This agreement describes the entire terms and conditions
for participation in the 7opp.com Affiliate Program. In this agreement, the term
"Participant" refers to you (the applicant), and "sponsoring web site" refers to
your web site from which you will link to our website and our products.
7opp.com is the owner of all right, title and
interest including all intellectual property rights in and to the contents,
logos, style, design, look and feel, trade names, literary
works, computer and server-side software programs, products, goods and services (including and
all future versions thereof) currently entitled the ("Product"). Product refers
to the singular as well as the plural.
READ THIS - REFUND POLICY:
Buyers will be paying direct to your PayPal account, so as an affiliate for my products, you will be required to comply with these conditions:
you will honor my 60 day guarantee and 100% no-questions no-hassle refund policy
you will process all refunds within one working day of the request
you will NOT argue with the buyer by email or by any other method.
Anyone who will not support my 60-day refund terms should NOT sign up to participate in this program. Refunds are typically below 2% of total sales.
READ THIS - NO SPAM POLICY:
As an affiliate expecting to be paid for your efforts, you agree to comply with these conditions when promoting my products:
- you will NOT promote by email to anyone who has not given you permission (opt-in) to do so
- you will NOT use safelists, rented email lists, press releases, email blasts, forum spam, blog comment spam, click exchanges, etc.
- you will make NO CLAIMS about my product(s) that are not already reflected in my own salescopy for that product.
Anyone who can not or will not comply with these simple terms should NOT sign up to participate in this program. I have an aggressive lawsuit attorney on retainer and I will not hesitate to use her services to protect my business and personal interests.
READ THIS - PAYMENT OF COMMISSIONS:a PayPal Premier or
Business account is required.
Commissions are paid to your Premier or Business PayPal account immediately upon completion of the sale on PayPal's secure server.
To receive immediate commission payments ...
A Personal Paypal Account Will NOT Work and You Will NOT Be Paid.
You are responsible for compliance with your country's applicable tax laws and for dealing with tax authorities in your country and locale. You are responsible for accounting, escrowing, and paying any and all taxes due on income you earn from participation in this program.
Use of Commission Bearing Affiliate Links
You may add said links to your website, or remove such
links, at any time and without prior approval from 7opp.com.
Affiliate Sales Commissions:
If, as a result of a direct advertising effort of the
Affiliate, a referred customer of the Affiliate orders and pays for the Product
or other goods or services sold by 7opp.com in the future, 7opp.com shall pay
the Affiliate a sales commission determined in accordance with the Affiliate
Compensation Schedule which is set forth in this Agreement and which forms an
integral part of it. The commission is based upon the paid selling price of the
purchased goods or services before tax and excluding returns ("Sales
The purchase price of qualifying sales will count toward
the total sales during the calendar month in which such sales are made. Only
qualifying sales of the Product, to a customer and for which
7opp.com has received full
payment will qualify for the specified referral fee that may vary from product to product.
The completion of qualifying sales will generate payable commissions based
upon the following terms:
The sale was initiated and closed based on accepted ethics and Internet business practices with no misrepresentation or malfeasance on the part of the participant.
7opp.com uses the Rapid Action Profits system that pays affiliate commissions to your Business or Premier PayPal account immediately upon each sale you send to us. To particpate in this affiliate program, a Business or Premier PayPal account is required. A personal PayPal account will not work and said account type will not be paid.
All commissions due will be paid in full to the participants PayPal account immediately upon completion of sale. No
further commissions, amounts, or percentages will be escrowed or held back and no future payments will be due.
Participant can check the status of commissions earned at any time by
visiting the site at the link provided on our site.
If a refund is requested by a customer on a qualifying sale, the participant agrees to issue said refund within
one (1) working day from the time the refund request was received.
Delivery and Order Processing:
7opp.com will be solely responsible for
processing every order placed by a customer following a special link from the
sponsoring web site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility of 7opp.com.
All of the rules, operating procedures and policies of 7opp.com regarding customer orders and accounts will apply to orders we
receive through special links on your sponsoring web site.
