| Terms of service
To be an authorized affiliate of www.52MotivationalInterviews.com,
you agree to abide by the terms and conditions contained in this
agreement.
52 Motivational Interviews Affiliate Program Terms and Conditions
This general agreement is made out to you (the affiliate) from
52 Motivational Interviews. It contains the complete terms and
agreements of the affiliate program. Please Note: \we\, \us\,
and \our\ refers to 52 Motivational Interviews and \you\, \yours\,
\your\ refers to the applicant. The term of this agreement will
begin once you are accepted into the 52 Motivational Interviews
affiliate program and will end upon notice of termination from
either you or 52 Motivational Interviews.
Rights and Restrictions
1. We reserve the right to accept or reject any affiliate we
review. All new affiliate requests will be reviewed and decided
upon within 24-48 hours. In the event that we have opted to accept
or reject your acceptance as an affiliate we will notify you by
e-mail within this 24-48 hour time frame. 52 Motivational Interviews
will exercise their own discretion during the decision making
process and may decide to decline any application we see necessary.
Cancellation
2. The affiliate account may be cancelled by 52 Motivational
Interviews at any time for any reason we feel appropriate. This
is usually the result of slander, mis-representation made to us,
spam e mail used to promote the affiliate, posting 52 Motivational
Interviews links on unapproved websites, uploading affiliate code
through the use of unapproved methods, or sites that we feel might
bring 52 Motivational Interviews disrepute, etc. An issued warning
letter in the form of e-mail, fax or letter will be sent first.
If no reparations have been made, then the affiliates account
with 52 Motivational Interviews will be terminated.
2.2 All affiliates may cancel their account with 52 Motivational
Interviews at any time and for any reason.
Access to Account Management Services
3. Immediately after your acceptance into the 52 Motivational
Interviews affiliate program you will be e mailed links, passwords
and the related information necessary to gain access to your control
panel. From here you may manage your account and set its parameters.
We suggest you keep these invaluable links in a safe place and
in a place that is easily accessible by you. If for any reason
you lose this information we will be able to re-send it to you.
Use of Graphics and Links and Limitations of Use
4. Only html code and approved linking information is to be used
for the affiliates website. Failure to do so will result in misappropriated
commissions. All of the links, graphics, and account management
information will be provided to the affiliate after their acceptance
into the program. In no way is the affiliate to use graphics or
links not approved by 52 Motivational Interviews.
4.2 Once a viewer clicks on an affiliate link and places an order
with 52 Motivational Interviews that viewer becomes the sole customer
of 52 Motivational Interviews. The affiliate will not have access
to the customers account information, contact information, and
will not be allowed communicate with customer in regards to their
order/s placed with 52 Motivational Interviews. 52 Motivational
Interviews is responsible for all customer service, fulfillment,
processing, shipping and after-order inquiries made with the customer.
4.3 This agreement does not constitute a joint venture, partnership,
franchise, or other representative business of 52 Motivational
Interviews. The affiliate is being paid as an independent contractor
and in no way is this to be interpreted as representation or endorsement
by 52 Motivational Interviews.
4.4 52 Motivational Interviews may at any time refuse any particular
link, text or referring graphic used to forward a viewer to the
52 Motivational Interviews website. Only approved links, banners,
graphics and text may be used.
4.5 The use of 52 Motivational Interviews affiliate links, or
links referring to a particular affiliate link is strictly prohibited
through the use of junk mail, e mail server programs, spam, hit
distribution networks, pay-per-click programs, or through mass
distribution in chat rooms, etc. 52 Motivational Interviews holds
sole discretion on what is termed as \inappropriate use\ and may
at any time close an account if we are given information on inappropriate
use.
International Affiliates
5. We welcome affiliates from the international community but
payouts to international affiliates from 52 Motivational Interviews
will be made with a company check drawn in US funds or Paypal.
There are NO exceptions. If you are unable to accept a US drawn
check made payable with US funds or PayPal then we will be unable
to pay you the commission earned and your account will be terminated.
