Please scroll to read the affiliate agreement. By signing up as an affiliate, you are agreeing to abide by the terms listed below.
Affiliate Agreement Each participant in the Affiliate program offered by Elite Marketing Pro, LLC (the “Program Operator”) at (the “Website”) expressly agrees to this Affiliate agreement. NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. UNLESS YOU EXPRESSLY AGREE AND CONSENT TO THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM. This agreement incorporates the Program Operator’s terms, conditions, and policies (located on this Website) herein as if it were set forth in full. Throughout this agreement, “Affiliate program” and “program” refers to the Affiliate program operated by the Program Operator in part for the Website. Affiliates Each Affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship. Commissions and Referral Fees Whenever someone orders through your Affiliate link, your Affiliate ID is credited with a referral fee if one is specified on our Website. When another Affiliate registers as an Affiliate using your Affiliate link, your account is credited as the Sponsoring Affiliate if our Affiliate program has a multi-tier structure. You do not earn a referral fee for any other Affiliate’s registration. The commission and any referral fee amount varies from product, service or opportunity. The rate at which your referral fee, if any, is generated can be found on the Website and is subject to change at any time. If the Website is silent as to the commission rate, then the base rate is 20%. Before any Affiliate may be sent a commission check or payment, the Affiliate must submit to the Program Operator "Affiliate Taxpayer Information." Such information shall include, at a minimum, a substitue W9 which the Affiliate can find on the Program Operator's website. The Affiliate will not receive any payment of commission/referral fees until such time as the affiliate submits the required documentation to the Program Operator. Commissions on products and services are paid at the rates as indicated on the Website. The Program Operator strives to pay similar rates on future products, services, and opportunities, but reserves the right to pay a different scale at anytime without notice to affiliates. The Program Operator shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to the Affiliate. The Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to the Affiliate in any period or periods shall be rectified by the Program Operator within 14 days of discovering such discrepancy. Income Tax Liabilities Each Affiliate acts as an independent contractor and as such is responsible for any or all United State s, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in the Affiliate's state or location. It is the Affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the Tax Code and other applicable laws and regulations. Embargoed Nations & Specially Designated Nationals The United States controls the export of products and information. Each Affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an Affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software). Each Affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an Affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited. In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator or its agent. Commission Schedule The Program Operator shall pay all Commissions accrued and payable to the Affiliate within 7 days of the first day of each month (the "Commission Payment Date.") The payout schedule can be found below. There is a minimum commission amount of $20. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount. Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. We are not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments. If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate’s future commissions. All commissions are paid in US Dollars by PayPal, ACH, Check, or Wire Transfer. Processing fees will be deducted from the amount of the commission paid. Fees may change at any time. Affiliates that fail to deposit or cash an affiliate check within 90 days of being issued, or if affiliates fail to input their payment information with Elite Marketing Pro, commissions owed to the Affiliate shall be forfeited, and the Program Operator shall not be obligated to pay such Commissions to the Affiliate. Each Affiliate is responsible for selecting the payment processor, through which to receive their commissions/referral fees, from the payment processors supported by the Program Operator. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not receiving the money. Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees. This election is entirely made by the Affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the Affiliate, or the Affiliate’s lack of ability to then conform to the payment processors or processes supported by the Program Operator. The Program Operator assumes no responsibility for an Affiliate not electing a payment processor. If an Affiliate fails to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted. The Program Operator shall pay all Commissions accrued and payable to the Affiliate within 7 days of the first day of each month (the "Commission Payment Date.") If at any time, the balance of accrued and payable Commissions is held over for 2 consecutive months, then Company shall pay all accrued and payable Commissions to the Affiliate in the third month, regardless of the total amount owed. Affiliates that do not to provide a Social Security Number or Tax ID Number within 90 days of earning commissions will forfeit all pending commissions. Elite Marketing Pro ("EMP") Affiliates must be considered active paying EMP members to qualify for EMP commission payments. An active paying EMP member is an affiliate that has paid for 1 full year of Elite Marketing Pro, or is currently paying the monthly fee to be an Elite Marketing Pro affiliate. If the EMP affiliate cancels their EMP membership, then they are moved to the standard commission level and forfeit all EMP affiliate referred commissions. All other product commission will be paid at the standard level. The Elite Marketing Pro Commission Payout Schedule Elite Marketing Pro offers a generous compensation plan. The commissions earned will depend on the product or service promoted and your membership level. If you are a "VIP" or "Fast-Track" (Acceleration or Elevation) member, you will qualify for "Fast-Pay" payouts. This means you will be paid every two weeks. If you are a standard or "Insider" affiliate, you will be paid once per month. FAST-PAY QUALIFIED AFFILIATES Pay periods occur on the 2nd and 15th of each month. Below is the payout schedule for Fast-Pay qualified affiliates: Jan 2 -> Affiliates paid for Dec 1-14 sales Jan 15 -> Affiliates paid for Dec 15-30 sales Feb 1 -> Affiliates paid for Jan 1-14 sales Feb 15 -> Affiliates paid for Jan 15-31 sales Mar 2 -> Affiliates paid for Feb 1-14 sales Mar 15 -> Affiliates paid for Feb 15-28 sales Apr 2 -> Affiliates paid for Mar 1-14 sales Apr 15 -> Affiliates paid for Mar 15-31 sales May 2 -> Affiliates paid for Apr 1-14 sales May 15 -> Affiliates paid for Apr 15-31 sales Jun 2 -> Affiliates paid for May 1-14 sales Jun 15 -> Affiliates paid for May 15-30 sales Jul 2 -> Affiliates paid for Jun 1-14 sales Jul 15 -> Affiliates paid for Jun 15-31 sales Aug 2 -> Affiliates paid for Jul 1-14 sales Aug 15 -> Affiliates paid for Jul 15-30 sales Sep 2 -> Affiliates paid for Aug 1-14 sales Sep 15 -> Affiliates paid for Aug 15-31 sales Oct 2 -> Affiliates paid for Sep 1-14 sales Oct 15 -> Affiliates paid for Sep 15-31 sales Nov 2 -> Affiliates paid for Oct 1-14 sales Nov 15 -> Affiliates paid for Oct 15-30 sales Dec 2 -> Affiliates paid for Nov 1-14 sales Dec 15 -> Affiliates paid for Nov 15-31 sales Funds will be distributed on the 2nd and 15th of each month. There may be up to a 3 day delay based on your banks policies and transfer times. STANDARD AFFILIATES Pay periods occur on the 15th of each month. Below is the payout schedule for standard and insider affiliates: Jan 15 -> Affiliates paid for Dec 1-30 sales Feb 15 -> Affiliates paid for Jan 1-31 sales Mar 15 -> Affiliates paid for Feb 1-28 sales Apr 15 -> Affiliates paid for Mar 1-31 sales May 15 -> Affiliates paid for Apr 1-31 sales Jun 15 -> Affiliates paid for May 1-30 sales Jul 15 -> Affiliates paid for Jun 1-31 sales Aug 15 -> Affiliates paid for Jul 1-30 sales Sep 15 -> Affiliates paid for Aug 1-31 sales Oct 15 -> Affiliates paid for Sep 1-31 sales Nov 15 -> Affiliates paid for Oct 1-30 sales Dec 15 -> Affiliates paid for Nov 1-31 sales Funds will be distributed on the 15th of each month. There may be up to a 3 day delay based on your banks policies and transfer times. WHAT YOU NEED TO KNOW All commissions are paid on the actual amounts collected. Sales become commissionable once all agreements are signed and funds are collected. Elite Marketing Pro will revoke any commissions paid on sales that are refunded or charged back. All affiliates are required to maintain a reserve and recharge reserves when a refund is processed. Elite Marketing Pro withholds 10% on all transactions to cover a reserve and chargebacks or refunds. Allowances are held for 60 days. The allowance amount will be released every 60 days, and will be included in your next payment cycle following the release date. In the event your account balance is negative, or the system detects a significant fluctuation in your volume, the allowance may be held for a longer period of time, but never longer than 6 months. In the event that the pay date occurs on a major US holiday or on a weekend, funds will be available the following business day. Mixing Of Products As an Affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that are not capable of being viewed by persons 13 years of age or younger unless the Program Operator specifically allows such products. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the Website, the eBook(s), or your Affiliate Link. On any website on which you include any reference whatsoever to the Program Operator, its products, services, and eBooks, you may NOT include any reference whatsoever to any form of “Adult” content. Any violation of these requirements will result in immediate termination of your Affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that the Program Operator may incur. Payment Processor Fees All commissions are calculated based on the net transaction. In other words, all taxes, shipping, and payment processing fees are first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due the Affiliate. Any sums paid for taxes, shipping, and payment processor fees are not commissionable. The Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the Website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission. Spam And Unsolicited Commercial Email (UCE) The Program Operator does not tolerate the sending of unsolicited commercial emails (UCE a.k.a. junk email or spam email) which promote, or make reference to the Program Operator, or any of their associated companies or Websites, Partners, or employees, the Websites, products or services. The provisions of the Program Operator’s Anti-Spam Policy shall apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, breaches this rule will have their Affiliate status canceled and any outstanding commissions will be forfeited. Investigations by Law Enforcement or Government Agencies The Program Operator reserves the right to reject any Affiliate application or immediately terminate any Affiliate from the Program who has ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures. Every applicant for the Program must make full disclosure to the Program Operator of any such investigations, including the results of such investigations so that the Program Operator can make an informed decision as to whether the applicant is eligible for the Program. Once an applicant is approved, the applicant must also make full disclosure to the Program Operator immediately of any such investigations that occur during the term such approved applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. Unprofessional Conduct The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status canceled and any outstanding commissions will be forfeited. The Program Operator reserves the right to reject any Affiliate application if, in the Program Operator’s opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with. Keywords and Promotion Without express prior written approval from the Program Operator, no Affiliate shall register, own, or use a domain name that includes key words or key phrases that includes the Program Operator’s trademarks, service marks, and/or words contained in the Program Operator’s domain