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Affiliate Application
Affiliate Agreement
This Agreement contains the terms and
conditions that apply to a participant
in the ConsumerRaters affiliate program
(the "Program"). As used in this
agreement, "we"/"our/"us", means
Consumer Raters, LLC and "you"/"your" means
the "affiliate/applicant", "site" refers
to a World Wide Web site.
To begin the enrollment process, you
will submit a complete Affiliate
Application form. We will evaluate your
application in good faith and will
notify you of your acceptance or
rejection, usually within 3 business
days. (you can re-apply at any time). We
may reject your application if we
determine, in our sole discretion, that
your site is unsuitable for the Program.
Unsuitable sites include, for example,
sites that:
- promote sexually explicit materials
- promote violence - promote
discrimination based on race, sex,
religion, nationality, disability,
sexual orientation or age - promote
illegal activities or violate
intellectual property rights - or from
applicants who we prefer not to be
associated with
We grant you a non-exclusive,
revocable right to use our present
banners and other such images for which
we grant express permission, for the
purpose of identifying your site as a
program participant and linking to our
site. You may not modify the banners or
any of our images in any way without our
express permission.
We reserve all of our rights to our
trade names and trademarks and all other
intellectual property rights.
SPAM (unsolicited email)
We will not tolerate the sending of
unsolicited bulk emails which promote,
or make reference to ConsumerRaters, or
any of its associated companies,
Partners, or employees. Other prohibited
forms of advertising include postings to
non-commercial newsgroups and
cross-posting to multiple newsgroups at
once. In addition, Affiliates may not
advertise in any way that effectively
conceals or misrepresents their
identity, their domain name or their
return email address.
Any Affiliate who, in our opinion,
breaches this ruling will have their
Affiliate status cancelled immediately
and any and all outstanding commissions
WILL BE FORFEITED.
Stay Safe, Don't SPAM.
We will NOT revoke affiliate status
to avoid payment of owed or future
commissions.
UNPROFESSIONAL CONDUCT
ConsumerRaters and its associated
companies operate with the strictest
codes of professional conduct. Any
Affiliate who brings ConsumerRaters or
its associates into disrepute, or who
promotes any form of slander, racism, or
unfair business practices, will have
their Affiliate status cancelled and any
outstanding commissions WILL be
forfeited.
We reserve the right to reject any
affiliate application if in our opinion,
that person or company violates
established laws or commonly held
standards of decency.
An affiliate who ignores warnings to
cease and desist any activities we deem
negligent, inappropriate, or harmful to
ConsumerRaters and or other affiliates
will be terminated.
ORDER PROCESSING
We will be solely responsible for
processing every order for our listing
services. Customers will use our secure
online ordering process. Order forms,
payment processing, shipping,
cancellations, and related customer
service are our responsibility.
All of our rules, operating
procedures and policies regarding
customer orders and accounts will apply
to orders we receive through special
links on your site. We reserve the right
to reject any order that does not comply
with our rules, operating procedures and
policies.
Every customer who purchases one of
our listing services through this
program is deemed to be a customer of
ours. You do not have the authority to
make or accept any offer on our behalf.
All our policies regarding customer
orders, including product availability,
pricing and problem resolution, will
apply to these customers. We are not
responsible for any representations made
by you which contradict our policies.
(See "Business Agreement" link at bottom)
TRACKING OF SALES
We will be
solely responsible for tracking sales we
make to customers who follow links from
your website.
Statements of your sales activity
will be available to you in "real-time"
with a special URL that we assign to
you, accessible 24 hours per day and 7
days per week. You may access these
stats via a password and username we
assign.
Only two entities may access your
stats and affiliate information. That
would be you, and us (ConsumerRaters).
LINKS
We will provide you with a unique
identifying URL for you to link to. Each
sale that is generated from this URL
will be attributed to you. You will have
access to your own private section to
check your stats in Real Time. Your
links to the unique URL can be text
links or banner links, or a combination
of the two, at your sole discretion. If
you choose banner links, you must use
our banners. We will provide you with a
URL of all our banners, from which you
can freely choose. You may add as many
links to ConsumerRaters.com, or remove such
links, at anytime and without prior
approval from us.
** Inactive affiliates will be
removed from participation in the
Program. Inactive means little or no
"click-throughs" via your banner/text
links, as monitored via our affiliate
program administrative panel, for a
period of sixty (60) days. And/or,
non-placement of affiliate banners/text
ads. We will contact you after thirty
(30) days of "inactivity". Efforts will
be made to help and encourage your
participation in the Program.
