This agreement describes the entire terms and conditions for participation as an affiliate of GirlGetsGreatGuy.com
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” or “us” refers to GirlGetsGreatGuy.com
Affiliate Site
ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form.
You can sign up for Clickbank here
Commissions
You will receive 50% of the net 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.
The commission may be changed at any time by us without notice.
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 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
GirlGetsGreatGuy.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 GirlGetsGreatGuy.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. GirlGetsGreatGuy.com policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate link in order to qualify for commissions.
Qualifying Sites
GirlGetsGreatGuy.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 or SPAM – CAN-SPAM Rules
GirlGetsGreatGuy.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 GirlGetsGreatGuy.com Affiliate Program, with no refund.
When promoting GirlGetsGreatGuy.com products by email you agree to abide by the CAN-SPAM Rules including…
1) You must use a confirmed opt-in process to obtain someone’s email address to signify you have their permission to email them.
2) You must have a working one-click unsubscribe link in any email you send.
3) You must have a physical mailing address where you can be contacted through the postal service.
Bottom line: If you spam you’re 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.
Payment of Taxes
You acknowledge you are solely responsible for payment of all state, provincial, and/or federal taxes in promoting our product(s).
If you are a Canadian affiliate you are responsible for payment of provincial and/or federal taxes including, but not limited to, PST, GST, and HST.
EARNINGS DISCLAIMER
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL.
THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN OUR MATERIALS OR FROM PROMOTING OUR PRODUCTS.
EXAMPLES, IF ANY, IN OUR MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.
EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OR PROMOTING OUR PRODUCTS, IDEAS, AND TECHNIQUES.
WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR IN ANY OF OUR SALES OR PROMOTIONAL MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL.
MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES.
IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL OR WHEN PROMOTING OUR PRODUCTS.
Term and Termination
The term of this Agreement will begin when you accept this agreement by acting as our affiliate and will end when terminated by either party. Either GirlGetsGreatGuy.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 Web Site, all links to the GirlGetsGreatGuy.com Site, and all GirlGetsGreatGuy.com trademarks and logos, other GirlGetsGreatGuy.com 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.
We may reject your application or terminate you if we determine (in our sole discretion) that you are misrepresenting our product, making false claims or promises, using misleading advertising, or otherwise promoting our product in an unsatisfactory manner.
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 links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Disputes
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: British Columbia, Canada. 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: Nanaimo, B.C. Canada 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
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.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to ‘Clearly and Conspicuously’ divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from GirlGetsGreatGuy.com, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
Note: It is not sufficient to have a Compensation Disclosure link on your website or blog to comply with the above disclosure requirement.
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf ) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for GirlGetsGreatGuy.com
Failure to do so may (at the sole discretion of GirlGetsGreatGuy.com) result in immediate termination of your affiliate account, and forfieture of any commissions accrued.
Promotional Materials
You agree to use only the promotional materials that have been approved by GirlGetsGreatGuy.com and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America (FTC) guidelines including Guidelines for Endorsements and Testimonials.
You shall not hold GirlGetsGreatGuy.com responsible in any way for actions or use of promotional materials whether or not they are sanctioned by GirlGetsGreatGuy.com
You further agree not to make any changes to the promotional materials, including but not limited to banners, without the express written permission of GirlGetsGreatGuy.com.
With the exception of the banners provided by GirlGetsGreatGuy.com in the Affiliate Tools Section, you are responsible for obtaining and paying for the appropriate license(s) for any images you use to promote our product(s).
Miscellaneous
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.
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 and acting as our affiliate, you acknowledge that you have read this agreement and agree to all of 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.
You can access the Affiliate Tools page here
This agreement is copyrighted, used under license, and may not be copied.