name http://elitemarketingpro.com. Without express prior written approval from the Program Operator, no Affiliate shall use any of these words either in a pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. Negative Promotional Content Affiliates shall not use negative content to promote products or services sold by the Program Operator. This includes, but is not limited to, use of reviews or ads that refer to Program Operator products or services as a “scam,” “fraud,” “bogus,” “fake,” “sucks,” or synonyms or phrases that convey the same meaning. The Program Operator is aware that this marketing tactic may generate leads for an Affiliate but it does so at the expense of the Program Operator’s good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. Monetary Incentives Prohibited Affiliates shall not use cash rebates or other monetary incentives to promote products or services sold by the Program Operator. This includes, but is not limited to, offering to rebate a portion of the purchase price to anyone who purchases via the Affiliate’s link for the Program. Such monetary compensation devalues the Program at the expense of the Program Operator. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. However, nothing in this paragraph shall prevent an Affiliate from providing non-monetary bonuses to purchasers as an inducement to purchase through the Affiliate’s link provided that such bonuses are otherwise permitted by law. Affiliate Sales and Tracking After signing up for the Affiliate program, you will receive a unique Affiliate URL (“Affiliate Link”) which you will use to advertise the Website. When someone clicks through this URL, a cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the Website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie. The program operator is not responsbile for a visitor clearing their cookies or blocking any client or server tracking scripts designed to credit the affiliate for the conversion. Untracked conversions will be credited to the program operator. Commissions will not be moved from one Affiliate to another affiliate. In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as “Affiliate link cloaking”) may or may not work with parts of the Website and this Affiliate program. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed. For the purposes of this Agreement, a "Bona Fide Click-Through" shall be defined as any successful attempt by a visitor of the Affiliate's website to click on the link within the Promotional Materials on the Affiliate's website and to visit the Program Operators website. The Program Operators shall have sole discretion to determine whether any particular click-through or class of click-throughs shall qualify as Bona Fide Click-Throughs. The Affiliate shall not attempt to: (i) artificially attempt to generate click-throughs to Company's website by use of deception or misrepresentation; (ii) manipulate, incentivize, or otherwise encourage the Affiliate's employees, agents, customers, or other persons to click the link to the Program Operator's website for any purpose other than the promotion of the services and/or products offered through the Program Operator's website; or (iii) create or employ any mechanism designed to artificially or automatically generate click-throughs to the Program Operator's website. Term and Termination This agreement will begin upon your sign-up with the Affiliate program and will end when either you or the Program Operator terminates your Affiliate status, or if your account is inactive in any continuous twelve month period. An Affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the Website. The Affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever. The Program Operator may also terminate this agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate’s Profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to Affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Website’s other terms, conditions, and policies, this agreement shall terminate immediately and Affiliate shall forfeit all right to any commissions then due. Rights To Modify Agreement The Program Operator, and its associated companies may, in good faith, modify any of this agreement and/or the Website’s other terms, conditions, and policies (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the Website. These changes will come into force immediately upon posting. The Affiliate’s continued participation in the Affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change. If any modification to this agreement is not acceptable to the Affiliate, the Affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its website, and refrain from publishing same in any manner whatsoever. No Misuse It is understood that any individual that uses the Program Operator’s system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums payable as and for commissions will be withheld. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action. As-Is Only There is no warranty or guarantee of any kind with respect to the Program Operator’s system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator’s Website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data, discontinuation of service, or other inconveniences. Fees Affiliates shall be charged NO FEE by the Program Operator for setting up an account to join Affiliate programs or to join any program. Electronic Communications and Email The Program Operator requires your primary email address be listed in your Affiliate Profile. Affiliates will not be able to use the Website or participate in the Affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Affiliate email address. When you visit the Program Operator’s Websites or send emails to the Program Operator, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an Affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due. Unauthorized Charging Or Receipt Of Payments Through The Websites No Affiliate, or other person or entity may use the Website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Website or through the Program Operator payment processing system may become the sole property of the Program Operator. Specifically, Affiliates may not link to the Website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the Website for processing of any products beyond what the Program Operator has identified as salable products for the Website