TweetTrafficRush.com responsible in any way for actions or use of
promottional materials not sanctioned by TweetTrafficRush.com
You further agree that you have read and understand the new
Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can
be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf)
that the Federal Trade Commission of the United States of America has
set forth and which go into effect on December 1st, 2009. And you also
hereby agree to uphold ALL of the provisions contained in that document
while endorsing or promoting products or services for
TweetTrafficRush.com.
Failure to do so may (at the sole discretion of TweetTrafficRush.com)
result in immediate termination of your affilaite account, and
forfieture of any commissions accrued.
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.