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By
becoming an affiliate of Effexis Software, LLC, you
agree to abide to the terms and conditions of this
affiliate agreement above and beyond the terms and
conditions of the Plimus affiliate agreement.
This agreement covers the affiliate
program for effexis.com, sequencediagrameditor.com,
timethoughts.com, and masteryourtimenow.com, which are
owned by Effexis Software, LLC (Effexis.)
Plimus Affiliate Program
You acknowledge that Plimus is the
e-commerce provider that operates the Effexis affiliate
program and is responsible for all tracking, reporting,
and payments to affiliates.
Commissions
You will receive up to 50% commissions
for orders referred through your affiliate links. For a
sale to generate a commission, the customer must
complete the purchase of the product(s) through the
Plimus order process, and must have the affiliate
"cookie" in the PC used to purchase the products at the
time of purchase.
The "cookie" is only placed on a
user's PC when they follow your correctly structured and
coded affiliate link using a web browser that supports
storing cookies. Word of mouth or other types of
referrals that don't follow your affiliate link will not
result in a commission.
Affiliate is solely responsible for
using a correctly structured and coded affiliate link to
refer potential customers.
You acknowledge that if the customer
removes or blocks the "cookie" from his/her PC before
the purchase, your commission may not be correctly
tracked.
Order Fulfillment
Effexis (through Plimus) will be
solely responsible for processing every order placed by
customers on any of our websites. Affiliates are not
authorized to collect payments or sell any Effexis
products. Affiliates are not "resellers" of Effexis
products and no "resale" rights are granted by
participating in the affiliate program.
Affiliates are not authorized to sell
any Effexis products on eBay or any other auction site.
Affiliates are not authorized to give away or otherwise
distribute Effexis products.
Affiliates acknowledge that Effexis is
responsible for customer support, and that no physical
product is shipped for electronic delivery products.
Marketing
If you promote products offered by
Effexis, you agree to the following terms:
- You agree not to use unlicensed
materials protected by trademark or copyright laws.
- You agree to comply with federal
and state laws, including US laws regarding
unsolicited commercial email (UCE), spam, and FTC
laws.
- You agree to not promote any
gambling or sexual material from the same website
where you promote Effexis products.
- You agree not to use mass
unsolicited emailing (i.e. SPAM) in any of your
promotions. You agree that any mailings must be done
to double opt-in lists where you have proof that
information is requested from you.
- You agree not to use other types
of Internet abuse (such as forum spam, blog spam, or
other types of spam) to promote products.
The following activities are
considered Internet abuse and/or spam and may not be
used when promoting Effexis products:
Electronic email messages addressed to
recipients with whom the sender does not have a prior
business or personal relationship, or is not sent at the
request of, or with the express consent of, the
recipient through a valid opt-in procedure.
Solicitations posted to chat rooms, or
to individuals or groups using an "Instant Messaging"
system.
Messages posted to forums, blogs,
Usenet, or other message boards that are unrelated to
the topics of discussion, posted excessively, or against
the owner's rules and/or policies.
Affiliates participating in SPAM or
other forms of Internet abuse may be removed from the
program at any time.
Qualifying Sites
Effexis reserves the right to refuse
entry or drop any affiliate from the affiliate program
based on website content. The following types of
websites do not qualify for the Effexis affiliate
program. Websites that:
- Violate intellectual property
rights (including copyright and trademark)
- Promote sexually explicit
materials or violence
- Promote illegal activities
- Discriminate based on race, sex,
religion, nationality, age, or disability
Payment
You agree that Plimus is responsible
for all commission tracking and payments that result
from this affiliate program.
Customers
Customers who purchase Effexis
products or services after being referred through your
affiliate link will be deemed to be customers of
Effexis.
Pricing
Effexis reserves the right to change
product prices at any time and without notice, including
running special promotions and/or discounts. All
commissions are based on the price of products at the
time of purchase.
Product availability is also subject
to change without notice.
Relationships of Parties
You acknowledge that affiliates and
Effexis are independent parties. Nothing in this
agreement will in any way constitute any association,
partnership or joint venture between You and Effexis, be
construed to evidence the intention to establish any
such relationship or be construed as making You an
employee, agent or legal representative of Effexis.
Limitation of Liability
You agree to indemnify Effexis from
and against any liability that Effexis may incur arising
from Your breach of this agreement or Your participation
in the affiliate program. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFEXIS
OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION GENERAL, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES
FOR PERSONAL INJURY, LOSS OF PROFITS, LOSS OF
CONFIDENTIAL INFORMATION, LOSS OF DATA OR BUSINESS
INTERRUPTION), HOWEVER CAUSED, WHETHER FORESEEABLE OR
UNFORSEEABLE, ON ANY THEORY OF LIABILITY (INCLUDING
WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OR FAILURE
OF EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION,
NEGLIGENCE OR STRICT LIABILITY IN TORT) AND WHETHER OR
NOT EFFEXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, BASED ON CLAIMS OF YOU OR ANY OTHER PARTY
ARISING OUT OF OR IN ANY WAY RELATED TO (A) THIS
AGREEMENT, (B) THE NEGLIGENCE OF EFFEXIS OR ITS
EMPLOYEES, CONTRACTORS OR AGENTS, OR OF ANY SUPPLIER,
THAT IS IN ANY WAY RELATED TO THE PERFORMANCE OF
OBLIGATIONS UNDER THIS AGREEMENT, (C) YOUR USE OR MISUSE
OF THE AFFILIATE PROGRAM, (D) YOUR INABILITY TO USE THE
AFFILIATE PROGRAM, (E) THE PROVISION OR FAILURE TO
PROVIDE SUPPORT SERVICES, (E) THE TERMINATION OF THIS
AGREEMENT BY EITHER PARTY FOR ANY REASON OR (F)
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF
THIS AGREEMENT.
Termination
Without prejudice to any other rights
or remedies it may have under applicable law, Effexis
may terminate this agreement if You fail to comply with
its terms and conditions.
Effexis reserves the right to
terminate this agreement at any time and for whatever
reason.
In that event, You or Your
representative shall cease to use any affiliate links
and agree to forfeit any potential future commissions.
Jurisdiction
This agreement is governed by the laws
of the State of California and the United States of
America. This agreement is deemed entered into at San
Diego, California by both parties. You hereby consent to
the exclusive jurisdiction of the courts in San Diego
County, California for the resolution of any dispute
arising our of or otherwise related to this agreement.
Disclaimers
Effexis makes no express or implied
warranties or representations regarding the operation,
tracking, error-free status, and/or availability of the affiliate program,
or your potential to earn income by using this program.
By continuing in the Effexis affiliate
program, you acknowledge that you have been made aware
of this agreement, have read it, and agree to all its
terms and conditions.
Earnings Disclaimer
Any earnings or income statements
displayed on any Effexis website or in emails sent by
Effexis are only estimates. There is no assurance or
guarantee that your experience will be similar.
You agree that Effexis is not
responsible for the success or failure of your business
decisions relating to any information presented by
Effexis.
This agreement is subject to change at
any time without notice. All
rights reserved. |
