MarketingProfs Affiliate Agreement
Please read the agreement document below before registering.
1) Term of the Agreements: The term of this Agreement will begin with 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. Affiliates are only eligible to earn referral fees on sales occurring during the term.
2) Commissions: As consideration for all services performed by Affiliates under this agreement, MarketingProfs agrees to pay Affiliates a 30% commission for all yearly (not monthly) membership sales and seminar ticket sales referred to us by the Affiliate that settle successfully and outlast our 30-day money-back guarantee period. We will issue payments for eligible transactions on a monthly basis with a minimum payout level of $25. For example, sales made on April 25 - and not refunded by May 25 - are eligible for commissions paid in June, as long as the total is $25 or more. When it's less than $25, the commissions will be carried over until the Affiliate reaches the minimum threshold. Refunded transactions will be excluded from commissions.
3) Linking: We will provide Affiliates with links, including URL addresses and appropriate graphics (the Link Materials), with which you may use to link your Web site to our Web site. We grant accepted Affiliates a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement.
You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks and other rights in the Link Materials. You will use only these Link Materials to link your Web site to ours, and You will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
4) Tracking: MarketingProfs will track referrals from Affiliate sites for 90 days by placing cookies on the visitors' computers. This means visitors don't have to buy during the first visit to MarketingProfs. If they buy during a subsequent visit in the 90-day window, Affiliates will earn commissions. Cookies can be an imperfect tracking system. MarketingProfs will endeavor to ensure accurate tracking of referrals. Affiliates acknowledge and accept that the tracking system employed by MarketingProfs is not 100% fail-safe and that there may be instances of referral sales made that are not credited to an Affiliate for the following possible reasons:
As such, Affiliates will not hold MarketingProfs liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
5) Spam: MarketingProfs has a zero tolerance policy for spam (unsolicited email communications). Any Affiliate accused of spamming will be immediately suspended while MarketingProfs, in their sole discretion, determines the validity of a spam complaint. Valid spam complaints will result in the immediate termination of Affiliate account and forfeiture of any commissions owed.
6) 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.
7) 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.
8) 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.
9) 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 web site. 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.
10) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. 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. 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.