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Operating Agreement

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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 $100.00 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. Affiliates, their immediate family members, and residents of the same household may not make purchases using their own affiliate link(s). Any commissions earned in this manner will be voided and accounts potentially cancelled.

  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. Sites Qualification for Affiliates using Integrated Shopping Cart Product:

    Required: HTTPS/SSL on the page(s) containing the iframe: HTTPS must be used within a web app anytime there is sensitive data present. Recommended:

    • Maintenance of secure systems: This includes things like patching, configuration, anti-malware, access control, strong passwords, etc as they relate to the underlying operating systems associated with the website.
    • Maintenance of secure networks: This includes things like appropriate firewalls in place with secure configuration and secure configuration of any other network devices associated with the website.
    • Maintenance of secure application: This includes things like secure coding practices.
    • Periodic scanning/testing: Websites should be penetration tested and/or scanned using industry standard tools and techniques on a periodic basis to help detect common vulnerabilities. A list of vulnerability scanning tools currently available in the market is listed at the end of this document.

     

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. Tools Listing:

    The tools listing in the table below has been presented in alphabetical order. Expert Link does not endorse any of the Vendors or Scanning Tools by listing them in the table below. This information was pulled from OWASP. (Open Web Application Security Project)

    Name

    Owner

    Licence

    Platforms

    Acunetix WVS

    Acunetix

    Commercial / Free (Limited Capability)

    Windows

    AppScan

    IBM

    Commercial

    Windows

    AVDS

    Beyond Security

    Commercial / Free (Limited Capability)

    N/A

    Burp Suite

    PortSwiger

    Commercial / Free (Limited Capability)

    Most platforms supported

    Contrast

    Contrast Security

    Commercial / Free (Limited Capability)

    SaaS or On-Premises

    GamaScan

    GamaSec

    Commercial

    Windows

    Grabber

    Romain Gaucher

    Open Source

    Python 2.4, BeautifulSoup and PyXML

    Grendel-Scan

    David Byrne

    Open Source

    Windows, Linux and Macintosh

    Hailstorm

    Cenzic

    Commercial

    Windows

    IKare

    ITrust

    Commercial

    N/A

    N-Stealth

    N-Stalker

    Commercial

    Windows

    Netsparker

    MavitunaSecurity

    Commercial

    Windows

    NeXpose

    Rapid7

    Commercial / Free (Limited Capability)

    Windows/Linux

    Nikto

    CIRT

    Open Source

    Unix/Linux

    NTOSpider

    NT OBJECTives

    Commercial

    Windows

    ParosPro

    MileSCAN

    Commercial

    Windows

    Proxy.app

    Websecurify

    Commercial

    Macintosh

    QualysGuard

    Qualys

    Commercial

    N/A

    Retina

    BeyondTrust

    Commercial

    Windows

    Securus

    Orvant, Inc

    Commercial

    N/A

    Sentinel

    WhiteHat Security

    Commercial

    N/A

    Vega

    Subgraph

    Open Source

    Windows, Linux and Macintosh

    Wapiti

    Informática Gesfor

    Open Source

    Windows, Unix/Linux and Macintosh

    WebApp360

    TripWire

    Commercial

    Windows

    WebInspect

    HP

    Commercial

    Windows

    SOATest

    Parasoft

    Commercial

    Windows / Linux / Solaris

    Trustkeeper Scanner

    Trustwave SpiderLabs

    Commercial

    SaaS

    WebReaver

    Websecurify

    Commercial

    Macintosh

    WebScanService

    German Web Security

    Commercial

    N/A

    Websecurify Suite

    Websecurify

    Commercial / Free (Limited Capability)

    Windows, Linux, Macintosh

    Wikto

    Sensepost

    Open Source

    Windows

    Xenotix XSS Exploit Framework

    OWASP

    Open Source

    Windows

    Zed Attack Proxy

    OWASP

    Open Source

    Windows, Unix/Linux and Macintosh