agreement describes the entire terms and conditions for participation
in the PlacementIntelligence.com Affiliate Program.
In this agreement, the term "Affiliate" refers to you
(the applicant). Wherever the agreement refers to "you"
or "your", it means "the Affiliate"; "we"
or "our" refers to PlacementIntelligence.com
ClickBank will create a unique URL for you when you submit a complete
Affiliate Enrollment Form.
You will receive 60% of the revenue as a commission from orders
placed through your Affiliate Site (unless noted otherwise for a
particular product) less the charges outlined by ClickBank in their
agreement http://www.clickbank.com/paychecks.html . For a sale to
generate a commission to an Affiliate, the customer must complete
the order form and remit full payment for the product ordered. Commissions
will only be paid on sales that are made through qualified Affiliate
ClickBank will send a check for the applicable commissions within
the framework of their policies http://www.clickbank.com/paychecks.html
. If any order that generated a referral fee is returned by the
customer, or if there are any returned checks or charge backs, the
amount will be deducted by ClickBank from the next payment due affiliate.
PlacementIntelligence.com will be solely responsible for processing
every order placed by a customer on the Affiliate Site. You are
not authorized to sell any of these products from your site as a
"reseller" and no "resale" rights are granted
in ANY way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of PlacementIntelligence.com.
Accordingly, all rules, policies, and operating procedures concerning
customer orders and service will apply to those customers. We may
change our policies and operating procedures at any time. Prices
and availability of our products and services may vary from time
to time. PlacementIntelligence.com policies will always determine
the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their
Affiliate link in order to qualify for commissions.
PlacementIntelligence.com reserves the right not to accept any site
into the Affiliate Program based on site content. Sites that Do
Not Qualify for the Affiliate Program include sites which:
• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
• Promote illegal activities
• Violate intellectual property rights
Unsolicited Commercial Email or SPAM
PlacementIntelligence.com in no way participates in mass unsolicited
emailing (i.e. spamming), and all Affiliates are expected to adhere
to this policy as well. Violation of this policy will result in
the termination of this contract and immediate dismissal from the
PlacementIntelligence.com Affiliate Program, with no refund.
Bottom line: If you spam you’re out!
Relationship of 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 this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end
when terminated by either party. Either YOUR PlacementIntelligence.com
or you may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination.
Upon the termination of this Agreement for any reason, all licenses
granted hereunder shall immediately terminate and you will immediately
cease use of, and remove from Affiliate's Web Site, all links to
the PlacementIntelligence.com Site, and all PlacementIntelligence.com
trademarks and logos, other PlacementIntelligence.com Marks and
all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine
(in our sole discretion) that your site is unsuitable for the Program
for any reason, including, harmful, threatening, defamatory, obscene,
sexually explicit harassing, or racially, ethically, or otherwise
objectionable, such as sites that:
• Promote sexually explicit materials;
• Promote violence;
• Promote discrimination based on sex, religion, nationality,
disability, sexual orientation, or age;
• Promote illegal activities; or
• Infringe or otherwise violate any copyright, trademark,
or other intellectual property rights.
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 commissions paid or payable to you under to this
We make no express or implied warranties or representations with
respect to the Affiliate Program or your potential to earn income
from the Affiliate Program. In addition, we make no representation
that the operation of our site or the Affiliate links will be uninterrupted
or error-free, and we will not be liable for the consequences of
any interruptions or errors.
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: Egg Harbor Township, New Jersey. Any costs
and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Egg Harbor Township, New Jersey, under
the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court
with jurisdiction to do so. Mediation will be shared equally by
each of us.
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
enforceable against the parties and their respective successors
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.
If any of the provisions of this Agreement are determined by a court
to be unenforceable, they shall be severed from this Agreement,
and the remaining provisions shall remain in full force and effect.
By promoting PlacementIntelligence.com, you acknowledge that you
have read this agreement and agree to all its terms and conditions.
You have independently evaluated this program and are not relying
on any representation, guarantee or statement other than as set
forth in this agreement.
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