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One Affiliate Program - One ID - Five Revenue Streams This agreement contains the complete terms and conditions between us, GoalsGuy Learning Systems, Inc., and you, the applicant, regarding your application to participate in The GoalsGuy® Affiliate Program (the "Program"). Upon our acceptance of your affiliate application and your execution of this agreement in the place provided below, this will be a legally binding agreement between you and us. I Accept These Terms And Wish To Become An Affiliate
1) Term Of The Agreement The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. 2) Modification Of The Agreement: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. 3) 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 referral fees paid or payable to you under this Agreement. 4) Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time, directly or indirectly solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. 5) Referral Commissions and Payments Procedures: The amount of referral commissions due to affiliates will be as follows: For a sale, which we make as a result of a direct referral by an affiliate, that affiliate will generally receive a commission fee of 15% of the selling price of the service or product sold. This is known as a first-tier referral commission. For such a sale as described in the previous paragraph, if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will generally be eligible for a commission fee of 5% of the selling price of the service or product sold. This is known as a second-tier referral commission. On certain services or products we may pay higher or lower fixed commission fees, solely at our discretion and with no prior notice. For instance, the My Personal Strategic Planning product has a 40% commission fee ranging from $10 to $120, depending on which program is purchased. A commission will only be credited to an affiliate after the customer has made full payment to us. If a customer later requests a refund or a charge back is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first tier and second tier affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse us in full for any such commissions. Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated commissions of at least $100 for a given payment period before a check will be issued. If commissions are less than $100 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $100. We reserve the right to withhold any payments until you have furnished to us a properly executed W-9 form as prescribed by the Internal Revenue Service. 6) Tracking of Sales: We are solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. We will endeavor to do our best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by us to track sales, affiliates hereby acknowledge and accept that the tracking system employed by us is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any number of possible reasons, some of which might be: Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on; deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale; bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time; acts of a nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information. As such, affiliates will not hold us liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software. We will pay referral fees on any future sales after the customer has re-entered our site through the use of a cookie placed on the end user computer. If, through no fault of ours, the cookie is removed or not allowed by the end user, that customer's purchase may be tracked only if customer enters our site directly through a link from your site. The cookie will expire at the end of 9999 days, the maximum currently allowed under our software. 7) 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 anything in this Section. 8) W-9 Form for U.S. Residents and Companies We are required by the Internal Revenue Service to have a form W-9 on file before paying any United States-based affiliate members. We ask that all affiliates complete and mail or fax this form to us a soon as possible and reserve the right to delay affiliate payments until this document is received. In order to make this more convenient for you, we have provided an on-line version of the IRS form so that you may obtain it here. Please follow the instructions below to download and complete the W-9 form.
If you have any questions regarding the W-9 form please Email . 9) Miscellaneous: The laws of the United States and the State of Florida will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Tampa, Florida, and you irrevocably consent to the jurisdiction of such courts. 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 be 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. I Accept These Terms And Wish To Become An Affiliate
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