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Affiliate
Agreement...
Please read the agreement document below before registering.
Enrolment in the Program: To begin the enrolment process, you will
submit an application via our site. We will evaluate your application
in good faith and will notify you of your acceptance or rejection. We
may reject your application if we determine (at our sole discretion)
that your site is unsuitable for the Program. Your site should: 1)
Generate sufficient traffic to our websites 2) Attract a customer base
who may be interested in bodybuilding products 3) Not promote sexually
inappropriate materials 4) Not promote violence 5) Not promote
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age 6) Not promote illegal activities 7) Not
violate the intellectual property rights of IAPC Bodybuilding Course.
If we reject your application, you are welcome to reapply to the
Program at any time. You should also note that if we accept your
application and your site is thereafter determined (at our sole
discretion) to be unsuitable for the Program, we may terminate this
Agreement.
1) Term of the Agreements: The term of this Agreement will begin upon
our acceptance of your Affiliate application and will end when
terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party
written notice of termination. You are only eligible to earn referral
fees on sales occurring during the term.
2) Modification: We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion, by
posting a change notice or a new agreement on this site. Modifications
may include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) 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 referral fees paid or payable to you
under to this Agreement.
4)
Independent Investigation: You acknowledge that you have read this
agreement and agree to all its terms and conditions. You understand
that we may at any time (directly or indirectly) solicit customer
referrals on terms that may differ from those contained in this
agreement or operate web sites that are similar to or compete with your
website. You have independently evaluated the desirability of
participating in the program and are not relying on any representation,
guarantee or statement other than as set forth in this agreement.
5)
SPAM: This company has a zero tolerance policy for SPAM. Any Affiliate
accused of SPAMMING will be immediately suspended while the company, in
their sole discretion, determines if the validity of the SPAM
complaint. Valid SPAM complaints will result in the immediate
termination of your account and forfeiture of any commissions owed you.
6) Commission: The amount of referral commissions due to affiliates will be as follows:
For a AUD $397 Course sale, which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee of AUD $100.
This is known as a first-tier referral commission. For such a sale as described in the previous paragraph,
if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will be eligible for a commission fee of AUD $20.
This is known as a second-tier referral
commission. A commission will only be credited to an affiliate after
the customer has made full payment to company. If a customer later
requests a refund or a charge back is issued by the credit card holder
whose credit card was used to pay for that customer's account, any
commissions that were credited to both first tier and second tier
affiliates will be deducted from the next monthly payment. If there is
no next monthly payment, the affiliate will be billed and hereby agrees
to be bound by law to reimburse Company in full for any such
commissions. Payments will be issued monthly via PayPal, made payable
to the affiliate in the name the affiliate submits in his or her online
registration, and e mailed to the e mailing address provided by the
affiliate.
7)Tracking of Sales: Company will be solely responsible for tracking
sales using special software that communicates with the specially
encoded URLs assigned to affiliates. Company will endeavor to do its
best to ensure accurate tracking of referrals made by affiliates.
Affiliates will themselves be solely responsible for ensuring that
these special URLs are formatted properly, a necessary prerequisite to
accurate tracking of referral sales. Notwithstanding the above
statement of responsibility by Company to track sales, affiliates
hereby acknowledge and accept that the tracking system employed by
Company is not 100% fail-safe and that there may on occasion be
instances of referral sales made that are not credited to an affiliate
for any of the following possible reasons: Failure by the affiliate to
use the proper format of the specially assigned URL in promotions,
webpage links, banner ads, and so on. Deliberate or accidental actions
by customers to circumvent an affiliate's special URL so that our
software is unable to accurately track that sale. Bugs, glitches or
crashes of the tracking software that render it unable to accurately
track sales for a period of time. Acts of nature that cause
irretrievable data loss on the computers and back-up disk media that
store the commission information. As such, affiliates will not hold
Company liable to compensate for any claimed commissions that were not
tracked and recorded by the tracking software.
8) Responsibility for Your Site: You will be solely responsible for the
development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely
responsible for: The technical operation of your site and all related
equipment The accuracy and appropriateness of materials posted on your
site (including, among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights) Ensuring
that materials posted on your site are not libellous or otherwise
illegal. We disclaim all liability for these matters. Further, you will
indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
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 anything in this Section…
9)
Our Responsibilities: We will be responsible for providing all
information necessary to allow you to make appropriate Links from Your
Site to Our Site. We will be solely responsible for processing every
application for IAPC Bodybuilding Course placed by a customer following
a Link from Your Site, for tracking the number and amount of sales
generated by the Link from Your Site, and for providing information to
you regarding sales statistics. Also, we will be responsible for credit
card authorizations, payment processing, cancellations, returns, and
related customer service for the Network Solutions Services, it being
understood that such activities shall be for our account.
10) Miscellaneous: This Agreement will be governed by the laws of the
state of Victoria, Australia, without reference to rules governing
choice of laws. Any action relating to this Agreement must be brought
in the federal or state courts located in Melbourne, Victoria, and you
irrevocably consent to the jurisdiction of such courts. 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 be enforceable against the
parties and their respective successors and assigns. 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.
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Email:-
Postal Address P.O. Box 3037
South Yarra, Victoria, 3141
Australia
Phone David Clancey
0447 774 982 ©
Copyright 2005 - 2015. IAPC.us All rights reserved
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