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Affiliates Terms and Condition

Agreement

Please read the agreement document below before registering.
I accept these terms and wish to register.

  1. Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
  2. 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 change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
  3. 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 referral fees paid or payable to you under to this Agreement.
  4. Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
  5. SPAM: This company has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines if the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
  6. Miscellaneous: This Agreement will be governed by the laws of the Canada and the British Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Vancouver, BC, 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 be 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.
  7. Commission Payouts: We shall pay affiliate a flat commission per confirmed order for monthly, quarterly, or yearly signup as given in the chart below:
      1~5 referrals/month $60.00
      6~10 referrals/month $75.00
      11+ referrals/month $100.00

  8. If the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will be eligible for a commission fee of 3% of the above chart. This is known as a second-tier referral commission.

    A confirmed order is a customer who has paid their account in full and has been verified by phone. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first tier and second tier affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Company in full for any such commissions.

    Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate.

    Affiliates must have accumulated commissions of at least $50 (1 referred sale) for a given payment period before a check will be issued.

    New affiliates will be paid thirty days (30) after the end of each calendar month for all commissions earned during the prior month.
  9. Tracking of Sales: Company will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Company will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Company to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:

    1. Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on
    2. Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately
    3. track that sale
    4. Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time
    5. Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.

      As such, affiliates will not hold Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.

      We will pay referral fees on any Products after the customer has re-entered our site through the use of a cookie placed on the end user computer. If, through no fault of ours, the cookie is removed or not allowed by the end user, that customer's purchase may be tracked only if customer enters our site directly through a link from your site. The cookie may expire at the end of 90 days or a time period determined solely by Hosting Metro Inc.

  10. Responsibility for Your Site: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
    1. The technical operation of your site and all related equipment
    2. The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
    3. Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
    4. Ensuring that materials posted on your site are not libelous or otherwise illegal.

      We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
  11. 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 in this Section.

I accept these terms and wish to register.



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