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Drum Building
Secrets Affiliate Agreement
This
agreement describes the entire terms and conditions for participation
in the Drum Building Secrets Affiliate Program.
In this agreement, the term "Affiliate" refers
to you (the applicant). Wherever the agreement refers to "you"
or "your", it means "the Affiliate"; "we"
or "our" refers to Drum Building Secrets
Affiliate Site
ClickBank will create a unique URL for you when you submit
a complete Affiliate Enrollment Form.
Commissions
You will receive 40% of the revenue as a commission from orders
placed through your Affiliate Site (unless noted otherwise
for a particular product) less the charges outlined by ClickBank
in their agreement http://www.clickbank.com/paychecks.html.
For a sale to generate a commission to an Affiliate, the customer
must complete the order form and remit full payment for the
product ordered. Commissions will only be paid on sales which
are made through qualified Affiliate links.
Payment
ClickBank will send a check for the applicable commissions
within the framework of their policies http://www.clickbank.com/paychecks.html.
If any order that generated a referral fee is returned by
the customer, or if there are any returned checks or chargebacks,
the amount will be deducted by ClickBank from the next payment
due affiliate.
Order Fulfillment
Drum Building Secretswill be solely responsible for processing
every order placed by a customer on the Affiliate Site. You
are not authorized to sell any of these products from your
site as a "reseller" and no "resale" rights
are granted in ANY way on these products unless otherwise
noted.
Customers
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of Drum Building Secrets.
Accordingly, all Drum Building Secrets rules, policies, and
operating procedures concerning customer orders and service
will apply to those customers. We may change our policies
and operating procedures at any time. Prices and availability
of our products and services may vary from time to time. Drum
Building Secretspolicies will always determine the price paid
by the customer.
Qualifying Sites
Drum Building Secretsreserves the right not to accept
any site into the Affiliate Program based on site content.
Sites that Do Not Qualify for the Drum Building SecretsAffiliate Program include sites which:
* promote sexually explicit materials
* promote violence
* promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
* promote illegal activities
* violate intellectual property rights
Unsolicited Commercial Email or SPAM
Drum Building Secretsin no way participates in mass unsolicited
emailing (i.e. spamming), and all Affiliates are expected
to adhere to this policy as well. Violation of this policy
will result in the termination of this contract and immediate
dismissal from the Drum Building SecretsAffiliate Program,
with no refunds. Also, those found to be spamming will be
reporter to the FTC and every other governing body we can
find.
Bottom line: If you spam you’re out and, based on the new
spam laws, you will potentially face severe criminal and legal
penalties!
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 this statement.
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 commissions paid
or payable to you under to this Agreement.
Due to the Clickbank.com affiliate sign up procedure and
since we have no control over or means to communicate with
affiliates who sign up with clickbank and choose to promote
us without reading and accepting our affiliate agreement or
over affiliates who choose to promote us using illegal methods
such as Spam or using material that violates intellectual
property rights without our knowledge, we will not be liable
for indirect, special, or consequential damages (or any loss
of revenue, profits, or data) in connection with our affiliates,
with our affiliate Agreement or the Program, even if we have
been advised of the possibility of such damages.
Disclaimers
We make no express or implied warranties or representations
with respect to the Affiliate Program or your potential to
earn income from the Affiliate Program. In addition, we make
no representation that the operation of our site or the Affiliate
links will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or errors.
Any disputes between the parties to this agreement which
involves interpretations of the terms of this agreement shall
be submitted to arbitration under the rules of the American
Arbitration Association, and the finding of the Arbitrator
shall be binding on all parties. 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 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.
By signing up with ClickBank, you acknowledge that you have
read this agreement and agree to all its terms and conditions.
You have independently evaluated this program and are not
relying on any representation, guarantee or statement other
than as set forth in this agreement.
Back
To Drum Building Secrets Affiliate Program
©2009
www.Drum-Building-Secrets.com, Avalanche
Holdings LLC
39 Washington Street, Novato, CA 94947
Phone 415-892-3871 Fax 415-449-3469 Contact
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