Affiliate Operating Agreement
Please read the following document below before registering.
1) Terms of the Agreement: The terms of the Agreement will begin upon acceptance of your affiliate application and will end when terminated by either party. Either you or we may terminate the 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.
Cause for termination include:
- Use of unsolicited email/spam to promote our service or program
If you use spam to promote the service you will be notified that your account has been terminated.
If you or I terminate your account "without cause" then you will have the opportunity to cash-out. i.e. any and all commissions outstanding during the agreement will be paid at the end of the next commission cycle.
1.1) Privacy: To protect your privacy at any time an affiliate may opt-out of receiving any promotional messages from the company i.e. newsletters and sales promotions. You can unsubscribe from affiliate communications at any time by sending an email request to firstname.lastname@example.org
1.2) Mediation: Any problems or discrepancies over due commissions will be dealt with within 7 days of an email notification to the company. All such matters will be handled by Stephanie Banfill. Queries can be raised via email to email@example.com or by postal service to:Stephanie Banfill
2109 60th Drive East
Bradenton, FL 34203 USA
1.3) Tracking: Visitors and sales are tracked using custom software developed by Creative Business Solutions, Inc.
Any visitor who becomes a customer as a direct result of links/banners from your website will be tracked via your reseller id number.
1.4) Reporting: Affiliates will be able to access sales through online Administrative Procedures. Access details will be supplied upon acceptance of your application. Any Earned Commission Report subject to server performance in real time will provide commission due history. Historical data is also available.
1.5) International Affiliates: International affiliates are welcome to join the program. All payments will be in U.S. dollars on a monthly basis. International affiliates who would prefer a higher minimum check payment to reduce their bank costs are welcome to discuss reviewing limits by contacting firstname.lastname@example.org
Commissions will be paid each month by the 20th for sales occuring in the prior month, as long as total commissions due to you exceed twenty-five ($25).
2) Commission Payments:
10% Commissions of Monthly Sales ($.01 - $499)
15% Commissions of Monthly Sales ($500 - $999)
20% Commissions of Monthly Sales ($1000 - $1999)
30% Commissions of Monthly Sales ($2000 - $3999)
40% Commissions of Monthly Sales ($4000 or more)
Payments will be made every 30 days sent in the form of a check payable in U.S. dollars to the "Payee" as described in the affiliate application form. You are held responsible for your own tax liabilities in relation to this payment.
The minimum level is $25. Accounts owing under this amount will be carried forward to the next sales period until commissions have accumulated to the $25 threshold. Commissions against sales that are rejected upon credit card authorization or otherwise refunded or charged back will be deducted from your following commission payment.
3) Modification: We may modify any of the terms and conditions contained in the Agreement, at any time in our sole discretion, by posting a change notice on this site. All affiliates who have not opted out of receiving email notifications will also receive an email notification.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
Any change or modifications made will be in "good faith", the Agreement will not be altered to purposely avoid paying affiliates due commissions.
Any substantive changes i.e. change of commissions will be made with at least 14 days notice by email and onsite update of Agreement.
Notification of all changes will also be broadcast in any email message to all affiliates providing you have not opted out of receiving further communication from us.
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.
4) 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 this Agreement.
5) 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 WEB SITE. 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.
6) Miscellaneous: This agreement certifies that I.M.P.A.C.T. Publishing Inc. meets the legal requirements of the United States of America.
This Agreement will be governed by the laws of the United States, without reference to rules governing choice of laws. 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 our 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.