This agreement describes the entire terms and conditions for participation in the lipreading.org Affiliates Program. In this agreement, the term “Participant” refers to you (the applicant), and “sponsoring website” refers to the website from which you will link to lipreading.org. Wherever the agreement refers to “you” or “your,” it means “the Participant;” “we” or “our” refers to lipreading.org or and the term “product” refers to Basic or Premium lipreading.org subscriptions.
To begin the enrollment process, you will submit a complete affiliate application form which is reviewed within 24 hours of receipt. Unless there is an obvious problem, our procedure is typically to accept all applicants in good faith. We reserve the right to reject applicants later if we determine, in our sole discretion, that your website is unsuitable for our affiliate program.
Unsuitable applicants include, for example, sites that:
* promote sexually explicit materials
* promote violence
* promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
* promote illegal activities or violate intellectual property rights
* or from websites who we deem not to be a good fit for our brand
Referral Fee Qualifying Products:
Lipreading.org Subscriptions sold by lipreading.org originating from a special link or links at your sponsoring website qualifies to earn you referral fees. The following products will be considered “qualifying products:”
* Products sold to customers who follow a special link from your sponsoring website to our site and submit that order by lipreading.org on-line order forms.
The following products will not be considered as “qualifying products” for referral fees:
* Products sold to customers acquired through any other special link to our site other than the specific URLs that your sponsoring website has been assigned.
Referral Fee Amount:
lipreading.org will pay a 25% flat referral commission on the total revenues received from the sale of qualifying products originating from your links.
Referral Fee Payment:
lipreading.org will send a referral fee check or PayPal payment for the applicable referral fee on the first Friday of every month, if the total earned by the end of the previous month is at or above the $50 payout minimum.
Returns and Cancellations:
If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next payment.
Adding and Removing Links:
You may add as many links as you wish to lipreading.org, or remove such links, at any time and without prior approval from lipreading.org.
lipreading.org will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use the lipreading.org secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of lipreading.org. All of the rules, operating procedures and policies of lipreading.org regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. lipreading.org reserves the right to reject any order that does not comply with our rules, operating procedures, and policies.
Tracking of Sales:
lipreading.org provides affiliates with a unique ID and uses a cookie set to never expire, meaning that the affiliate will be credited for any sale that occurs on a return visit by a referred user. lipreading.org will be solely responsible for tracking sales we make to customers who follow special unique ID links from the affiliates’ website. The Participant will be solely responsible for ensuring that these special unique ID links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant via a special URL that you will be assigned.
You are free to promote the link to lipreading.org in all the ways we recommend in the Affiliate Center of the lipreading.org website. Examples of acceptable ways to promote the products are: through banners, text links, and letters of recommendation to newsletter subscribers or to your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented website, your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of lipreading.org.
You agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.
We have NO responsibilities with regard to your website. We will have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the Affiliate program. In addition, our aggregate liability arising under or with respect to this agreement or the Affiliate program shall in no event exceed total referral fees paid or payable to you under this agreement.
As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party’s copyrighted material. lipreading.org will not be responsible if you use another party’s copyrighted material in violation of the law.
The lipreading.org Policy Applies to All Orders:
Every customer who buys a product through this program is deemed to be a customer of lipreading.org. The Participant does not have the authority to make or accept any offer on behalf lipreading.org. All lipreading.org policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. lipreading.org is not responsible for any representations made by the Participant which contradict our policies.
Product prices and Availability:
The price charged for every product sold under this program will be determined by lipreading.org according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the lipreading.org webpage linked from your sponsoring website. Product availability can change, and lipreading.org will present the best information available to all sponsoring sites and its clients regarding product availability.
Website Service Interruption:
lipreading.org will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold lipreading.org liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents:
You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to use our Trademarks and Trade Names in connection with marketing and sales of these services.
Term of the Agreement:
The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by lipreading.org and shall end when cancelled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or the orders canceled. Remittance of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
The Agreement May be Modified:
lipreading.org reserves the right to change any of the terms and conditions of this agreement, at any time and in its sole discretion, by posting a new agreement on our website.
Cancellation of This Agreement:
Either lipreading.org or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
lipreading.org makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in lipreading.org’s then-current product sales policies, any products sold hereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing, or usage of trade.
Limitation of Damages:
lipreading.org shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if lipreading.org has been advised of the possibility of such damages. Further, lipreading.org’s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by lipreading.org to Participant under this agreement.
Participant and lipreading.org 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. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of lipreading.org. Subject to the foregoing restriction, this agreement is binding upon, inures to the benefit of,and is enforceable by the parties and their respective successors and assigns.
By signing up for our affiliate program, you are in effect, agreeing to the above Affiliate Agreement.