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This agreement is by and between the Easy Marketing
Group who own “FastPLR.com” and/or their assigns and
all affiliates. Unless the context requires
otherwise the Easy Marketing Group and/or their
assigns shall be referred to as “us, “we”, or “our”
and you shall be referred to as “you”, “your” or
“affiliate.”
You understand that the Easy Marketing Group and/or
their assigns does not guarantee or predict any type
of profit or response from said services. You agree
to hold the Easy Marketing Group harmless from and
against any and all losses, claims, expenses, suits,
damages, costs, demands or liabilities, joint or
several, of whatever kind or nature which the Easy
Marketing Group and/or their assigns may become
subject arising out of or relating in any way to the
use of the services or products described under this
agreement, including, without limitation, in each
case attorneys’ fees, costs and expenses actually
incurred in defending against or enforcing any such
losses, claims, expenses, suits, damages or
liabilities.
Affiliates agree and warrant that you will comply
with all local, state and federal laws (including,
but not limited to, the “CAN-SPAM” Act, effective
January 1, 2004) regarding the sending of e-mails.
1. Joining the Program
By filling out the signup form you will
automatically become an Affiliate and are bound by
the terms of this agreement. Your participation in
the program is solely for this purpose:
To legally advertise our individual products to
receive a commission on products purchased by your
referral individuals. We agree to pay you certain
commissions as described in our Affiliate Management
program for referral sales made.
2. Notification of Account Changes.
You agree to provide us with such other information
relating to your operating as an Affiliate for “Fast
PLR” products as we deem necessary or desirable. You
agree to notify us if your address, email address,
telephone number or billing information changes.
3. Notices.
All notices, requests, demands, and other
communications under this agreement shall be in
writing via electronic mail and shall be deemed to
have been given on the date of delivery.
4. Payment Schedule
Eligible payments – all affiliate commissions due
for orders generated as a result of affiliate links
sending visitors to our sites will be paid to your
PayPal account on the last weekend of the month for
sales generated during the previous month according
to the terms and conditions of this document.
5. Revocation of Affiliate Status
Your affiliate application and status in the program
may be suspended or terminated for any of the
following reasons:
Inappropriate advertisements (False claims,
misleading hyperlinks)
Spamming (mass email, mass newsgroup posting, etc…)
Advertising on sites containing/promoting illegal
activities
Violation of intellectual property rights.
6. Affiliate Links
You may use graphic and text links both on your Web
Site or your blog or your social bookmarking site
and in emails. The individual sites may also be
advertised “offline” in classified ads, magazines,
and newspapers. You may use the graphics and text
provided to you by us, or you may create your own as
long as they are approved by us before use.
7. Affiliate Tracking
When a web surfer clicks through your Affiliate
link, a cookie is set in their browser that contains
your affiliate username. Also, their IP address is
tracked in the database along with your affiliate
name. When this person decides to buy a product,
the script will look for this cookie and/or try to
match their IP address to identify the affiliate who
will be awarded the commission. Visitors sent
through your affiliate link may make a purchase
later in time and the commission will still be
awarded if the cookie is present in their browser
and/or they are using the same IP address as the one
logged in the database.
8. Terms of the agreement
In addition to the other provisions herein, you
agree to:
a) use our affiliate program and promote our
products in a manner that is ethical and in
conformity with community standards.
b) respect the privacy of other affiliates (you
shall not intentionally seek data or passwords
belonging to other affiliates, nor will you modify
files or represent yourself as another affiliate.
c) respect the legal protection provided by
copyright law, trade secret law, or other laws
protecting intellectual property.
d) accept commercial emails from us.
These terms will begin upon your signup with the
Affiliate program and will end when your Affiliate
account is terminated. The terms of this agreement
may be modified by us at any time. If any
modification to the terms is unacceptable to you,
your only choice is to terminate your affiliate
account. Your continuing participation in the
program will constitute your acceptance of any
change.
9. Change of Terms and Conditions.
We reserve the right to change the terms and
conditions of this agreement as needed. Continued
promotion of our products after said changes
constitutes acceptance of those new terms and
conditions. If you do not agree to the new terms
and conditions, you may terminate this agreement.