Payment
6. Monthly payouts will be made for all commissions earned. All
monthly commission payouts will be made during the first week
of every month. EXAMPLE: For commissions earned in January, we
will send payment the first week in February. There is no minimum
amount required for payout.
6.2 The commission to the affiliates is based on 50% of the subtotal
for each order. You will not receive a commission on shipping
charges.
6.3 Commissions can be voided within your account for reasons
which we will feel are appropriate. This is usually the result
of fraudulent orders, excessive clicks from the same IP address,
declines from the referred customers credit card, or other reasons
that facilitate garnishment of commission. In the event that this
occurs you will be notified immediately.
Fraudulent Orders and Orders Outstanding
7. It is possible that we may receive an order that is ill legitimate
and fraudulent. This usually takes place with a stolen or dispossessed
credit card. In the event that we receive an order, which we have
conclusive evidence of being fraudulent, we will cancel the order
entirely and decommission your account for the 50%. If this is
to occur you will be notified immediately.
7.2 52 Motivational Interviews reserves the right to decide whether
or not a viewer from your site will be serviced, sold to or otherwise
catered to.
Grant of License and Restricted Use
8. 52 Motivational Interviews grants you a non-exclusive, non-transferable,
revocable right to use our banners, advertisements, links, trademarks,
logos, and HTML used solely for the purpose of advertising the
52 Motivational Interviews website.
8.1 52 Motivational Interviews holds sole editorial discretion
on how links are worded, or described on the affiliates site.
52 Motivational Interviews is not responsible for the creation
of the links, which may be posted on your site and will only be
involved surrounding editorial review. You also agree to fully
cooperate to work with 52 Motivational Interviews to maintain
and manage links.
8.2 All content on the affiliates website including links, banners,
text, etc, leading to any or all content within the 52 Motivational
Interviews website is the sole responsibility of the affiliate.
8.3 If 52 Motivational Interviews believes that fraudulent clicks
have been recorded within your account as a result of masking
links, multiple clicks or through embedding the code in a hidden
fashion within your pages, or if the commission links have been
exploited in any other way, we reserve the right to cancel any
or all commissions and if necessary, close the account.
Changes To This Agreement
9. 52 Motivational Interviews may change the wording and structure
of these terms at any time. When a change to these terms and agreements
occurs all affiliates will be notified within 24 hours.
Privacy
10. Your privacy is a major concern for 52 Motivational Interviews.
We will not sell, disperse, trade or otherwise decimate your account
information to any organization outside of 52 Motivational Interviews.
Warranty
11. 52 Motivational Interviews does not make any guarantees on
the ability of the affiliate programs ability to generate income
for the affiliate or applicant. We are exempt from all warranty,
including, traffic generated, revenue earned, and functionality
of the affiliate program.
Limitations of Liability
15. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED
PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
52 MOTIVATIONAL INTERVIEWS CUMULATE LIABILITY TO YOU ARISING OUT
OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED
THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification. You agree to indemnify and hold harmless 52
Motivational Interviews and its employees, representatives, officers,
agents and affiliates, against any and all claims, suits, actions,
or other proceedings brought against Wayne Kelly, Wayne Klenk
Melway Solutions, or 52 Motivational Interviews based on or arising
from any claim (i) That our use of any material provided by you
infringes on any copyright, patent, trademark, trade secret or
any other intellectual property right of any third party, or (ii)
Resulting from your breach of this Agreement or resulting from
your breach of any third party intellectual property right or
misappropriation of any material, or resulting from any of your
defamatory, libelous act or resulting from your violation of any
third party right of publicity or privacy. You will pay any and
all costs, damages, and expenses, including, but not limited to,
reasonable attorneys\ fees and costs awarded against or otherwise
incurred by Wayne Kelly and 52 Motivational Interviews in connection
with or arising from any such claim, suit, action, or proceeding.
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