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Scroll down to read this agreement and proceed to the application.
This
agreement describes the entire terms and conditions for
participation in the revenue sharing Affiliate Program.
The Affiliate program is owned and operated by Expert Link
Inc, a Pennsylvania corporation that operates Psychic
Source. The parties to this agreement are you the
Affiliate ("Participant," "you," "yours") and Expert Link
Inc. ("Expert Link," "we," "our"),
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 and/or new
customers acquired 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 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.
5)
Commission Structure:
You will earn $75.00 for each New Customer whose initial point of purchase for Expert Link’s service was the result of the Affiliate’s marketing efforts. Affiliates are not eligible to earn commissions on their purchases of any Psychic Source products.
6) Commission Payment:
Expert Link shall mail such commissions monthly,
accompanied by commission statements, on the first
business day after the 15th of the following
month. Payments will be sent to the individual and address
name on the application form, on a monthly basis, until
such time as this agreement has ended. Please remember
that payments are made according to our Affiliate Report.
All personal member information is kept in the strictest
confidence and will not be included in the Affiliate
Report.
7) Refunds, Chargebacks and
Bad Checks: If a
New Customer’s purchase is later refunded to the member or
charged back by the customer, or if a customer's check
does not clear, the referral fee will be deducted from the
next monthly payment sent to the participant.
8) Tracking of Subscription
Fees:
Expert Link
will be solely responsible for tracking New Customer
sales. Statements of New Customer sales activity will be
provided to you. All personal member information is kept
in the strictest confidence and will not be included in
the Affiliate Report.
9) Copyrighted information:
You are solely responsible for ensuring that your logo and
preamble text obey all applicable copyright and other
laws. You must have express permission to use another
party's copyrighted material. Expert Link will not be
responsible if you use another party's copyrighted
material in violation of the law.
10) Authority:
Nothing in this agreement will serve to grant you any
authority to act on our behalf. You will remain
independent of us at all times. You are an independent
contractor and nothing in this agreement is intended to or
will create any form of partnership, joint venture,
agency, franchise, sales representative or employment
relationship between us.
11) Prices:
The prices charged for Expert Link’s services under this
program will be determined only by Expert Link. Prices may
vary from time to time.
12) Email Campaigns:
Affiliate acknowledges that it is fully aware of the
requirements of the Controlling the Assault of
Non-Solicited Pornography and Marketing Act , also known
as the "CAN-SPAM Act", codified at 15 U.S.C. Sec. 7701
(the "Act") and the final regulations promulgated under
the Act. Affiliate agrees to comply with the Act
and regulations in connection with this Agreement.
Affiliate also agrees to
comply with the following conditions:
- Sending only to opt-in lists of contacts
- Sending only to relevant targets
- Sending only from the Affiliate’s registered domain
- Sending only links, banners and/or advertisements approved by Expert Link
13 Sites Qualification:
Affiliate's site may be
rejected on the basis that it does not reflect Expert
Link’s business principles. Your site application will be
rejected for reasons such as if your site(s):
-
Promotes violence;
-
Promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age;
- Promotes illegal activities;
- Promotes pornography;
- Constitutes a Banner Farm (A web page that consists of
nothing but banners linked to affiliate programs);
- Utilizes Spyware practices;
- Violates intellectual property rights;
- For any other reason deemed to be reasonable by us.
Expert Link reserves the
right to cancel your participation in the revenue sharing
program at any time should your site(s) become involved in
any way with the above subjects and/or, but not limited
to, mass unsolicited emailings (i.e. spamming) or
association with other sites whose content goes against
our policies. Such cancellation shall result in the
forfeiture of any accumulated unpaid commission.
14) Technical service
interruption:
Expert Link will make every effort to keep its Web site
operational. However, certain technical difficulties may,
from time to time, result in temporary service
interruptions. The participant agrees not to hold Expert
Link liable for any of the consequences of such
interruptions.
15) Damages:
Miscellaneous:
This Agreement will be
governed by the laws of the United States and the State of
Michigan, 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 Detroit,
Michigan, 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.
Mutual
Confidentiality:
Except as required in each party’s duties to the other party
under this Agreement, Expert Link and Affiliate will not
disclose or divulge to any person, entity, firm, or
company, or use for Expert Link’s or Business Affiliate’s
benefit or the benefit of any other person, entity, firm
or company, directly or indirectly, as the same may exist
during the term of this Agreement or after the date of
termination of this Agreement, any knowledge, information,
business methods, techniques, devices, customer lists,
supplier lists, business plans, software programs, or
other data of the other party, without regard to whether
all of the foregoing matters will be otherwise deemed
confidential, material, or important, the parties
stipulating that as between them, the same are important,
material and confidential and greatly affect the effective
and successful conduct of the business and the goodwill of
the Affiliate or Expert Link.
Disclaimer:
Expert Link makes
no warranties, representations or conditions with regard
to the program, whether express or implied, arising by law
or otherwise, including without limitation any implied
warranty of merchantability or fitness for a particular
purpose or non-infringement or any implied warranty
arising out of course of performance, course of dealing or
usage of trade.
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