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Terms and conditions:
This AGREEMENT (the "Agreement"), effective the day you accept the following terms, is entered into by and between Source Communications located in San Diego, CA using the domain name of www.OutrageousBusinessGrowth.com and your organization, recognized as the "Affiliate", with reference to the following:
A. Source Communications is, and has been, actively engaged in the business of marketing consulting for businesses.
B. Affiliate is, and has been, actively engaged in the business relevant to their particular industry. While enrollment in the Affiliate program is automatically accepted, Source Communications reserves the right to decline acceptance of any Affiliate it deems inappropriate.
C. The Affiliate desires to affiliate their website(s) for the sole purpose of sending visitors to www.OutrageousBusinessGrowth.com in the hopes of gaining commissions from any sales from those visitors.
NOW, THEREFORE, in furtherance of the Agreement, and in consideration of the promises, mutual representations, warranties, covenants and agreements hereinafter set forth, the parties agree as follows:
1. Marketing Services Provided to www.OutrageousBusinessGrowth.com. Affiliate agrees to provide the following marketing services to www.OutrageousBusinessGrowth.com within one week of the date of accepting this Agreement:
a. Webpage Link. Affiliate shall include at least one (1) text link to www.OutrageousBusinessGrowth.com if the Affiliate has an online directory of websites they promote and/or endorse. The size and typeface of the text link shall be comparable to that of the other text links of this nature. The placement of the text link shall be within the sole and absolute discretion of the Affiliate.
b. Banners. Affiliate can include banners which shall advertise www.OutrageousBusinessGrowth.com on Affiliate's website. The editorial content and image content of the banners shall be within the sole discretion of www.OutrageousBusinessGrowth.com, but the size of the banners shall not be smaller than 135 X 135 pixels. Banners, boxes and bugs are available from the Affliate support page.
c. Contextual Links. Affiliate shall include as many contextual text links as appropriate to www.OutrageousBusinessGrowth.com in addition to any banners or text links. Contextual links shall be words or phrases within promotional or other related body copy of the Venture Partners web site, e-zine or dedicated e-mails.
2. Payment of Sales Commission. Source Communications shall pay to the Affiliate a commission of 10% of the sales price of all books and CD products offered on www.OutrageousBusinessGrowth.com which have been purchased by someone referred to www.OutrageousBusinessGrowth.com using the Affiliate's coded link to www.OutrageousBusinessGrowth.com. Commissions are based on a percentage of the total gross amount due (before shipping) that a customer you referred spent online at www.OutrageousBusinessGrowth.com. Any other products, marketing services or subscription services offered by Source Communications are not part of this Affiliate agreement and are not commissionable to the Affiliate under this contract. Commissions are paid monthly when the amount due is greater than or equal to $50 within thirty (30) days of any sale to allow for proper processing and settlement. If the amount due is less than $50, the amount due will be carried over to the next month.
Source Communications will not make a referral payment for any transaction for which payment has not been fully received from purchasing customer, or for any transaction that has been rejected for any reason. All commissions earned by an affiliate will be paid monthly, within two weeks following the end of each month.
We are never responsible for paying any interest to the affiliate for accrued but not yet delivered referral payments.
If a customer's purchase incurs a chargeback, or if the online transaction is not completed in full, no referral payment will be due to the referring affiliate. If a referral commission was paid, then it will be deducted from the active and accrued affiliate's account.
If a customer's purchase incurs a return of product, and a refund is given to that customer, no referral payment will be due to the referring affiliate. If a referral commission has been paid, then it will be deducted from the active and accrued affiliate's account.
As an affiliate (making referral sales for Source Communications) you understand and agree that you are acting as an independent contractor and as such are responsible for your own taxes and any other tax liabilities that might affect the sales of our product in your state. There are no guarantees of any kind about income. Your success is entirely dependent upon your own individual sales efforts.
3. Tracking System. Source Communications shall make available to the Affiliate, at all times during this Agreement, a valid username and password to access the Affiliate Program Commission Report. The Affiliate Program Commission Report shall allow the Affiliate to track the customers who have purchased a Source Communications product after linking to www.OutrageousBusinessGrowth.com through the Affiliate's website or using the Affiliate's coded link to www.OutrageousBusinessGrowth.com.
4 Unsolicited E-Mail. You agree that You will not send unsolicited, commercial e-mail (i.e., "spam") to any persons or entities ("Recipients") absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the Recipient has voluntarily engaged in a transaction on Your Web Site and provided information to You through a contest, registration, or other communication, which included clear notice to the Recipient that the information provided could result in commercial e-mail being sent to that Recipient by You or Your agents. Any commercial e-mail or other online communications that are otherwise permitted hereunder shall include a prominent and easy means for the Recipient to "opt-out" of receiving any future commercial communications from You.
5. Term of the Agreement. This Agreement shall commence on the date this Agreement is accepted, and shall continue until terminated by either party. Upon termination of this agreement, the (former) Affiliate must remove all Affiliate links from his or her web site, and refrain from advertising or publishing the same in any other manner whatsoever.
Source Communications will not be held liable for any loss of any kind, for any reason, due to failures to outages at our web site or from the internet in general.
6. Entire Agreement. This Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements.
7. Governing Law, Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the State of California; and, all matters relating to the validity, construction, interpretation and enforcement of this Agreement, whether sounding in equity, contract or in tort, shall be determined in accordance with and under such laws. The parties agree that the State and/or Federal Courts in California shall have exclusive jurisdiction (personal and subject matter) over the parties and all actions, suits and proceedings of any type instituted by the parties, or on their behalf, in connection with this Agreement. The parties also agree that proper venue for all such action, suits and proceedings, shall be only in the State of California.
8. Severability. It is intended that each section of this Agreement shall be viewed as separate and divisible and in the event that any section or subsection therein shall be held to be invalid, the remaining sections or subsections shall continue to be in full force and effect.
9. Independent Contractors. Source Communications and Affiliate are independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
10. Successors and Permitted Assigns. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and permitted assigns. Source Communications expressly reserves the right to assign all of its duties, rights, and benefits under this Agreement to a third party.
11. Modifications; Amendments; Waivers. Source Communications reserves the right to modify this Agreement at any time by providing no less than 14 days notice to the Affiliate. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION AS AN AFFILIATE OF Source Communications FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL CONSTITUTE ACCEPTANCE BY AFFILIATE OF SUCH MODIFICATION.
12. Headings. The title of this Agreement and the descriptive headings contained herein are for convenience and reference only, do not form a part of this Agreement, and do not in any way modify, interpret, or construe the intentions of the parties to this Agreement.
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