Affiliate Agreement
Terms & Conditions
This page describes the terms and conditions which
govern your participation in the LifeChecks.com Affiliate
Program.
I
agree to the Terms & Conditions of the LifeChecks
Affiliate Program.
“Affiliate”, “You” and “Your”
refer to you the applicant. “We”, “Our”
and “Us” refer to LifeChecks.com. “Referring
Web Site” refers to the web site from which you
link to our web site.
Referral Web Site:
Affiliate may provide a link from a Referring Web Site
to our web site and earn referral fees. Affiliate may
remove said link from a Referring Web Site and re-link
to our web site at any time without prior approval.
Affiliate may not display our name or link in any way
that may defame us or mislead the customer.
Affiliate may not link to our web site from a Referring
Web Site which engages in or promotes SPAM, pornographic
material, violence, discrimination based on race, gender,
religion, nationality, disability, sexual orientation,
or age.
The Affiliate must ensure that materials posted on
your site do not violate or infringe upon the rights
of any third party and are not libelous or otherwise
illegal.
If the Affiliate specifies a price point for our products
in its marketing and advertising, it shall ensure that
it is updated regularly to reflect all price changes.
We shall have the right, but not the obligation, to
monitor the Affiliate’s Referring Web Site at
any time and from time to time determine if it is in
compliance with the terms and conditions of this Agreement.
The Affiliate shall indemnify and hold us harmless
to all claims, damages and expenses relating to the
development, operation, maintenance and contents of
the Affiliate’s site.
No SPAM:
Promoting our services via unsolicited e-mail is strictly
prohibited, and the Affiliate must agree to not reference
us in any way, shape or form, in any e-mail that the
Affiliate sends in which the recipient has not specifically
asked to receive it. Affiliates in violation of this
policy will forfeit their commissions and be removed
from the LifeChecks Affiliate Program.
Qualifying Services:
All products sold by us to customers originating from
the Affiliate’s Referring Web Site or Referral
URL, qualify to earn the Affiliate referral fees. The
Affiliate will not receive referral fees if the Affiliate
places an order on behalf of a Customer. In order to
receive referral fees, the Customer must place the order
him/herself.
Prices:
Prices of our products may be changed at any time, solely
at our discretion, by posting the revised prices on
our web site. The Affiliate acknowledges that changes
in the prices of our products will change the referral
fees earned by the Affiliate (price changes however,
will not change the commission rate).
Payment:
Affiliates will only be credited for purchases made
by first-time customers via the Internet, and NOT purchases
made by re-order customers.
Affiliates will be issued one commission payment
check for each month that they are due payment. If
this commission check is not cashed or claimed within
90 days of being issued, the check is deemed void and
no replacement check will be provided. Affiliates who
do not claim their commission check, as outlined above,
will have in effect agreed to forfeit their commission
for that month.
Referral Fee Payments:
We will mail a referral fee payment in US dollars for
the applicable referral fees on or before the last day
of each calendar month for the previous month’s
referral fees, as long as the amount due to the Affiliate
is more than or equal to US $25. If the amount due to
Affiliate is less than US $25, the amount will be carried
forward to the next month. Referral fee overpayments
may be deducted from future payments or shall be reimbursed
by the Affiliate. An online statement of customer purchase
activity is available to the Affiliate at all times.
Returns and Cancellations:
If purchased products are cancelled by the Affiliate’s
customer, or if we have to issue a refund to the Affiliate’s
customer for any reason, the corresponding referral
fee(s) will be deducted from the Affiliate’s current
or next monthly referral fee payment. If the aforementioned
referral fee(s) is more than the amount due to the Affiliate,
the Affiliate will be billed for the balance amount.
Tax Reporting:
The Affiliate shall be responsible for all taxes and
other similar levies applicable to the referral fees
pursuant to any law or regulation. The Affiliate shall
refer the referral fees to its taxation authorities
as required by law.
Our Policy:
Every customer who purchases a Qualifying Product is
deemed to be our customer. We will be in direct contact
with the customer for the purpose of fulfilling the
customer’s order. The Affiliate shall refer all
questions, requests and queries regarding our services
to us. The Affiliate does not have the authority to
make or accept any offer on our behalf.
You and Life Checks 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 these terms
and conditions.
Promotion of LifeChecks Affiliate Program:
We will make available to you a variety of graphic and
textual links, which you may display as often and in
as many areas on your site as you wish (subject to the
terms and conditions herein). You agree to display on
your site, only graphical links that have been provided
by us. All banners must feature the Life Checks brand
name. You will substitute such links provided by us
from time to time throughout the term of this Agreement.
You will display links prominently in relevant sections
of your site. You can display textual links provided
by us or created by you in the manner outlined herein.
Sample copies of text links are available by e-mailing
affiliatemanager@LifeChecks-affiliates.com.
The Affiliate shall not author or issue any announcements
or press releases to the media without sending a copy
to affiliatemanager@LifeChecks-affiliates.com for review.
You may only use such material if and when you receive
our written consent.
You hereby agree that your site will not contain any
content of our site or any materials that are proprietary
to LifeChecks.com, except with our prior permission
or materials which are obtained by you via the LifeChecks Affiliate site in accordance with the provisions
hereof or the policies or instructions thereon.
You agree that your domain name does not and will
not contain the following words: “LIFECHECKS
”.
Note: Our two tier affiliate program is in place to reward our affiliate partners for referring new affiliates to our program. Therefore, you are not eligible to be a member of your own second tier.
Service Interruption and Tracking:
We will make every effort to ensure that our web site
is operational and to track the Affiliate’s referred
customers. However, certain unavoidable technical difficulties
may occasionally cause temporary service and tracking
interruptions. The Affiliate agrees that we are not
liable in any way for such interruptions.
References/Testimonials:
The Affiliate agrees to cooperate with us in the development
of testimonies and other such marketing material. The
Affiliate grants us unlimited rights to reference the
Affiliate in any and all marketing materials, without
further compensation.
Modification:
We may modify any of the terms and conditions contained
in this Affiliate Agreement at any time at our sole
discretion. You will be notified by e-mail and a change
notice will be posted on our affiliate site. Modifications
may include, but are not limited to, changes in the
scope of available commissions, commission schedules,
payment procedures and Affiliate Program rules. If any
modification is unacceptable to you, your only recourse
is to terminate this agreement. Your continued participation
in the LifeChecks Affiliate Program following our posting
of a change notice or new agreement on our site will
constitute a binding acceptance of the change.
Term and Termination:
We have the right to terminate the Agreement at any
time, either due to breach of its terms or otherwise,
by notifying the Affiliate through e-mail. The Affiliate
may terminate the Agreement at any time by notifying
us through e-mail. If the Agreement has not been terminated
due to breach of its terms, the final referral fee payment
to the Affiliate will be made to the Affiliate within
a reasonable period of time. If the Agreement has been
terminated because of breach of terms by the Affiliate,
the Affiliate will automatically forfeit any referral
fees then receivable or receivable in the future.
I
agree to the above Terms & Conditions of the LifeChecks Affiliate Program.
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