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AFFILIATE
AGREEMENT
This agreement describes
the entire terms and conditions for participation in the SuccessSecretsRevealed.com.
Affiliate Program. The SuccessSecretsRevealed.com Affiliate Program includes
the SuccessSecretsRevealed.com Website which is owned and operated by
Cyberpoint Marketing, LLC.
In this agreement,
the term "Affiliate Program" or "the Affiliate Program"
refers to the SuccessSecretsRevealed.com Affiliate Program. In this agreement,
the term "Participant" or "Affiliate" refers to you
(the applicant). Whenever the agreement refers to "you" or "your",
it means the "Affilliate"; "we" or "our"
or "us" refers to Cyberpoint Marketing, LLC.
Cyberpoint Marketing, LLC 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
current 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 sites, or remove such links, at any time
and without prior approval from Cyberpoint Marketing, LLC.
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 Cyberpoint Marketing, LLC, Cyberpoint Marketing, LLC 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 Cyberpoint Marketing, LLC has received full
payment will qualify for the specified referral fee.
The total of such
sales in any given month will generate commissions, based upon the following
schedule:
Cyberpoint Marketing, LLC sends out Commission checks for membership in SuccessSecretsRevealed.com
in the amount of $10 on any first tier sales and $1 on any second tier
sales, on the fifteenth of every month, on all new sales as well as subscription
renewals made between the first and last day of the previous month.
Amounts less than
$10.00 will be held until the next calendar month in which the cumulative
referral fee due exceeds $10.00, 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.
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.
Due
to an increasing amount of International fraud - this program is now ONLY
open to those persons living in the US, Canada, UK, Australia, and New
Zealand. If you do not live in one of these countries, and you still want
to participate AND receive commissions, please send an email to affiliates@SuccessSecretsRevealed.com
with your website information, URL and details about your visitors and/or
your opt-in list, etc. If you are not granted an exception no commissions
will be paid.
Delivery and Order
Processing:
Cyberpoint Marketing, LLC will be solely responsible for processing
every order placed by a customer following a unique link/URL that has
been created for the affiliate to use in promotions.. Order forms, payment
processing, shipping, cancellations, returns, and related customer service
are the responsibility of Cyberpoint Marketing, LLC. Cyberpoint Marketing, LLC 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 Cyberpoint Marketing, LLC harmless for any violations thereof.
Customers of Cyberpoint Marketing, LLC:
Every customer who purchases a product is deemed to be a customer
of Cyberpoint Marketing, LLC. Cyberpoint Marketing, LLC is not responsible
for any representations made by the Participant which contradict our policies.
Pricing and Availability:
All prices shall be established by Cyberpoint Marketing, LLC. 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
URL.
Operation of Web
site and Processing:
Cyberpoint Marketing, LLC will make all reasonable efforts to keep
its web sites operational. However, certain technical difficulties may,
from time to time, result in temporary service interruptions. Cyberpoint Marketing, LLC shall not be liable for any of the consequences of service interruptions,
which may occur.
Modification and
Cancellation:
Cyberpoint Marketing, LLC 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:
Participants of 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 Cyberpoint Marketing, LLC 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 Cyberpoint Marketing, LLC Websites and all Cyberpoint Marketing, LLC trademarks and logos, other Cyberpoint Marketing, LLC
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.
Unsolicited Commercial
Email or SPAM
Cyberpoint Marketing, LLC does not participate in the practice of
sending mass unsolicited email (i.e. spam), and we will not tolerate the
practice on the part of our Affiliates. Violation of this policy will
result in immediate termination of this contract and immediate dismissal
from Affiliate Program with no refund. If you spam you are out. You agree
to indemnify and hold Cyberpoint Marketing, LLC harmless for any violations
of email laws. Cyberpoint Marketing, LLC disclaims all liability for these
matters.
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 Cyberpoint Marketing, LLC harmless for any violations of the
foregoing. Cyberpoint Marketing, LLC disclaims all liability for these
matters.
Limitations of
Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
Cyberpoint Marketing, LLC 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 Cyberpoint Marketing, LLC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Cyberpoint Marketing, LLC'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: Tucson, Arizona. 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:
Tucson, Arizona, 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 Arizona 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.
By submitting the
Affiliate Order form, 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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© 2003 Cyberpoint Marketing, LLC
65265 E. Canyon Dr.
Tucson, AZ 85739
Phone/Fax: 520-844-8259
Email affiliates@SuccessSecretsRevealed.com
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