Affiliate
Agreement
This
agreement describes the entire terms and conditions for participation in the
Schneiderman & Associates, LLC 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
Schneiderman & Associates, LLC
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
Schneiderman
& Associates, LLC 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 Schneiderman & Associates, LLC. 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. Schneiderman & Associates, LLC
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
Schneiderman
& Associates, LLC 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
Schneiderman
& Associates, LLC 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 Schneiderman & Associates, LLC 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 Schneiderman & Associates, LLC 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 Schneiderman & Associates, LLC Site, and all
Schneiderman & Associates, LLC trademarks and logos, other Schneiderman
& Associates, LLC 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:
Tulsa, Oklahoma. 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: Tulsa, Oklahoma, 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.
Schneiderman
& Associates, LLC
3504 E 99 Street
Tulsa, OK 74137
866-66-EBOOK (Voice)
800-861-3227 (Fax)
info@schneiderman.net
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