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TalkingTimer.com Affiliate
Agreement
This agreement describes the entire terms and conditions for
participation in the Talkingtimer.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 Talkingtimer.com.
Affiliate Site
Talkingtimer.com will create a unique URL for you (www.talkingtimer.com/yourstorename) when you
submit a complete Affiliate Enrollment Form.
Commissions
You will receive 10% of the revenue as a commission from
orders placed through your Affiliate URL. 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 which are made through qualified
Affiliates.
Due to an increasing amount of International fraud - this program
is ONLY available to those persons living in the US, Canada, UK,
Australia, and New Zealand. If you do not live in one of these
countries, and still want to join our program, contact us with details
about your web site visitors or customers, opt-in or mailng list,
etc., and we will email to inform you of what we can, or cannot
do.
Payment
Talkingtimer.com will send applicable commission payments (either
electronic or via check) on or about the 15th of the month for the
previous month's commissions. If any order that generated a
referral fee is returned by the customer, or if there are any
returned checks or chargebacks, the amount will be deducted from
the next monthly payment. If there is no subsequent payment, the
Affiliate will be invoiced.
Order Fulfillment
Talkingtimer.com will be solely responsible for processing every
order placed by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of Talkingtimer.com.
Accordingly, all Talkingtimer.com 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. Talkingtimer.com policies will
always determine the price paid by the customer.
Qualifying Sites
Talkingtimer.com reserves the right not to accept any web site into
the Affiliate Program based on site content. Sites that Do Not Qualify
for the Talkingtimer.com 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
Talkingtimer.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 Talkingtimer.com Affiliate
Program, with no refund. Bottom line: If you spam you are 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.
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 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.
Any disputes between the parties to this agreement which involves
interpretations of the terms of this agreement shall be submitted to
arbitration under the rules of the American Arbitration Association, and
the finding of the Arbitrator shall be binding on all parties. 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.
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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