This agreement describes the entire terms and conditions for participation in the ChihuahuaCare.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 ChihuahuaCare.com.
AFFILIATE SITE
ClickBank will create a unique URL for
you when you submit a complete Affiliate Enrollment Form.
COMMISSIONS
You will receive sixty percent (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(s) ordered. Commissions
will only be paid on sales that are made through qualified Affiliate links.
PAYMENT
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.
ORDER FULFILLMENT
ChihuahuaCare.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
Customers who purchase products and services through the Affiliate Program will
be deemed to be customers of ChihuahuaCare.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. ChihuahuaCare.com policies will always determine the price paid by
the customer.
QUALIFICATION FOR COMMISIONS
Affiliates must have an active link from their website, newsletter, ad campaign,
etc. to their Affiliate link in order to qualify for commissions.
QUALIFYING SITES
ChihuahuaCare.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 (SPAM) AND PROHIBITED MARKETING TACTICS Bottom line: If you spam, you're out!
RELATIONSHIP OF PARTIES TERM AND TERMINATION 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 DISCLAIMERS DISPUTES 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: Dauphin County, Pennsylvania, 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.
ASSIGNMENT MISCELLANEOUS 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 signing up with ClickBank, 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.
Return to the Chihuahua Care Homepage | View our Terms
of Use | View our Privacy
Policy
ChihuahuaCare.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 ChihuahuaCare.com Affiliate Program, with no refund.
Affiliates agree to abide by FTC Internet advertising guidelines and the Can-Spam Act.
Affiliates are also prohibited from promoting our product(s) and service(s)
using the following advertising methods: "safe" lists, opt-in and/or
double opt-in e-mail lists that Affiliate did not create or build from their
own website or list, co-registration, free for all (FFA) links, bulk Usenet
newsgroup postings, Messenger service spam, and blatant spamming in forums and/or
message boards.
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.
The term of this Agreement will begin when you accept and will end when terminated
by either party. Either ChihuahuaCare.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 website, all links to the ChihuahuaCare.com
Site, and all ChihuahuaCare.com trademarks and logos, other ChihuahuaCare.com
Marks and all other materials provided in connection with this Agreement.
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 Agreement.
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:
Dauphin County, Pennsylvania. Any costs and fees other than attorney fees associated
with the 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 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.