AFFILIATE PROGRAM |
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Thank you for your interest in selling information products by Shel Horowitz, We are pleased at your interest in being an affiliate, and eagerly look forward to reviewing your application (we'll respond by e-mail). Discount levels for our resellers are posted at http://www.principledprofit.com/commissions.html Please read our Affiliate Agreement, then fill in the information below. We require this information to keep track of your sales. Once we have reviewed your request, you will receive instructions via E-Mail on how to promote our books and other products. |
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Terms and Conditions: Affiliate Agreement This Affiliate Agreement ("the Agreement") is made between Shel Horowitz, d/b/a Accurate Writing & More/AWM Books, a sole proprietorship in Hadley, Hampshire County, Massachusetts, and you, as our Affiliate. References in this Agreement to "we," "our," or "us" refer to Shel Horowitz, d/b/a Accurate Writing & More/AWM Books; references to "you" and "your" refer to the Affiliate. 1. ACCEPTANCE. By clicking on the "I accept" button on our Affiliate Sign-Up page, you certify that you are at least 18 years of age and agree to keep the terms and conditions outlined in this Agreement. Acceptance of this Agreement is required to be an Affiliate, and to use our links, graphics, and utilities on your website or elsewhere. 2. DEFINITION OF AFFILIATE RELATIONSHIP. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books hereby grants to the Affiliate the non-exclusive and revocable right to market and advertise its Products and to establish links to any or all of our websites, the whole in accordance with this Agreement. As an Affiliate, you will be credited with a commission each time someone purchases a qualifying Product on any of our websites as a result of clicking on or typing a Qualified Link, or orders by phone or mail and credits you, according to the provisions in this Agreement. You and Shel Horowitz, d/b/a Accurate Writing & More/AWM Books are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties, and you may not make any oral or written statement to the contrary. You will have no authority to make or accept any offers or representations on our behalf. 3. QUALIFIED LINK means a hyperlink to any of our websites that contains your individual Affiliate code. Any change you make may cause the tracking to no longer function correctly; if the HTML code has been altered in any way, we may not be able to credit you for the sale. 4. TRACKING AND PAY-PER-SALE. When a visitor arrives at our site by clicking on or typing a Qualified Link containing your code, a cookie will be set in the visitor's browser with your Affiliate ID, and the visitor's IP address will be logged with your Affiliate ID. During that visit to our website or any later visit within the next 180 days, when a purchase is made, the commission will be given based on the existence of the cookie and/or a match of the IP address in the database, except that if a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale. You agree to accept the sales tracking as reported by the Affiliate management software we use. For phone and mail orders, if we can determine that the purchaser was sent by you, we will credit the purchase as if it used your link. However, we may at our option separate out payments through the affiliate software and through manual tracking. 5. PAYMENT RATE. Affiliate understands that
Please click here to view current commission rates. 6. PAYMENTS. Affiliates are not eligible to earn commissions on their original purchase of any Shel Horowitz, d/b/a Accurate Writing & More/AWM Books products. When your accumulated commission totals $25 or more at the end of any month, payments will be made via PayPal or check, usually within ten days of the end of the accounting period. United States Affiliates (individual/resident/corporation/business) will submit a completed W-9 Federal Tax form before the first check is issued to the Affiliate. We agree to issue an IRS Form 1099 to any United States Affiliates whose calendar year payments trigger 1099 reporting requirements under Federal tax law. We reserve the right to delay sending payment for one month, or, in exceptional cases, up to two months, to prevent suspected cases of Affiliate fraud. The Affiliate shall be responsible for all taxes and other similar levies payable under any law or regulation. Affiliate's marketing costs, including but not limited to web hosting, advertising, and licensing, are the sole responsibility of the Affiliate and shall not be reimbursed by us. 7. CHARGEBACK. If the purchaser makes a duplicate entry, enters through an non-qualified link, later returns a product for a refund, makes an unauthorized or disputed payment, or does not make full payment to us, payment made to the Affiliate for that purchase shall be canceled and refunded or charged against future commissions. 8. CHANGES TO THE PROGRAM. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books reserves the right, at any time, to change, modify, add, remove, or discontinue portions or the whole of this Agreement, by notifying Affiliates of such changes either via e-mail, postal mail, or by posting the changes on our website, at which time you may either agree to such changes or withdraw from the Affiliate Program. It is your responsibility to maintain current contact information on file with us, including e-mail. 9. AFFILIATE'S RESPONSIBILITIES.
