AFFILIATE
AGREEMENT
This agreement describes the entire terms and conditions for
participation in the Safelistworld.com Affiliate Program.
In this agreement, the term "Participant" refers
to you (the applicant), and "sponsoring web site"
refers to the web site from which you will link to us.
Safelistworld.com
is the sole and exclusive owner of all right, title and interest
including all intellectual property rights in and to the contents,
logos, style, design, look and feel, trade names, trademarks
to all literary works, computer software programs, products,
goods and services (including and all future versions thereof)
currently entitled the ("Product"). Product refers
to the singular as well as the plural.
You
can add or remove links any time you wish:
You
may add as many links to our site, or remove such links, at
any time and without prior approval from Safelistworld.com.
Affiliate
Sales Commissions:
If,
as a result of a direct advertising effort of the Affiliate,
a referred customer of the Affiliate orders and pays for the
Product or other goods or services sold by Safelistworld.com
in the future, Safelistworld.com shall pay the Affiliate a
sales commission determined in accordance with the Affiliate
Compensation Schedule which is set forth in this Agreement
and which forms an integral part of it. The commission is
based upon the paid selling price of the purchased goods or
services before tax and excluding returns ("Sales Commission").
The
purchase price of qualifying sales will count toward the total
sales during the calendar month in which such sales are made.
Only qualifying sales of the Product, to a customer and for
which Safelistworld.com has received full payment will qualify
for the specified referral fee. We use the actual receipts
generated from Paypal, 2Checkout, and Paysytems with referrer/affiliate
id to credit the sponsor/referrer/affiliate. Note: Commissions
will NOT be paid to those who signup under themselves (in
an effort to reduce their own monthly payments).
The
total of such sales in any given month will generate commissions,
based upon the following schedule:
Safelistworld
sends out commission checks in the amount of $3.00 on any
first tier sales or $4.00 on any second tier sales, on the
fourth week of every month, on all sales made between the
first and last day of the previous month.
Safelistworld.com
Amounts less than $25.00 will be held until the next calendar
month in which the cumulative referral fee due exceeds $25.00,
or until this agreement is canceled.
Participant
can check the status of commissions earned at any time by
visiting the site at the link provided on our site. Please
be aware our commissions script may not reflect correct numbers
due to many factors such as refunds, non-recurring customers,
script errors, third party errors, etc. Please refer to the
Safelistworld administrators via email to get the exact commissions
numbers you've earned.
In order to receive commissions, you must be signed up in
our affiliate program and also provide the correct Paypal
email address where we can pay you. It is the affiliate's
responsibility to ensure correct information by logging in
your affiliate stats area. You must ensure you have an active
Paypal account and registered so we can pay you. Failure to
do so will result in loss of commissions.
If
a refund is requested by a customer on a qualifying sale,
its referral fee will be deducted from the next monthly payment
sent to the Participant. If there is no next monthly payment,
the Participant will be billed.
The
parties hereto intend that an affiliate or member is an independent
contractor and not an agent or employee of Safelistworld.com.
Affiliate is responsible for maintaining their own records
for tax purposes. All liabilities for taxes, record keeping,
reporting of state, national,, or local taxes and/or license(s)
will be the sole responsibility of you, the Affiliate/Reseller.
You agree that, as an Affiliate or Reseller, you are operating
as an independent contractor and are not subject to withholding,
nor entitled to any other benefits, entitlements, or accommodations
other than those legally provided for in the "compensation
plan".
Delivery
and Order Processing:
Safelistworld.com
will be solely responsible for processing every order placed
by a customer following a special link from the sponsoring
web site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility
of Safelistworld.com.
All
of the rules, operating procedures and policies of Safelistworld.com
regarding customer orders and accounts will apply to orders
we receive through special links on your sponsoring web site.
Safelistworld.com reserves the right to reject any order at
its sole discretion.
Copyrighted
Material:
The
participant is solely responsible for ensuring that your reviews
and descriptions comply with all applicable copyright and
other laws and shall hold Safelistworld.com harmless for any
violations thereof.
Customers
of Safelistworld.com:
Every
customer who purchases a product is deemed to be a customer
of Safelistworld.com. Safelistworld.com is not responsible
for any representations made by the Participant which contradict
our policies.
Pricing
and Availability:
All
prices shall be established by Safelistworld.com. In case
of any price discrepancies, the price charged to the customer
will always be the price listed on the web page linked from
your sponsoring web site.
Operation
of Web site and Processing:
Safelistworld.com
will make all reasonable efforts to keep its web site operational.
However, certain technical difficulties may, from time to
time, result in temporary service interruptions. Safelistworld.com
shall not be liable for any of the consequences of service
interruptions, which may occur.
Modification
and Cancellation:
Safelistworld.com
reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion,
by posting said new terms on this web site. Said modifications
shall be deemed accepted by participant.
Independent
Contractors:
Participant
of Safelistworld.com's affiliate program are independent contractors
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 the
parties.
Term
and Termination
The
term of this Agreement will begin when you accept and will
end when terminated by either party. Either Safelistworld.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 Safelistworld.com Site, and all
Safelistworld.com trademarks and logos, other Safelistworld.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.
Compliance
with Applicable Laws
You
are solely responsible for the accuracy and appropriateness
of all materials posted on Affiliate's Web Site, and for ensuring
that your activities and materials posted on Affiliate's Web
Site are not defamatory, in violation of copyright laws or
otherwise illegal. You agree to indemnify and hold Safelistworld.com
harmless for any violations of the foregoing. Safelistworld.com
disclaims all liability for these matters.
Limitations
of Liability
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Safelistworld.com
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED
REVENUE, PROFITS OR LOST BUSINESS), EVEN IF Safelistworld.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS
AGREEMENT, IN NO EVENT SHALL Safelistworld.com'S CUMULATIVE
LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT,
WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER
THIS AGREEMENT.
Disclaimers
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
Sites will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or errors.
Mediation
& Arbitration
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: Clark County. 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: Clark County,
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.
Miscellaneous
Entire
Agreement. This Agreement constitutes and contains the entire
agreement between the parties with respect to the subject
matter hereof and supersedes any prior oral or written agreements.
This Agreement may not be amended except in writing signed
by the parties. Each party acknowledges and agrees that the
other has not made any representations, warranties or agreements
of any kind, except as expressly set forth herein.
Assignment.
You may not assign your rights or obligations under this Agreement
to any party.
Applicable
Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington without
regard to the conflicts of laws, rules and principles thereof.
Severability.
If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited
to the minimum extent necessary such that the intent of the
parties is effectuated, and the remainder of this agreement
shall have full force and effect.
Notices.
Any notice required under this Agreement may be given by email,
fax or written letter to the number or address you provide.
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.
Safelist
World