This agreement describes the entire terms and conditions for participation in the Lifetime Marketing Success, Inc.'s Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring web site" refers to the web site from which you will link to us.
Lifetime Marketing Success, Inc. (whose family of sites include, but are not limited to, InstantMLMSalesLetters.com, OnlineProspectingSecrets.com, MLMblog.com, etc.) is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.
You can add or remove links any time you wish.
You may add as many links to our sites, or remove such links, at any time and without prior approval from Lifetime Marketing Success, Inc.
Affiliate Sales Commissions:
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by Lifetime Marketing Success, Inc. in the future, Lifetime Marketing Success, Inc. shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and shipping/handling, and excluding returns ("Sales Commission").
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which Lifetime Marketing Success, Inc. has received full payment will qualify for the specified affiliate commission.
Lifetime Marketing Success, Inc. sends out commission payments via PayPal (unless alternate arrangements are made) in the following amounts, on or about the twentieth day of every month, on all sales made between the first and last day of the previous month.
The total of such sales in any given month will generate commissions, based upon the following schedule:
Digital Products: Up to 40% on any first tier sales and up to 10% on any second tier sales (determined by product).
Physical (Shipped) Products: Up to 25% on any first tier sales and 5% on any second tier sales (determined by product).
Amounts less than $15.00 (if alternate payment arrangments are made) may be held until the next calendar month in which the cumulative referral fee due exceeds $15.00, or until this agreement is canceled.
Participant can check the status of commissions earned at any time by visiting our affiliate program stats page.
If a refund is requested by a customer on a qualifying sale, its affiliate commission will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed for the outstanding amount.
(Please Note: We reserve the right to void commissions on sales where you buy our products through your own affiliate link, thus in effect giving you a "discount" on the product and cheating other affiliates out of their commissions.)
Due to an increasing amount of International fraud - this program is now ONLY open to those persons living in the US, Canada, UK, Australia, and New Zealand. If you do not live in one of these countries, and you still want to participate AND receive commissions, please send an e-mail to the contact information found at the bottom of our site with your web site information, URL and details about your visitors and/or your opt-in list, etc. If you are not granted an exception no commissions will be paid.
Delivery and Order Processing:
Lifetime Marketing Success, Inc. will be solely responsible for processing every order placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Lifetime Marketing Success, Inc.
All of the rules, operating procedures and policies of Lifetime Marketing Success, Inc. regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. Lifetime Marketing Success, Inc. reserves the right to reject any order at its sole discretion.
Copyrighted Material:
The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold Lifetime Marketing Success, Inc. harmless for any violations thereof. You may NOT give "samples" of our content without our express written permission.
Customers of Lifetime Marketing Success, Inc.:
Every customer who purchases a product is deemed to be a customer of Lifetime Marketing Success, Inc. Lifetime Marketing Success, Inc. is not responsible for any representations made by the Participant which contradict our policies.
Pricing and Availability:
All prices shall be established by Lifetime Marketing Success, Inc. In case of any price discrepancies, the price charged to the customer will always be the price listed on the main sales webpage they originally viewed.
Operation of Web site and Processing:
Lifetime Marketing Success, Inc. will make all reasonable efforts to keep its web sites operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Lifetime Marketing Success, Inc. shall not be liable for any of the consequences of service interruptions, which may occur. We track by cookies for 10 years and by IP address for 30 days (as a backup) - but will shall not be held liable for what happens to the cookies of your referrals (ie, if they choose to delete them in the future, etc.)
Modification and Cancellation:
Lifetime Marketing Success, Inc. reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.
Independent Contractors:
Participant of Lifetime Marketing Success, Inc. affiliate program 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.
Term and Termination:
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Lifetime Marketing Success, Inc. 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 our family of Web Sites, and all Lifetime Marketing Success, Inc. trademarks and logos, other 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 also reject applicants from countries which are known for a high level of Internet fraud.
We do not allow our affiliates to send spam or unsolicited email of anykind. We only allow our affiliates to use email marketing if it is to an opt-in list they have built from scratch, or to their customer list. We do NOT allow affiliates to promote the product via safelists or co-registration lists. If you violate these rules we will have no choice but to terminate your account and you may also forfeit all outstanding commissions.
Compliance with Applicable Laws:
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate's Web Site, and for ensuring that your activities and materials posted on Affiliate's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Lifetime Marketing Success, Inc. harmless for any violations of the foregoing. Lifetime Marketing Success, Inc. disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, LIFETIME MARKETING SUCCESS, INC. WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF LIFETIME MARKETING SUCCESS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL LIFETIME MARKETING SUCCESS, INC.'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER 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.
Mediation & Arbitration
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator, pursuant to the Federal Arbitration Act, in the following location: Fairfax County, Virginia. 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, pursuant to the Federal Arbitration Act, at the following location: Fairfax County, 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.
Miscellaneous
Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment:
You may not assign your rights or obligations under this Agreement to any party.
Applicable Law:
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia without regard to the conflicts of laws, rules and principles thereof.
Severability:
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Notices:
Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
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.