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This agreement
describes the terms and conditions for
participation in the HRH Affiliate Program/HRH
Program e-book Affiliate Program. In this
agreement, the term "Affiliate" refers to you
(the applicant). In this agreement, HRH Program
and/or the Wilcox Innovation Network, Inc. (WIN)
refers to the product owner and publisher,
Wilcox Innovation Network, Inc. (an incorporated
entity in Colorado, USA).
Affiliate Site
An affiliate account can be created by filling
out and submitting the Affiliate sign up form at
http://www.heartratehealth.com/signup.html. On
that page, each new affiliate will be asked for
company and/or individual contact information
and will be given the opportunity to assign a
password for their affiliate relationship.
Commissions
Affiliates will receive $14.50 per sale of the
HRH Program e-book that is generated through a
properly coded Affiliate link. Other products
and services may be added to the affiliate
program at a later date, and each Affiliate will
receive notice of new products and services for
which they may generate an Affiliate commission.
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
that are made when the customer clicks through
qualified, correctly structured Affiliate links.
Properly coded links are the sole responsibility
of the affiliate.
Affiliates may also sign-up and obtain
“sub-affiliates” without a separate agreement.
This technique is known as a two-tier system,
and is not considered a multi-level marketing
opportunity. If a sub-affiliate signs up to
become an Affiliate through a previous
Affilate’s coded link, that sub-affiliate will
generate a second-tier commission for the
original affiliate in the amount of four dollars
($4.00) per sale of the HRH Program e-book.
Affiliates are strictly prohibited from signing
themselves up to become their own sub-affiliates
in order to generate double commissions. Any
Affiliate attempting to do so will be
immediately terminated from the HRH Affiliate
Program and all commissions will remain the
property of WIN.
Payment
WIN will send commission checks to the Affiliate
by mail no later than the tenth (10th) of the
month following any month when the accumulated
commission is equal to or greater than
twenty-five dollars ($25).
Order Fulfillment
WIN will be solely responsible for processing
every order placed by a customer on the
Affiliate Site. Affiliates are not authorized to
collect payments or sell any HRH Program
products from other websites as a "reseller" and
no "resale" rights are granted in ANY way.
Affiliates are not authorized to sell any of
these products on auction sites. Affiliates are
not authorized to give away copies of any of
these products. WIN will also be solely
responsible for all customer service inquires.
Customers
Customers who purchase products and services
through the Affiliate Program will be deemed to
be customers of WIN. Accordingly, all 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. WIN policies will always
determine the price paid by the customer.
Qualifying Sites
WIN reserves the right to refuse Affiliate
status any individual or company web site based
on site content. WIN also reserves the right to
discontinue any Affiliate relationship at any
time after Affiliate approval. Sites that do not
qualify for the Affiliate Program include sites
which:
Promote adult oriented or sexually explicit
material.
Promote violence.
Promote discrimination based on race, sex,
religion, nationality, disability, sexual
orientation, or age.
Promote illegal activities.
Infringe or otherwise violate any copyright,
trademark, or other intellectual property
rights.
WIN may undertake, at its sole discretion and
with or without prior notice, the following
enforcement actions:
Account Termination: Upon the receipt of a
credible complaint, WIN will investigate the
complaint, and if necessary to terminate the
Affiliate account of the individual or company
implicated in the abuse of policies or “spam”
agreements made in the Affiliate welcome letter.
Termination results in the immediate closure of
the account, the loss of all referrals and
sub-affiliates, and the forfeiture of any unpaid
money on account.
If you wish to report a violation of our
Anti-Spam Policy, please forward all relevant
evidence to our Customer Service Department.
For more information on what spam is, why it is
bad, and what can be done about it, visit:
The Responsible Internet Commerce Site
spam.abuse.net
The Mail Abuse Prevention System, LLC
www.mail-abuse.org
The Network Abuse Clearinghouse www.abuse.net
The Coalition Against Unsolicited Commercial
Email www.cauce.org
Relationship of Parties
Affiliates are independent contractors, and
nothing in this Agreement will create any
partnership, joint venture, agency, franchise,
sales representative, or employment relationship
between the parties. Affiliates have no
authority to make or accept any offers or
representations on our behalf. Affiliates will
not make any statement, whether on their sites
or otherwise, that reasonably would contradict
this statement.
Term and Termination
The term of this Agreement will begin when you
accept and will end when terminated by either
party. Either WIN or the Affiliate may terminate
this Agreement at any time, with or without
cause, by giving the other party written notice
(by e-mail, regular mail or fax) of termination.
Upon the termination of this Agreement for any
reason, all licenses granted hereunder shall
immediately terminate and the Affiliate will
immediately cease use of, and remove from
Affiliate's Web Site, all links to the WIN
websites, and all WIN trademarks and logos,
other WIN Marks and all other materials provided
in connection with this program.
Limitation of Liability
WIN 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 the affiliate under to this Agreement.
Earnings Disclaimer
We make no express or implied warranties or
representations with respect to the Affiliate
Program or an affiliate’s potential to earn
income from the Affiliate Program. In addition,
we make no representation that the operation of
the WIN web sites or the Affiliate links will be
uninterrupted or error-free, and WIN will not be
liable for the consequences of any interruptions
or errors.
Disputes
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 Denver
County, Colorado, USA. 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 in Denver County, Colorado, 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 costs will be
shared equally by each of us.
Assignment
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.
Miscellaneous
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.
If any of the provisions of this Agreement are
determined by a court to be unenforceable, they
shall be severed from this Agreement, and the
remaining provisions shall remain in full force
and effect.
By signing up as an Affiliate with WIN, 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.
HRH Affiliate Program Earnings Disclaimer
Any earnings or income statements, or earnings
or income examples mentioned on this website or
in emails sent on behalf of WIN, are only
estimates of what we think you could earn. There
is no assurance you will do as well. If you rely
upon any sales figures we provide, you must
accept the risk of not doing as well.
You agree that WIN is not responsible for the
success or failure of your business decisions
relating to any information presented by our
company, or our company products or services.
Health and Wellness Claims
The HRH Program is not written by a doctor, and
no claims are made that the HRH Program e-book
can reverse, treat, or prevent disease. As an
Affiliate, you are bound by the legal
disclaimers made at www.heartratehealth.com/legal,
and any claims made to customers or potential
customers that are in dispute with this policy
are not the responsibility of WIN and WIN will
not be liable for any claims made against an
Affiliate who makes such claims. Failure to meet
these standards will result in the immediate
termination of this Agreement, and any and all
commissions generated through the use of false
statements will not be paid.
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