7opp.com reserves the right
to reject any order at its sole discretion.
The participant is solely responsible for ensuring that
your reviews and descriptions comply with all applicable copyright and other
laws and shall hold 7opp.com harmless for any violations thereof.
Customers of 7opp.com:
Every customer who purchases a product is deemed to be a
customer of 7opp.com. As such, 7opp.com is not responsible for any representations made by
the Participant which contradict or conflict with our policies and/or the content of our sales materials.
Pricing and Availability:
All prices shall be established by 7opp.com. In case of any price
discrepancies, the price charged to the customer will always be the price listed
on the web page linked from your sponsoring web site.
Operation of Web site and Processing:
7opp.com will make all reasonable efforts to
keep its web site operational. However, certain technical difficulties may, from
time to time, result in temporary service interruptions. 7opp.com shall not be liable
for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:
7opp.com reserves the right to change any of the terms and
conditions in this agreement, at any time and in its sole discretion, by posting
said new terms on this web site. Said modifications shall be deemed accepted by
Participant of 7opp.com's affiliate program are independent
contractors and nothing in this agreement is intended to or will create any form
of partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties.
Term and Termination
The term of this Agreement will begin when you accept
and will end when terminated by either party. Either 7opp.com or you may
terminate this Agreement at any time, with or without cause, by giving the other
party written notice of termination. Upon the termination of this Agreement for
any reason, all licenses and priviledges granted hereunder shall immediately terminate and you
will immediately cease use of, and remove from Affiliate's Web Site, all links
to the 7opp.com Site, and all 7opp.com trademarks and logos,
other 7opp.com Marks and all other materials provided in connection with this
We may reject your application or terminate you if we determine (at our sole
and incontrovertible discretion) that your site is unsuitable for the Program for any reason,
including, harmful, threatening, defamatory, obscene, sexually explicit
harassing, or racially, ethically, or otherwise objectionable, such as sites
Promote sexually explicit materials;
Promote any form of discrimination based on political affiliation, gender, religion, nationality, disability,
sexual orientation, or age;
Promote or advocate any type of illegal activities; or
Infringe or otherwise violate any copyright, trademark, or other intellectual
property rights of 7opp.com, of Dan B. Cauthron, or of any other third party individual or entity.
Compliance with Applicable Laws
You are solely responsible for the accuracy and
appropriateness of all materials posted on Affiliate's Web Site, and for
ensuring that your activities and materials posted on Affiliate's Web Site are
not defamatory, in violation of copyright laws or otherwise illegal. You agree
to indemnify and hold 7opp.com harmless for any violations of the foregoing.
7opp.com disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS AGREEMENT, 7opp.com WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL
OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR
ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF 7opp.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
7opp.com'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE
TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to 'Clearly and Conspicuously' divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from 7opp.com, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by 7opp.com and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold 7opp.com responsible in any way for actions or use of promottional materials not sanctioned by 7opp.com
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf ) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for 7opp.com
Failure to do so may (at the sole discretion of 7opp.com) result in immediate termination of your affilaite account, and forfieture of any commissions accrued.
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 Sites will be uninterrupted or error-free, and we will not be
liable for the consequences of any interruptions or errors.
Mediation & Arbitration
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator in the
following location: Adair County Oklahoma. Any costs and fees other than attorney fees associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Adair County Oklahoma, under the rules of the American
Arbitration Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so. Mediation will be shared
equally by each of us.
Entire Agreement. This Agreement constitutes and contains the entire
agreement between the parties with respect to the subject matter hereof and
supersedes any prior oral or written agreements. This Agreement may not be
amended except in writing signed by the parties. Each party acknowledges and
agrees that the other has not made any representations, warranties or agreements
of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this
Agreement to any party.
Applicable Law. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Oklahoma without regard to the
conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum
extent necessary such that the intent of the parties is effectuated, and the
remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax
or written letter to the number or address you provide.
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