We will provide you with instructions
on how to properly format the links. You
are responsible for ensuring the links
are formatted correctly. This will
ensure accurate tracking of sales for
credit to your account. Every effort
will be made to ensure that our site is
functional and available for customers
referred to our site through your
"affiliate link".
We have NO responsibilities with
regard to your site. ConsumerRaters
shall have no liability for any
indirect, incidental, special or
consequential damages or any loss of
revenue or profits arising under or with
respect to this agreement or the
program. In addition, ConsumerRaters'
aggregate liability arising under or
with respect to this agreement or the
program shall in no event exceed total
referral fees paid or payable to the
affiliate under this agreement.
COMMISSION AND PAYMENT
We will pay
you $100 for each of the first 10
Business Listing sales and $200 for each Business Listing purchase
after the 10th sale made by a
customer referred by your "affiliate
link" through our banners or text links
(Not including any applicable sales tax
and shipping charge).
Minimum amount for payment is one
hundred dollars ($100). Any amount under
this will be held in your account until
the minimum for pay out is reached (this
is ongoing).
Payment will be made in the form of a
bank check, paid in US dollars. Checks
will be mailed no later than the sixteen
of the month for sales occurring two
months prior. For example, commissions
for sales made during May, will be sent
out on or before the 16th of July. We
are not responsible for paying interest
to Affiliates for accrued but not yet
delivered Commission payments.
Payment will be made out to you and
mailed, via U.S. postal mail, to the
address you provide at sign-up. (you
will be able to modify your address and
contact info via your private affiliate
area)
Any "refunds" to a customer, referred
through your "affiliate link", will be
deducted from your "credited"
commission/s. Charge backs, if any, will
be deducted from your "credited"
commissions.
TERM OF THE AGREEMENT
The term of this agreement will begin
upon our acceptance of your affiliate
program application and your placement
of our banner or textual link on your
site and will end when terminated by
either party. Either you or we may
terminate this agreement at any time, by
giving the other party written notice of
termination. This will be in the form of
"email". You can only earn
referral fees
on sales occurring during the term. We
will never withhold any payment due.
Payment of monies owed you will be
payable on the same schedule as stated
above for commission payment. Upon
termination of this agreement, the
former Affiliate must remove all
Affiliate links and graphics from its
web site, and refrain from publishing
same in any manner whatsoever.
INCOME TAX LIABILITY
You must understand and agree that
you are acting as an independent
contractor and as such will be
responsible for your own Income Taxes
and any other tax liabilities that
affect the sales of our products in your
state. By law, any commissions in excess
of five hundred ninety nine ($599)
dollars must be reported by us on a
Federal Tax form (that's why we ask for
your SSAN-social security number on the
sign-up page). You will be sent this
form and are required to sign and return
to us before any 'further payment' to
you can or will be made.
MODIFICATION
We may modify any of the terms and
conditions contained in this Agreement,
at any time and in our sole discretion,
by posting a new agreement on our site.
Any modifications will ALSO be notified,
by email, to all participating
affiliates. If any modification is
unacceptable to you, you may terminate
this agreement. Your continued
participation in the program following
notification of our new program will
constitute binding acceptance of the
change.
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 anything
written here.
CONFLICTS AND DISPUTES
As with any program, a conflict or
dispute may occasionally arise due to
tracking, orders, commission
calculation, performance issues and
appeals regarding "termination for
cause". Below is outlined who to contact
and how to handle any such situation.
If a concern should arise, send an
email stating your full name, your
affiliate ID, your address and state the
specifics of your concern. Include any
dates or numbers that apply. We will
investigate immediately and will reply
as soon as possible.
CONTACT INFORMATION:
E-mail:
affiliate@consumerraters.com,
PRIVACY POLICY
It's pretty simple... We ONLY use the
information you submit to maintain your
account. That is, to make your
commission payments and to communicate
changes in OUR product offerings. We
will NOT email you with any other
company's products... period! We WILL
notify you of new banners and or text
links to facilitate promotion of
ConsumerRaters. We Do Not Now nor Will
We in the future, Sell, Rent or
otherwise make your personal information
available to anyone!
DISCLAIMER
We make no express
or implied warranties or representations
with respect to the Affiliate Program or
your potential to earn income from the ConsumerRaters 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 down time.
This Agreement
will be governed by the laws of the
United States and the State of Florida,
without reference to rules governing
choice of laws. Any action relating to
this Agreement must be brought in the
Federal or State courts located in
(Deerfield Beach, FL), and you
irrevocably consent to the jurisdiction
of such courts. 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
Program application, 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.
I have read the
terms of this agreement and I accept.
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