and specific Affiliate sales. Should any Affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the Website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law. Charging Or Receiving Any Payment For Assisting Other Affiliates The progress of any Affiliate benefits the Program Operator in many ways. If You recruit, sponsor, or obtain an Affiliate through the Websites, by any means, You should always be willing to assist such Affiliate at no charge if you are overriding such Affiliate in a multi-tier payment system. If you are unwilling to assist such Affiliates without charge, your Affiliate status with the Program Operator will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted Affiliates. The Program Operator will allow the Affiliate to offer a fee based coaching program based on excessive amounts of time required for assistance. Excessive amounts of time are defined as over or equal to a 60 minute session of assistance, guidance and coaching. A reasonable fee may be charged by the Affiliate. Affiliate Identification Numbers You will be required to setup and Affiliate ID. Your Affiliate ID may be numeric and/or CaSe sEnSitIvE. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and security of your Affiliate ID and password. You agree to hold the Program Operator harmless in the event that any such information is shared by you with any other person or entity whatsoever. The Program Operator also maintains an Affiliate ID numeric equivilant to the Affiliate ID setup by the Affiliate. This numeric ID resides on The Program Operator's server. No Predatory Advertising All Affiliates in the Affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the Affiliate ID of one Affiliate with that of another with the effect of “stealing” the commission away from the Affiliate that earned it, whether this be intentional or not. Affiliates may not adjust any of the supplied Affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions. Liability The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the Websites or that the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors. Miscellaneous Provisions a) If any part of this agreement or the Website’s terms, conditions, and other policies is declared void, this agreement and such terms, conditions, and other policies shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Affiliate Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No Affiliate may assign or sublicense this agreement without the Program Operator’s prior written consent. b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an Affiliate will be payable by the Affiliate. Any sums not collected from the Affiliate or Affiliate’s customer are not commissionable, and any fees incurred during processing or handling of sales made by the Affiliate will be deducted in whole from any commissions due to the Affiliate. Further, in the event that the commissions due the Affiliate are insufficient to cover any sums, the Affiliate agrees to pay the full amount to the Program Operator. c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE AFFILIATE AGREEMENT AND WEBSITE TERMS, CONDITIONS, AND OTHER POLICIES INCORPORATED BY REFERENCE ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE). d) To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Brevard, Florida, United States, and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Website’s terms, conditions, and other policies including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the Website, products, and/or services. The Program Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. e) This Agreement shall be governed and construed in accordance with the laws of Florida, United States applicable to agreements made and to be performed in Florida, United States. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us. f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in Brevard, Florida, United States, under the commercial 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. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. g) Any cause of action or claim you may have with respect to the Website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. h)The Program Operator’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. i) The Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. j) Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly. k) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission. l) Should this Affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program without recourse. m) If a jurisdiction other than Florida requires the Program Operator to collect sales taxes, use taxes, other taxes or fees, the Program Operator has the right to immediately terminate this program in such jurisdiction without recourse. n) If the payment processors utilized by the Program Operator determine that sales made through Affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. o) Nothing herein is intended to imply that the Program Operator will always offer any Affiliate program, or this Affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the Websites or that the Program Operator will offer any Affiliate program whatsoever. Any rights not expressly granted herein are reserved. This is the entire agreement between the Program Operator and you as an Affiliate. Phone Assisted Sales The Program Operator may also operate a call center. Call center representatives might make offers to referred customers of the Affiliate. If the Affiliate is an active "Elite Marketing Pro VIP" member, the Affiliate qualifies to earn 40% of each VIP sale that is referred. If an Elite Marketing Pro VIP sale is procured through the Program Operator's call center, the "Elite Marketing Pro VIP" Affiliate will earn a 40% commission minus a fee of up to $300 to be paid to the Program Operator's call center. Affiliate commissions earned on all other products that are offered through the Program Operator's call center will be paid as per the affiliate commission level minus a small fee to be paid to the call center representative, as determined by the Program Operator. This Affiliate program agreement was last updated on March 6, 2017. Copyright © 2008-2017 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this Website at http://elitemarketingpro.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
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