Operating
Agreement
This agreement describes the entire terms
and conditions for participation in the DuplicationNation.com
Associates Program. In this agreement, the term "Participant" refers to you (the
applicant), and "sponsoring website" refers to the website from
which you will link to the DuplicationNation.com. Wherever
the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer
to the DuplicationNation.com and the terms "product" or "products."
You can add or remove
links at any time: You
may add as many links to the DuplicationNation.com, or remove
such links, at anytime and without prior approval from the DuplicationNation.com.
Referral Fee Qualifying Products: Products
and seminar seats sold by DuplicationNation.com originating
from a special link or links at your sponsoring website qualify
to earn you referral fees. The following products will be considered "qualifying
products":
Products that meet the following criteria:
- Products sold to customers who follow a special link from
your sponsoring website to our site.
The following products will not be considered qualifying courses
for referral fees:
- Products through any other special link to our site other
than the specific URL's that you are assigned to your sponsoring
website.
Referral Fee Payment: DuplicationNation.com
will send a referral fee check for the applicable referral fee
approximately 15 days after the 1st of each calendar month. We
pay 30% on any Duplication Nation product sold through your link.
Returns and Cancellations: If a referral fee qualifying
course is later returned by the customer, its referral fee will
be deducted from the next monthly payment sent to the Participant.
Order Processing: DuplicationNation.com will be
solely responsible for processing every order placed by a customer
following a special link from your sponsoring website. We only
honor affiliate sales on orders taken thru our website.
All of the rules, operating procedures and policies of the DuplicationNation.com
regarding customer orders and accounts will apply to orders we
receive through special links on your sponsoring website. the
DuplicationNation.com reserves the right to reject any order
that does not comply with our rules, operating procedures and
policies.
Tracking of Sales: DuplicationNation.com will be
solely responsible for tracking sales we make to customers who
follow special links from the sponsoring website. The Participant
will be solely responsible for ensuring that these special links
are formatted properly, a necessary prerequisite to tracking
such sales. Statements of course sales activity will be provided
to the Participant in realtime with a special URL that they are
assigned.
Promotional Techniques: You are free to promote the
link to DuplicationNation.com in all the ways we recommend
in the introduction email letter you receive by email immediately
after you sign up. Examples of acceptable ways to promote the
products are: through banners, text links, letters of recommendation
to newsletters subscribers or your client base. However, if
you use SPAM (in any way, shape or form, including email and
newsgroup spamming), or offer the course on any WAREZ, CRACK,
or SPAM oriented site, your account will be immediately terminated! Any
referral fees not paid up to the point of termination will not
be paid to you and will be property of the DuplicationNation.com.
References/Testimonials: You agree to cooperate with
the DuplicationNation.com in the development of joint press
releases and testimonials. You further agree that you will allow
us to use your company name in marketing collaterals and make
reference to you on our website.
Copyrighted material: As the Participant, you are solely
responsible for ensuring that your reviews, course descriptions
and articles (if applicable at your site) obey all applicable
copyright and other laws. You must have express permission to
use another party's copyrighted material. DuplicationNation.com
will not be responsible if you use another party's copyrighted
material in violation of the law.
The DuplicationNation.com policy applies to all orders: Every
customer who buys a product through this program is deemed to
be a customer of the DuplicationNation.com. The Participant
does not have the authority to make or accept any offer on behalf
of the DuplicationNation.com. All the DuplicationNation.com
policies regarding customer orders, including product availability,
pricing and problem resolution, will apply to these customers.
DuplicationNation.com is not responsible for any representations
made by the Participant which contradict our policies.
Product prices and availability: The price charged for
every product sold under this program will be determined by the
DuplicationNation.com according to our own pricing policies.
In case of any price discrepancies, the price charged to the
customer will always be the price listed on the DuplicationNation.com
webpage linked from your sponsoring website.
Product availability can change, and DuplicationNation.com
will present the best information available to all sponsoring
sites and its clients regarding product availability.
Website service interruption: DuplicationNation.com
will make every effort to keep its website operational. However,
certain technical difficulties may, from time to time, result
in temporary service interruptions. The Participant agrees not
to hold the DuplicationNation.com liable for any of the consequences
of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize
our right of ownership of all Trademarks, Trade Names, and Patents
associated with these service. You will act consistently with
these rights and act to preserve them in the course of marketing
and sales of these service. We grant you the right to our Trademarks
and Trade Names in connection with marketing and sales of these
service.
Term of the Agreement: The Participant may receive referral
fee payments on qualifying orders that are placed during the
term of this agreement. This term will begin on the date that
your application is approved by DuplicationNation.com, and
shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation
of this agreement will remain payable only if the products are
not returned or canceled from their orders. Payment of the final
referral fee payment to the Participant may be withheld for a
reasonable time in order to ensure that the correct amount is
paid.
The agreement may be modified: DuplicationNation.com
reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by
posting a new agreement on our website.
Cancellation of this agreement: Either the DuplicationNation.com
or the Participant, acting in their sole discretion, may choose
to cancel this agreement at any time by written notice of cancellation
to the other.
Stuff only lawyers can understand (but it's part of the
agreement):
Warranty Disclaimer:
DuplicationNation.com makes no warranties, representations
or conditions with regard to the program or, except as expressly
set forth in DuplicationNation.com's then current product
sales policies, any products sold thereunder, whether express
or implied, arising by law or otherwise, including without
limitation any implied warranty of merchantability or fitness
for a particular purpose or non-infringement or any implied
warranty arising out of course of performance, course of dealing
or usage of trade.
Limitation of Damages: DuplicationNation.com 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, even if DuplicationNation.com
has been advised of the possibility of such damages. Further,
DuplicationNation.com's aggregate liability arising under
or with respect to this agreement or the program shall in no
event exceed the total referral fees paid or payable by DuplicationNation.com
to Participant under this agreement.
Miscellaneous: Participant and DuplicationNation.com
are independent contractors and nothing in this agreement is
intended to or will create any form of partnership, joint venture,
agency, franchise, sales representative or employment relationship
between the parties. Participant shall not assign this Agreement,
by operation of law or otherwise, without the prior written consent
of DuplicationNation.com. Subject to the foregoing restriction,
this agreement is binding upon, insures to the benefit of and
is enforceable by the parties and their respective successors
and assigns.
Governing Law: This agreement shall be
governed by the laws of the United States without reference to
its choice of law principles.
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