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The following are the terms and conditions of participating in the AMERADREAM Affiliate Program. "Affiliate" refers to you, and "AMERADREAM" refers to us, the AMERADREAM program, a division of AmeraDream Corporation, Boulder, Colorado, United States of America.
AMERADREAM reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.
1. Affiliate agrees that an AMERADREAM Affiliate is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of AMERADREAM. Affiliate further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of AMERADREAM.
2. Affiliate must be of the age of majority in his/her state or country.
3. All Affiliate applications are subject to approval by AMERADREAM.
4. Affiliate agrees to receive AMERADREAM e-mail, including but not restricted to sales reports, training, newsletters, plus messages from any of the Leaders.
5. Contact information (e-mail address, phone number, address, etc.) will be provided to your Referrer (the person who directly referred you to AMERADREAM or whose advertising generated your registration). Contact information is not disclosed to any other party.
6. Affiliate agrees to present the AMERADREAM products and services as set forth at the official AMERADREAM website. Affiliate will make no claims regarding potential income, earnings, products or services beyond what is stated at the official AMERADREAM website.
7. Affiliate agrees not to disparage AMERADREAM, other AMERADREAM Affiliates, AMERADREAM products, the AMERADREAM commission plan, AMERADREAM employees or AMERADREAM Independent Contractors. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
8. Affiliate agrees to not utilize SPAM in promoting AMERADREAM. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the AMERADREAM Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by AMERADREAM. Any service interruptions to AMERADREAM as a result of Affiliates spamming will be billed to Affiliate at 200 U.S. dollars per hour until service is restored you have been Spammed click here to mail us at email@example.com: We strive to respond within 60 minutes on weekdays and 8 hours on weekends.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about AMERADREAM, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
A. Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not advertise an AMERADREAM-provided Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate Spam complaints against Affiliate resulting in suspension or termination.
B. You may include information on AMERADREAM in e-mail Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.
AMERADREAM also considers ANY type of advertisement about AMERADREAM posted to a Newsgroup or Chat Room to be Spam. Violators may be fined at 50 U.S. dollars per incident.
9. Affiliate agrees to provide AMERADREAM with a valid e-mail address upon registration. Affiliate understands that the use of an Auto-Responder e-mail address is prohibited.
10. Although the AMERADREAM Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by company check and sent out monthly on or about the 10th for the previous month's sales. To cover AMERADREAM processing costs of Affiliate commission check, AMERADREAM will deduct one dollar. If a sale is canceled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission check that will be sent out is $8.00 (after processing fee).
11. Affiliate will be issued an "Affiliate Link," a unique URL which allows AMERADREAM to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link.
12. Affiliate is solely responsible for insuring that their Affiliate Link is set up properly to qualify for commissions.
13. AMERADREAM is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
14. AMERADREAM will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, AMERADREAM is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and AMERADREAM is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are out of the control of AMERADREAM. It is the goal of AMERADREAM to make Affiliate tracking as accurate as possible, however, AMERADREAM cannot guarantee 100% tracking for situations beyond its control.
15. To protect AMERADREAM customer privacy, if deemed necessary, AMERADREAM reserves the right to withhold identifying customer contact information from Affiliate.
16. AMERADREAM reserves all rights in or to its trademarks and service marks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display an AMERADREAM logo, image, or trademark which may be distasteful, defame, or misrepresent.
17. Affiliate shall follow AMERADREAM advertising guidelines and agrees not to misrepresent AMERADREAM products or services. Affiliate agrees to use only AMERADREAM-approved ads. They must be approved however before you can publish them. Affiliate further understands that prohibited sites for advertising AMERADREAM products or services include: Sites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.
18. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of AMERADREAM. Upon request AMERADREAM will provide Affiliate with guidelines for the sale, transfer or assignment of Affiliates AMERADREAM business.
19. AMERADREAM shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if AMERADREAM has been advised of the possibility of such damages. AMERADREAM aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by AMERADREAM under this agreement.
20. AMERADREAM makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
21. Both AMERADREAM and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary, without further act of the parties, unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
22. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
27. This agreement will be governed by and construed in accordance with the laws of the State of Colorado, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.
AMERADREAM hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods or services are provided AS IS with respect to AMERADREAM. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by AMERADREAM.
AMERADREAM obligations and your remedies hereunder are solely and exclusively as described and limited herein. AMERADREAM's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products or services whose alleged defect or damage is the basis of the claim. In no event shall AMERADREAM be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.
AMERADREAM's display of any products, goods or services offered by or originating from a party other than AMERADREAM are not intended nor offered as information or data comprising any claim or representation as to such products, goods or services by AMERADREAM. Any ultimate purchase of any product, goods or services from AMERADREAM is made subject to the law of the State of Colorado, which substantive law shall control the relationship of the parties.
Any controversy, dispute or claim between AMERADREAM and any other party arising out of/or involving any AMERADREAM business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein, to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
The arbitrator shall apply Colorado substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within ninety (90) days of the event-giving rise to the demand. The arbitration shall take place in Boulder, Colorado.
The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction, located in the State of Colorado, County of Boulder.
The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Colorado. Both parties shall pay the fees for the arbitrator equally. The parties understand and acknowledge that by agreeing to arbitration they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
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