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Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your participation in our ADHD: A Path to Success Affiliate Program (the “Program”). As used in this Agreement, “we,” “our,” and “us” refer to the ADHD: A Path to Success affiliate program, and “you” and “your” refer to the applicant. “Sites” refers to www.caer.com, www.adhdhelp.org, www.adhdsuccess.org, www.adhdinsight.com, www.myhomeworkhelp.com, www.readingmathhelp.com, www.aspegerssyndrome.net, or any related sites that my be developed by Lawrence Weathers, Ph.D..
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason. Unsuitable sites include (but not limited to) those that: contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable; Promote sexually explicit materials; Promote violence; Promote discrimination based on race, sex, religion nationality, disability, sexual orientation, or age; Promote illegal activities; Violate or infringe on intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine (in our sole discretion) that your site is unsuitable for the Program for any reason.
2. The Store
Once we notify you that we have accepted your site into the Program, we will email you a password so you may you to copy the code for from http://www.readingmathhelp.com/ashop/affiliate/signupform.php.
We encourage you to place your ADHD: A Path to Success affiliate link, which you may use only on the terms and conditions of this Agreement, as prominently as possible on the most heavily trafficked pages of your site and to follow our instructions for the operation of the Program.
From time to time, we may offer different products for sale through the Program and also may modify the logos and other information presented in, and the overall appearance of the store. All such changes will occur automatically, without prior notice to you. You will not be required to change any code, as we change our products automatically.
3. Order Processing
We will process product orders placed by customers who purchase products. We reserve the right to reject orders that do not comply with any and all our requirement that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, returns, and handle customer service.
4. Sales Tracking
We use state of the art software to automatically track sales made to customers who purchase products. Every three months you will be emailed a report of your sales activity.
5. Payment
You will earn a 17% commission on the sale of ADHD: A Path to Success. All sales commissions exclude taxes and shipping that we may charge. If the commissions that accrue for any 3 month period total less than $10, we will hold the commissions and pay them within thirty days after the first month in which the aggregate accrued, but unpaid commissions total $10 or more. If a customer returns or receives a refund or credit for a product that generated a commission under this paragraph, we will deduct that commission from the next monthly payment or payments. If no further payments are due under this Agreement, we reserve the right to send you a bill for any commissions associated with returned products.
6. Policies and Pricing
All customers who buy products through the Program are customers of the Program. Accordingly, All Program rules, policies, and operating procedures concerning customers’ orders, customer service, pricing and product sales will apply to those customers. We may change our policies and operating procedures at any time, in our sole discretion. Product prices and availability may vary form time to time. Because price changes may affect products that you already have listed on your site, we may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
7. Limited License
We grant you a nonexclusive, revocable right to use the Program and any of the other images and text that we may provide you solely for the purposes of identifying your site as a Program participant and to assist you in generating product sales through the Program. You may not modify the Program or any other graphic images or text that we may provide you in any way. We reserve all our rights in the Program, and all such graphic images, text, our trade names and trademarks and other intellectual property rights. You agree to follow our instructions respecting the use of our trademarks, and those instructions may change from time to time. We may revoke your license at any time by giving you written notice.
8. Responsibility for your Site
You will have sole responsibility 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 right 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 obscene, defamatory, libelous or otherwise illegal. We disclaim all liability for all matters relating to the development, operation, maintenance, or contents of your site.
9. Indemnification
You will indemnify, defend and hold us harmless against any and all claims, lawsuits, damages, expenses (including, without limitation, attorneys’ fees) that we may or that anyone may assert as a result of (1) our use of any trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use or (2) anything occurring on your site or arising from the development, operation or maintenance of your site.
10. Terms of the Agreement
The terms of this Agreement will begin upon our acceptance of your application and will end when terminated by either party. Either you or we may terminate this Agreement at any time and for any reason giving the other party written notice of termination, which may be via email, but must be responded to with a reply, stating receipt, within 48 hours. Upon termination of this Agreement for any reason, you will immediately cease using, and remove from your site, all links to our commerce server all Program trademarks, trade dress and logos and other materials that we may have provided to you or allowed you to use in connection with the Program, and we will immediately cease using, and remove from our site, all trademarks, logos, graphic images, text or other materials that you may provide to us or allow us to use. You are eligible to earn only those commissions that may accrue under paragraph 4 during the term of this agreement, and commissions earned through the date of termination will remain payable only if the customer does not cancel the order, return the products purchased or receive a refund or credit. We may withhold your final payment for a reasonable time to ensure payment of the correct commission amount.
11. Modification
We may modify any of the terms and conditions contained in this Agreement, at any item and at our sole discretion, by posting such a change notice or a new agreement on our site. ALL SUCH MODIFICATION WILL TAKE EFFECT AT THE TIME WE SPECIFY OR, IF WE SPECIFY NO SUCH TIME, IMMEDIATELY UPON THEIR POSTING ON OUR SITE. 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 EVIDENCE YOUR BINDING ACCEPTANCE OF THE CHANGE.
12. Relationship of the 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.
13. Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION WITH RESPECT TO THE PROGRAM OR ANY PRODUCT SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR OUR COMMERCE SERVER WILL BE UNINTERRUPTED OR ERROR-FREE. AND WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ANY INTERRUPTION OR ERROR.
14. Limitations of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OR REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL 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.
15. 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 THE AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT NOT SET FORTH IN THIS AGREEMENT.
16. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Washington, 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 Spokane, Washington, and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum. You may not assign this Agreement, or by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will bind, insure 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 provisions or any other provision of this Agreement.
Privacy Policy
Your privacy is important to me. I am committed to protecting and safeguarding your privacy and personal information. To this end, I have implemented a Privacy Policy. I believe it is important for our readers/clients/customers to know about our privacy practices. Simply, we do not disclose any information to anyone about you that you have not specifically directed us to, or that we are legally compelled to disclose.
My employees who have access to your personal information are educated and trained to handle and protect your personal information and to abide by my Privacy Policy at all times.
What is Personal Information?
Personal Information is defined as "information about an identifiable individual" and includes information concerning matters such as race, ethnic origin, color, age, marital status, religion, education, medical, criminal, employment or financial history, address and telephone number, numerical identifiers such as Social Security Number, fingerprints, blood type, tissue or biological sample, and views or personal opinions. It also includes information about your product and service subscriptions and usage.
What Information do we collect and what do we use the Information for?
We collect and use personal information about you and your use of our products and services and our web sites (the "Information") to: (i) initiate and maintain our relationship with you in connection with our products and services; (ii) administer billing and accounting services and security measures in relation to your business with us; (iii) provide you with personalized features and services; (v) comply with any legal and regulatory requirements, including requirements or requests of government agencies or pursuant to a subpoena or other legal proceeding.
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| Upon submitting this form, a password will be e-mailed to the address that you entered. Depending on how busy the mail servers are, it may take 1 to 15 minutes to arrive at your mailbox. Check your e-mail and enter your username and the password to login to your private affiliate support panel where you can get click-thru link code for your website and view your click-thru, sales, and commission stats. |
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