Pursuant to
Canadian Federal & Ontario Provincial Laws the following is a
statement of your legal rights.
.
Affiliate Program
Agreement
This
agreement is a binding, legal contract between you, the Affiliate and
our business, the Company "Advanced Marketing Wealth Solutions
Incorporated" herein known as the "Company". The Affiliate
Program is administered
through our Company pursuant to the policies at our Company Web site,
as well as this agreement.
Commissions will
be paid by Company as outlined on our Company Web site. Company
reserves the right to change the price of Company's products and
commission percentages for products without notice. Commissions
are
based on the percentage of sale in effect at the time of sale.
Affiliate
is solely an Independent Contractor when acting as an Affiliate. No
partnership, joint venture or other legal entity is created between
Company and Affiliate.
Affiliate represents
and warrants to Company, that Affiliate has read and understands the
Company Policies that are set forth on our web site and agree to the
terms set forth therein.
Company reserves
the right to amend this agreement as needed from time to time, and
Affiliate agrees that any and all such amendments will apply to
Affiliate. The continuation of Affiliate status, promoting or marketing
the Company, Company products or services, or Affiliate's acceptance of
income, shall constitute Affiliate's acceptance of any and all
amendments. Affiliate agrees to review this agreement for any changes
or additions, monthly or at the beginning of each affiliate payout
cycle, whichever is sooner. The date of the last change or
addition to
this agreement is posted at the end of this document.
All affiliates must be 18 years of age or older. If you
are under 18 years of age you are not permitted to be an affiliate.
Affiliate
agrees to receive e-mail from our Company, including but not limited
to, sales reports, training, promotional resources, newsletters and
other correspondence.
Affiliate agrees to
only present Company, Company products and services as set forth in the
official Company Website or Company marketing materials. Affiliate will
make no claims regarding potential income, earnings, products, or
services beyond what is stated at the official Company Website.
Affiliate also agrees not to reproduce commission checks or distribute
commission checks in any form or by any means.
Affiliate
agrees not to disparage Company, Company products or services other
Company Affiliates in any manner. Affiliate understands that
disparagement may result in the immediate suspension or termination of
Affiliate account with a cancellation of any pending commissions.
SPAM PROHIBITED
Company
has zero tolerance toward any Affiliates associated with spam. The
accounts of Affiliates associated with spam are immediately terminated
as soon as the violation is verified, with a cancellation of any
pending monies or commissions owed.
Company
will immediately terminate any Affiliate account which it believes, in
its sole discretion, is transmitting or is otherwise connected with any
spam or other unsolicited bulk e-mail. Company will report spam,
along
with all the spammer's identifying information, to the Federal Trade
Commission and other agencies for civil and criminal prosecution.
For
the purpose of this agreement SPAM is defined as e-mailing ANYONE, in
bulk or by single mailing, about Company, Company products or services,
who has not specifically requested the information directly from
Affiliate. Mailings to names or lists that have been purchased,
including but not limited to so called co-reg lists, regardless of the
opt-in procedures, are not permitted. Company considers ANY type of
advertisement about Company, Company products or services, posted to a
Newsgroup or Chat Room, in violation of their posting rules, to be
spam.
Affiliate agrees to comply with all Candian Provincal
and
Federal, U.S. State and Federal spam laws, including but not
limited to the Federal CAN-SPAM Act.
Because
damages are often difficult to ascertain, if actual damages cannot be
reasonably calculated then you as Affiliate agree to pay Company
liquidated damages of $1,500 for each piece of spam or unsolicited
e-mail
transmitted from or otherwise connected with your account, or actual
damages, whichever is higher, to the extent such actual damages can be
reasonably calculated.
PAYMENTS
All
Affiliate payments will be made in U.S. dollars. If a sale is canceled
or refunded, any paid commission will be deducted from a subsequent
payment. Affiliate commissions will not be paid based upon
amounts
that are attributable to credit card fraud, credits given to customers,
bad debt right-off and returned goods. Company reserves the right
to
deduct in subsequent months, any commission paid for a product or
service that is subsequently returned or refunded, or for any reason
where the previous monthly commission was overpaid or later subject to
reduction.
Affiliate is solely responsible
for ensuring that their Affiliate Link is set up properly to have sales
tracked and recorded to qualify for commissions. Company is not
responsible for the failure to assign any sale or commissions to
Affiliate if the same results from the improper formatting of any
affiliate links.
Company will only pay
commissions on sales that are tracked through our tracking system and
indicate Affiliate as the source of the visit to Company Web site.
Affiliate has no right to commissions if a buyer later returns to the
Company site through another Affiliate link or source and makes a
purchase.
You have no right to commissions
based upon subsequent sales, or where “cookies” are
used, overwritten
or deleted even where the customer first arrived at the Company site
through your Affiliate link. Commissions will only be paid when
the
buyer makes a purchase on the same visit using your Affiliate link or
with your “cookie” indicating you as the affiliate.
