The
following are the terms and conditions of participating in the Stop-Smoking-Today.com
Affiliate Program.
Stop-Smoking-Today.com
reserves the right to amend this agreement as needed from time to time,
and Affiliate agrees that any such amendment will apply to the Affiliate.
The continuation of Affiliate status or Affiliate's acceptance of income
or bonuses shall constitute Affiliate's acceptance of any and all amendments.
1.
Affiliate agrees that a Stop-Smoking-Today.com Affiliate is an independent
contractor, and not an employee, agent, partner, legal representative,
or franchisee of Stop-Smoking-Today.com. Affiliate further agrees not
to incur any debt, expense, and obligation on behalf of, for, or in the
name of Stop-Smoking-Today.com.
2.
Affiliate must be of the age of majority in his/her state or country.
3.
All Affiliate applications are subject to approval by Stop-Smoking-Today.com
4.
Affiliate agrees to receive Stop-Smoking-Today.com e-mail, including but
not restricted to sales reports, training, newsletters, plus general messages.
5.
Contact information (e-mail address, phone number, address, etc.) will
be provided to your Referrer (the person who directly referred you to
Stop-Smoking-Today.com - The 2nd level Affiliate or whose advertising
generated your registration). Contact information is not disclosed to
any other party.
6.
Affiliate agrees to present the Stop-Smoking-Today.com products and services
as set forth at the official Stop-Smoking-Today.com website. Affiliate
will make no claims regarding potential income, earnings, products or
services beyond what is stated at the official Stop-Smoking-Today.com
website.
7.
Affiliate agrees not to disparage Stop-Smoking-Today.com, other Stop-Smoking-Today.com
Affiliates, Stop-Smoking-Today.com products, the Stop-Smoking-Today.com
commission plan, Stop-Smoking-Today.com employees or Stop-Smoking-Today.com
Independent Contractors. Affiliate understands that disparagement may
result in the immediate suspension or termination of Affiliate account
with a cancellation of any pending commissions.
8.
Affiliate agrees to not utilize SPAM in promoting Stop-Smoking-Today.com.
This action may result in the immediate suspension or termination of Affiliate
account with a cancellation of any pending commissions. Affiliate will
also be in violation of the Stop-Smoking-Today.com Affiliate Agreement
and subject to legal action and may be held liable for any financial loss
incurred by Stop-Smoking-Today.com.
For
the purpose of this agreement, SPAM is defined as emailing ANYONE in bulk,
about Stop-Smoking-Today.com, who has not specifically requested the information
directly from Affiliate. The ONLY exceptions to this are:
A.
Mailing to APPROPRIATE OPT-IN mailing lists is acceptable. However, use
extreme caution when choosing an opt-in mailing list company! Using anything
but the most reputable sources could generate Spam complaints against
Affiliate resulting in suspension or termination.
9.
Affiliate agrees to provide Stop-Smoking-Today.com with a valid e-mail
address upon registration.
10.
All payments will be made in U.S. dollars. Affiliate commissions shall
normally be paid by check, monthly on or about the 25th for the previous
month's sales. If a sale is canceled or refunded, the related commission
will be deducted from a subsequent payment.
11.
Affiliate will be issued an "Affiliate Link," a unique URL that
allows Stop-Smoking-Today.com to identify visitors from Affiliate site
as originating from Affiliate. These visitors are tracked with this unique
URL and sales are recorded with the appropriate Affiliate ID. To receive
commissions, Affiliate must use the provided Affiliate Link. The URL may
be in various forms such as a banner, image, or text link.
12.
Affiliate is solely responsible for insuring that their Affiliate Link
is set up properly to qualify for commissions.
13.
Stop-Smoking-Today.com is not responsible for technical problems, acts
by third parties, or other events outside our reasonable control, which
may temporarily disrupt or diminish service.
14.
Stop-Smoking-Today.com will make every reasonable effort to track and
pay commissions for all sales that apply to Affiliate. However, Stop-Smoking-Today.com
is not responsible for technical problems, acts by third parties, or other
events outside our reasonable control, which may temporarily disrupt or
diminish this service. Tracking of Affiliate sales depend on several factors,
technical and otherwise, which are out of the control of Stop-Smoking-Today.com.
It is the goal of Stop-Smoking-Today.com to make Affiliate tracking as
accurate as possible, however, Stop-Smoking-Today.com cannot guarantee
tracking for situations beyond our control.
15.
To protect Stop-Smoking-Today.com customer privacy, if deemed necessary,
Stop-Smoking-Today.com reserves the right to withhold identifying customer
contact information from Affiliate.
16.
Stop-Smoking-Today.com reserves all rights in or to its trademarks and
service marks but may be used by Affiliate in accordance with this agreement.
Affiliate may in no way display a Stop-Smoking-Today.com logo, image,
or trademark, which may be distasteful, defame, or misrepresent.
17.
Affiliate shall follow Stop-Smoking-Today.com advertising guidelines and
agrees not to misrepresent Stop-Smoking-Today.com products or services.
Affiliate agrees to use only Stop-Smoking-Today.com approved ads. They
must be approved before you can publish them. Affiliate further understands
that prohibited sites for advertising Stop-Smoking-Today.com products
or services include: Sites that promote discrimination based on race,
sex, religion, national origin, or physical disability, sites that promote
illegal activities.
18.
Affiliate may not assign rights or delegate duties under this Agreement
without the prior written consent of Stop-Smoking-Today.com. Upon request
Stop-Smoking-Today.com will provide Affiliate with guidelines for the
sale, transfer or assignment of Affiliates Stop-Smoking-Today.com business.
19.
Stop-Smoking-Today.com shall not be held liable for any indirect, incidental,
special or consequential damages or any loss of revenue or profits arising
under or with respect to this Agreement or program, even if Stop-Smoking-Today.com
has been advised of the possibility of such damages. Stop-Smoking-Today.com
aggregate liability arising under or with respect to this agreement or
the program shall in no event exceed the total commissions paid or payable
by Stop-Smoking-Today.com under this agreement.
20.
Stop-Smoking-Today.com makes no warranties expressed or implied with regard
to Affiliate Program except as outlined in this Agreement.
21.
Both Stop-Smoking-Today.com and the Affiliate reserve the right to terminate
this agreement at any time. The term of this Agreement shall be for a
period of one year from the date hereof and shall automatically renew
upon each anniversary, without further act of the parties, unless either
party has terminated this Agreement by written notice to the other. If
terminated, outstanding commissions at time of termination shall be paid
in the next payment so long as the terms of this agreement were not violated
by the Affiliate. Payment of the final commission payment to the Affiliate
may be withheld for a reasonable time in order to ensure that the correct
amount is paid.
22.
This agreement will be governed by and construed in accordance with the
laws of the State of New York, unless the laws of the state in which Affiliate
resides expressly require the application of its laws. This agreement
is further governed by and construed in accordance with the laws of the
United States of America.
DISCLAIMER:
THIS
AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY
THE PARTIES.
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