b) Graphic Representation and Trademarks. The Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, as approved and/or required by us. We shall have the right, but not the obligation, to pre-approve the graphics and logos used on any website that is linked to its site. Affiliate agrees to maintain current pricing information and, if posting prices of our products on its website or any promotional materials, to post correct, updated prices. c) Prohibition Of Predatory Advertising And Marketing. The Affiliate agrees not to use any predatory advertising or marketing methods designed to generate unearned traffic to affiliate links of Shel Horowitz, d/b/a Accurate Writing & More/AWM Books. Predatory advertising is defined as any method that spawns more than one additional browser window, replaces affiliate codes, creates or overlays links or banners on web sites, harvests addresses, involuntarily intrudes upon the user, or uses any method currently in use or invented in the future, to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include, but are not limited to, e-mail spam, keyword-parsing browser plug-ins, banner replacement technology, and browser spawning technology that is not website dependent. Participation in predatory advertising or marketing will be cause for the Affiliate's immediate termination and forfeiture of any commissions accrued. You are welcome to use TinyURL, SnipURl, or another link cloaker that makes your affiliate link shorter, easier to remember, and harder to steal. However, please thoroughly test the URL before promoting it; we don't want you to lose out on any commissions because the link didn't work or doesn't properly track your commissions. 10. TERMINATION. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books reserves the right to deem any site inappropriate and terminate the Affiliate relationship. The following types of sites are specifically excluded from participation as Affiliates: adult (pornographic) sites or those that display adult banners, sites that promote violence, bigotry, hatred, or illegal activity. 11. LIMITATION OF LIABILITY. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books does not guarantee uninterrupted or error-free operation of our websites, ordering system or Affiliate tracking system. We do not warrant that the Affiliate program will meet the Affiliate's requirements. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books will not be liable to the Affiliate or any third party for any damages, including but not limited to lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or failure to operate the website, ordering system, or Affiliate tracking system, even if we have been advised of the possibility of such damages. 12. OWNERSHIP AND LICENSES. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books grants a non-exclusive, limited, revocable right to the Affiliate to use our cover images, trademarks and banners. All images, programs, HTML code, and content provided by Shel Horowitz, d/b/a Accurate Writing & More/AWM Books shall remain the sole property of the rights holder (usually, but not always, Shel Horowitz, d/b/a Accurate Writing & More/AWM Books), and no part is assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, trade names, and service marks remain the sole property of the rights holders, including rights in and to any derivatives of them. The Affiliate may only modify the trademarks, banners, the content, or any of our provided images with prior written permission from the rights holder. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books shall have the right, but not the obligation, to approve, in our sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product(s) any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications required by us on any site where any of our Products are offered for sale or preview. 13. TERM, MODIFICATION, AND TERMINATION. We may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in our sole discretion, by posting a change notice or a new agreement on its website. If any modification to this Agreement is not acceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change. This agreement shall remain in effect until terminated. The Agreement may be terminated by Shel Horowitz, d/b/a Accurate Writing & More/AWM Books or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use our banners, images, content, trademarks, etc. on your site. Unless requested to desist, you may continue to provide uncompensated hyperlinks to our sites. If you terminate your affiliate Agreement with us, you will receive any money for commissions owed through the date of termination, but no further commissions will accrue after that date. 14. ASSIGNABILITY. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books may assign this Agreement to any successor. The Affiliate, with written permission from AWM books or its successors or heirs, may also assign this Agreement. Such permission shall not be unreasonably withheld. 15. FORCE MAJEURE. Neither Shel Horowitz, d/b/a Accurate Writing & More/AWM Books nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond our or your reasonable control. In no event shall Shel Horowitz, d/b/a Accurate Writing & More/AWM Books be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. Shel Horowitz, d/b/a Accurate Writing & More/AWM Books shall not be liable for any damages if, for any reason whatsoever, its website fails or is non-operational for any reason whatsoever. 16. JURISDICTION. Regardless of where this agreement is executed, the Affiliate agrees that for purposes of venue, this contract was entered into in Hampshire County, Massachusetts, USA, and any dispute will be litigated or arbitrated in Hampshire County, Massachusetts or a nearby county. This Agreement shall be governed by Massachusetts law. 17. 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 not set forth in this agreement. 18. COMPLIANCE. We shall have the right, but not the obligation, to monitor the Affiliate's website at any time and from time to time to ensure compliance with the terms and conditions on this Agreement. 19. SEVERABILITY. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions. 20. SOLE AGREEMENT. This Agreement constitutes the sole agreement between Shel Horowitz, d/b/a Accurate Writing & More/AWM Books and the Affiliate regarding the Affiliate Program. Any breach of this Agreement by Affiliate may result in termination of the Affiliate agreement, forfeiture of commission, and/or other appropriate remedies, at the sole discretion of Shel Horowitz, d/b/a Accurate Writing & More/AWM Books. Failure to enforce these penalties does not waive any rights under this Agreement.
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