NO INCOME CLAIMS ARE MADE
Company
makes no representations or warranties whatsoever, regarding potential
income that may result from participation in Company's Affiliate
Program and Company specifically disclaims any and all warranties in
regards to Affiliate's earning potential.
Affiliate agrees to provide Company with a valid contact
information upon registration before having the ability to be able to
recieve any payments.
Company
will make every reasonable effort to accurately track and pay
commissions for all sales that belong to or are credited to Affiliate.
Company is not responsible for technical problems, acts by third
parties, or other events outside our reasonable control which may
temporarily interfere with, disrupt or diminish tracking or service.
Company
shall not be held liable for any indirect, incidental, special or
consequential damages or any loss of revenue or profits arising under
or with respect to this Agreement or program, even where Company has
been advised of the possibility of such damages. Company's total
liability arising from this agreement or program shall not exceed the
total commissions paid or payable by Company.
Company
is responsible for handling all customer inquiries, fulfilling product
orders, customer billing and collection of monies.
Company
pricing of products and services is totally within Company discretion
and Company reserves the right to change the pricing structure,
terminate any special offers, discontinue products or services, or
change the terms under which products or services are offered at any
time, without any advance notice to Affiliate.
Our
only responsibility to you in this regard is to track customer orders
that occur through links from Affiliate and make reports of the
commissions due as a result thereof. All such reports shall be
un-audited.
CUSTOMER PRIVACY
To
protect customer privacy, under Company's Privacy Policy, if deemed
necessary Company reserves the right to withhold identifying customer
contact information from Affiliate. Company has no obligation to
provide Affiliate with any specific information for any customer,
regardless of whether said customer arrived at the Company Web site
through an Affiliate link.
Company reserves
all rights in or to its trademarks and servicemarks and copyrights,
although they may be used by Affiliate in accordance with this
agreement. Affiliate may in no way display a Company logo, image, or
trademark which may be distasteful, defame, or misrepresent Company in
any way.
PROHIBITED WEBSITES
Affiliate
agrees not to misrepresent Company products or services. Affiliate also
agrees not to advertise Company products or services on Web sites that
promote sexually explicit material, violence, Warez or pirated
materials, or sites that promote discrimination based on race, sex,
religion, national origin, or physical disability or sites that promote
illegal activities.
Company reserves the
right to terminate your affiliate status for any reason in our sole and
absolute discretion, including but not limited to the reasons set forth
herein.
Company makes no warranties expressed
or implied for the Affiliate Program except as outlined in this
Agreement. Affiliate program is provided As Is.
Company
and Affiliate reserve the right to terminate this agreement at any
time, without notice. If terminated, outstanding commissions shall be
paid in the next payment cycle, as long as the terms of this agreement
were not violated by the Affiliate. Payment of the final commission
payment to the Affiliate may be withheld for a reasonable time in order
to ensure that the correct amount of monies due are paid.
Affiliate
is solely and fully responsible for any and all costs and expenses
Affiliate incurs in the marketing of the Company, Company products and
services, and Affiliate agrees to hold Company harmless from same.
In
the event that any provision of this Agreement is held to be invalid or
unenforceable, said provision shall be reformed only to the extent
necessary to make it enforceable, and the balance of the Agreement will
remain in full force and effect.
The Company
location is on the Web site and as an Affiliate you agree that this
offering is made from the Company's location and shall be governed by
the laws of the State where the Company is located, in Canada and the
U.S.A..
This
Agreement shall be governed by and construed in accordance with the
laws of the Province and State the Company is located in, without
regard to its
conflict of laws rules. Any legal action arising out of this Agreement
shall be litigated and enforced under the laws of the Province and
State where the
Company is located. In addition, you agree to submit to the
jurisdiction of the courts of the Province and State where the Company
is located,
and that any legal action pursued by you shall be within the exclusive
jurisdiction of the courts of the city and state where the company is
located.
The Company obligations and
Affiliate remedies are solely and exclusively as described and limited
in this agreement and if applicable, on the Company's Web site
affiliate information. Company liability, whether based on contract,
tort, warranty, strict liability, or other legal claim, shall not
exceed the price of the individual goods, products,services or
commission owed, whose alleged defect or damage is the basis of the
claim. In no event shall Company be liable for any loss of profits,
loss of use, or other indirect, incidental, or consequential damage to
Affiliate.
Company reserves all rights not expressly granted here.
Last updated: Janurary 25th, 2009
Contact
information
Advanced
Marketing Wealth Solutions Incorporated
Business Office (289) 244-7481
22 Bankfield Crest Hamilton Stoney Creek,Ontario Canada
L8J-0B9
Copyright
© 2009 AffiliatePunisher.com,
Advanced Marketing Wealth Solutions Incorporated.
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