10. Termination. We may terminate your account:
a) if you violate our Terms Of Service Policy.
b) if you promote the “Fast PLR” products in a
manner that is unethical or inappropriate.
c) for any reason, in our sole discretion.
If we learn of a violation or likely violation of
our TERMS OF SERVICE, we will attempt to notify you.
If you do not take immediate remedial action which
is satisfactory to us, or in the event of a serious
violation of the TERMS OF SERVICE, we reserve the
right to terminate your account immediately.
Every effort will be made to inform you prior to
account termination, and to re-establish your
account upon receiving such representations from you
as we deem appropriate in the circumstances.
11. No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED
OR IMPLIED, WITH RESPECT TO THE SERVICE the Easy
Marketing Group, ITS SUBCONTRACTORS AND AFFILIATES
PROVIDE YOU. We expressly disclaim any implied
warranty of merchantability or fitness of our
products for a particular purpose. We shall not be
liable for any damages suffered by you, whether
indirect, special, incidental, exemplary, or
consequential, including, by not limited to, loss of
data or service interruptions, regardless of cause
or fault. We are not responsible for your lost
profits or for your loss of data or information. If
notwithstanding this clause we are held liable to
you.
12. Liability
We will not be liable for indirect or accidental
damages (loss of revenue, commissions) due to
affiliate tracking failures, loss of database files,
and any results of “intents of harm” to the program
or our website.
We do not make any expressed or implied warranties
with respect to the Affiliate program and/or
products sold by the Easy Marketing Group. We make
no claim that the operation of the affiliate program
and our website will be error-free and we will not
be liable for any interruptions or errors.
Affiliates shall indemnify and hold the Easy
Marketing Group harmless from any and all legal
actions, damages or liabilities incurred from the
day-to-day operations of the Affiliate. Under no
circumstances will the Easy Marketing Group be
liable whether in tort, contract or otherwise for
indirect, incidental, consequential, special or
exemplary damages (including but not limited to
damages for any loss of revenue, profits, business
interruption, loss of business information or data,
loss of goodwill, work stoppage, hardware or
software failure, or other pecuniary loss) arising
from or relating to any provision of this Agreement
or the program. Without limiting the foregoing the
Easy Marketing Groups aggregate liability arising
with respect to this Agreement will not exceed the
total fees paid or payable to an Affiliate under
this agreement.
13. Assignment.
This agreement is personal to you. You may not
assign your rights under this agreement without our
prior written consent. If you do assign your rights,
as would be the case were someone other than you to
use your account, you shall remain liable to us for
any fees due under this agreement.
14. General Provisions.
The subject headings of the articles and sections
are for convenience only, and shall not affect the
construction or interpretation of any of its
provisions. If any portion of this agreement is
found invalid or unenforceable, that portion shall
be severed and the remainder of this agreement shall
remain in force. This agreement constitutes the
entire agreement between us pertaining to its
subject matter and supersedes all of our prior
agreements, representations, and understandings. No
supplement, modification, or amendment of this
agreement shall be binding unless executed in
writing by both parties. No waiver of any of the
provisions of this agreement shall be deemed, or
shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be
binding unless executed in writing by the party
making the waiver. This agreement may be executed
in one or more counterparts. Each shall be deemed
an original, but all of which together shall
constitute one and the same instrument. If an
organization is the affiliate, the individual
signing up for our services represents that he or
she is duly authorized to enter into this agreement
on behalf of that organization.
15. Disputes.
In the event of a dispute between the parties, then
both parties agree to take the matter before
arbitration/mediation on the Gold Coast, Queensland,
Australia. Should the Easy Marketing Group request
arbitration/mediation in lieu of formal legal
process both parties mutually agree that the sole
legal venue for all disputes shall be in Courts of
Brisbane, Queensland, Australia.
You further agree that the Easy Marketing Group will
own all rights, titles and interests in and to all
information that is created or collected in the
operation of the “Fast PLR” Website and reserves the
right to amend or terminate this Agreement at any
time, with or without notice to Affiliate.
By using the below link to our Affiliate Application
Form you acknowledge that you have read these terms
and conditions for the “Fast PLR” Easy Marketing
Group Affiliate Program and that you have understood
and unreservedly agree with them. |