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Affiliate
Program Agreement
This Agreement contains the complete
terms and conditions that apply to your participation as an Affiliate
in the Affiliate Program of The Mental Keys, and the establishment
of your affiliate links to our web site, "www.mentalkeys.com".
Please read and understand this
agreement before completing our signup form. Submission of
your application means that you accept the terms and conditions
of this agreement. This agreement supersedes any previous affiliate
agreement you may have previously had with Michael Anthony and The
Mental Keys.
Joining Our Affiliate Program
Please read and understand this agreement.
Then proceed by completing our Signup Form.
While we look forward
to accepting your application, we reserve the right to not approve
your site if it is unsuitable for or not related to our program.
Unsuitable sites are those that contain sexual content or promote
violence, discrimination, illegal activities or anything else we
deem inappropriate for us or our other affiliates.
Linking To Our Site
After submitting your application, your website will be reviewed.
If your website and application is approved, you will receive your
login information personal Affiliate ID tracking link by e-mail.
Go to the Affiliate Resource Center Login for banners and book cover
with links to place on your web site. All we require is a
single link from your website to ours. With more links to
our web site you will increase your commission potential, but we
leave it up to you.
Once you are approved
and place our affiliate links on your site, you will start receiving
monthly commissions when you refer visitors to our site and they
purchase "The Mental Keys" book and "Polish the Wheel"
CD utilizing your Affiliate ID. We will not be liable to you
with respect to any failure by you to correctly use these links
with your affiliate code properly formatted. If you need help,
please contact us.
Processing Your Referral
Orders
We will process and fulfill orders placed by customers who follow
links from you with your affiliate code to our site. We use
"1ShoppingCart"
software to track
your referrals to our site. This is one of the best affiliate
tracking software programs available which insures you third party
tracking and independent reporting.
We will track sales made
to customers who purchase "The Mental Keys" book and "Polish
the Wheel" CD using links with your affiliate code from your
site to our site. We will keep you informed by sending a confirmation
e-mail with each sale and provide reports summarizing your site's
sales activity. You will be able to view all activity generated
through your site by visiting the Resource Center thru your Affiliate
Login.
Affiliate Commission
Schedule and Payments
To receive a commission on sales of "The Mental Keys"
book and "Polish the Wheel" CD, the customer must follow
a link from you with your affiliate code to our site, purchase using
our automated ordering system, accept delivery, and remit full payment
to us. This Affiliate Program pays commissions only for book
and CD sales from assigned 1ShoppingCart affiliate links to our
site. You may purchase "The Mental Keys" book and
"Polish the Wheel" CD for your own use.
An affiliate commission
of 30% is paid on the $79.95 price of book and CD and does not include
the sales tax or shipping and handling. Foreign affiliates are welcome,
but we only pay in U.S. currency.
Our affiliate commission
is calculated as follows:
Affiliate book and CD
sales @ $79.95 X 30% = $23.98 com
All commissions earned
by an Affiliate will be paid monthly, within two weeks following
the end of each month. If a sale that generated a commission
is not completed, voided or returned by the customer, we will deduct
the corresponding commission from your current or a following monthly
payment. If their is no subsequent payment, we will send you
a bill.
You will be given notice
by e-mail of any price changes.
Limited License To
Use Our Materials
We grant you a nonexclusive, revocable right to use the graphic
image, text and mental golf tips we may provide, solely for the
purpose of identifying your site as an Affiliate participant and
to assist in generating book and CD sales.
We reserve all of rights
to the above, especially the mental golf tips and all other intellectual
property rights. We may revoke your license at any time by
giving you notice by e-mail. If we revoke your limited license,
you must immediately remove all of our materials and affiliate links
from your site and/or newsletter.
You Are Responsible
for Your Site
You are solely responsible for the development, operation and
maintenance of your site and for all materials that appear
on your site. We disclaim all responsibility for your site.
Further, you will indemnify and hold us harmless from all claims,
damages and expenses (including, without limitation, attorney's
fees) relating to the development, operation, maintenance, and contents
of your site or our website.
You acknowledge and agree
that we may utilize your web site's name and URL to list our member
affiliates for use on our site and any promotions, reviews or advertising.
Term of This Agreement
The term of this Agreement will begin upon our acceptance and
approval 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 e-mail
notice of termination. You are only eligible to earn referral
commissions on sales occurring during the term. We may withhold
your final payment for a reasonable time to ensure their are no
returns or cancelled orders and that the correct amount is paid.
If there is no referral
activity from your account for three consecutive months or less
at our choice, your account may be automatically terminated without
email or any other notice. If your account is automatically terminated
due to no referral activity, you are always welcome to reapply as
a new affiliate.
Upon termination of this
Agreement for any reason, you will immediately cease use of, and
remove from your site, all links to our site and all other materials
provided by us in connection with this Program, especially the
mental golf tips.
Modification of This
Agreement
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 of notice or a new agreement on our site. Modifications
may include, for example, changes in the referral commission
schedules, payment procedures and Program rules.
IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. Continued participation in the Affiliate Program following our
posting of change notice or new agreement will constitute binding
acceptance of the change.
Independent Contractors
You understand and agree that you and I are acting as independent
contractors and as such you will be responsible for your own taxes
and any other tax liabilities that affect the sales of our products
in your state. Nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative, or employment
relationship between us.
Spyware
and Other Parasites
Any affiliate suspected of a
relationship, formal or informal, with any provider of spyware or
parasitic software (as judged by any interference with the operation
by design of MERCHANT and/or its partner sites) is subject to punitive
actions by MERCHANT, without notice, including but not limited to:
suspension of affiliate account; termination of affiliate account;
withholding of payments to affiliate; and public notification of
affiliate's suspected malfeasance. MERCHANT encourages affiliates
to report suspicions of such relationships; and, should substantial
proof, as judged by MERCHANT, be provided, MERCHANT reserves the
right to assign a value equal to unpaid monies earned by the offending
affiliate (or a part thereof) to the reporting affiliate as a bounty.
Other Terms and
Conditions
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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.
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We make no
representation that the operation of our site will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
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You have
independently evaluated the desirability of participating in
this Program and are not relying on any representation,
guarantee, or statement other than as set forth in this
Agreement.
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This Agreement will
be governed by the laws of the United States and the State of
California. Any action relating to this Agreement must be
brought in the federal or state courts located in San Francisco,
California, and you irrevocably consent to the jurisdiction of
such courts.
If you agree to all of the above,
proceed to our Signup
form. Submission of your application
means that you accept the terms and conditions of this agreement.
Signup
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