This agreement describes
the entire terms and conditions for participation in the the “Home
Selling Secrets” http://www.forsalebyownerguide.com
Affiliate Program. http://www.forsalebyownerguide.com
is owned and operated by Market Leaders Ltd. In this agreement Market
Leaders Ltd is collectively referred to as “Home Selling Secrets”
or http://www.forsalebyownerguide.com
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 Market Leaders Ltd.
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
directly through your Affiliate Site 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 chargebacks, the amount will
be deducted by ClickBank from the next payment.
Order Fulfillment
Market Leaders Ltd will be solely responsible for processing every order
placed by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate Program
will be deemed to be customers of Market Leaders Ltd. Accordingly, all
“Home Selling Secrets” 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. The “Home Selling Secrets” policies will always determine
the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate
link in order to qualify for commissions.
Qualifying Sites
Market Leaders Ltd reserves the right not to accept any site into the
Affiliate Program based on site content. Sites that Do Not Qualify for
the “Home Selling Secrets” 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
”Home Selling Secrets” 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 “Home
Selling Secrets” 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.
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.
Any disputes between the parties to this agreement which involves interpretations
of the terms of this agreement shall be submitted to arbitration in
Wellington, New Zealand, under the rules of New Zealand Law, and the
finding of the Arbitrator shall be binding on all parties. 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. 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.
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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