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AFFILIATE AGREEMENT
This
agreement describes the entire terms and conditions for participation in
the 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 WEYD
International.
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
WEYD
International
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 WEYD
International.
Accordingly, all WEYD
International.
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. WEYD
International
policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website or emails to
their Affiliate link in order to qualify for commissions.
Qualifying Sites
WEYD
International
reserves the right not to accept any site into the Affiliate Program
based on site content. Sites that Do Not Qualify for the WEYD
International.
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
WEYD
International 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 WEYD
International 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 WEYD
International 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 WEYD
International Site, and all WEYD
International trademarks and logos,
other WEYD
International.
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: Singapore. 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: Singapore, 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.
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