The Disability Digest - Affiliate Program

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	This Affiliate Service Agreement (the "Agreement") is made by and between The Disability Solution House, Inc., a Vermont s, USA corporation ("TheDisabilityDigest.com,TheDisabilityDigest.net"), and you, as an Affiliate utilizing the TheDisabilityDigest.com service ("You", "Your", "Affiliate"). You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for This Affiliate Service Agreement (the "Agreement") is made by and between The Disability Solution House, Inc., a Vermont s, USA corporation ("TheDisabilityDigest.com,TheDisabilityDigest.net"), and you, as an Affiliate utilizing the TheDisabilityDigest.com service ("You", "Your", "Affiliate"). You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and using the Service as an Affiliate. By signing up for TheDisabilityDigest.com, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the TheDisabilityDigest Service as an Affiliate. The following agreement is summarized as follows: * You place our merchants banners anywhere on your site as you see fit, or within non-spam emails. * We may email you concerning new merchant programs * Adult, Hate, or other related sites are not allowed * You will be paid your commissions, at such time as your account balance is $50 or more. * Commissions are subject to change with a 30 day written notice * Commission for registrations are valid for new members only( not a member that has already registered for The Disability Digest * Commissions for new member registrations are valid for United States residents only. * All statistics are collected and calculated by TheDisabilityDigest, and will be the only valid stats used for determining commissions. * Any page that contains TheDisabilityDigest.com links, banners, or code must be written in English. * As an affiliate, you can only have 1 account. You can list multiple domains in one account, but only one account is allowed. Self-referrals for affiliate or merchant accounts are strictly prohibited. * You won't hold us liable for anything, a link to a TheDisabilityDigest.com Web site does not mean that TheDisabilityDigest.com endorses or accepts any responsibility for the content or the use of such Web site. * You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense. * You may place banners or links within your newsletters, in content of your website, or within other web related content. * Affiliate accounts that are left inactive will be removed from our system if their balance is equal to or less than $25. If an abandoned affiliate account has a balance between $25 and $50, a $25 fee will be charged once per calendar month, until the balance is equal to zero dollars - and is closed. At no time will an affiliate ever owe monies to TheDisabilityDigest.com based on fees - the account will simply be closed. An abandoned affiliate account is defined as any account that has not been logged in to for a period of 6 months, nor have any transactions been posted to that account. If one or the other of those conditions are true - the account will remain in an active state. * Failure to abide by these rules could mean termination from a given merchant program, or from TheDisabilityDigest.com completely with a complete forfeit of commissions. * Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. PRIVACY POLICY TheDisabilityDigest.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. DEFINITIONS "Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use TheDisabilityDigest.com to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment. "Merchant" means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Merchants use TheDisabilityDigest.com facilitate relationships as well as gain tracking, reporting, and issuance of commission payment. "Visitor" means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate's Web site. "sale commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "lead commission" means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant's Web site that results in the Visitor performing an action defined by the Merchant. Such an action could include filling out a form, joining a mailing list, or other mechanism to identify potential customers. The action could occur at the time of the visit or at a later time not to exceed 30 days. If an action occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur. "click commission" means the Payout the Merchant sets and agrees to pay for a valid click from an Affiliate Partner's site to the Merchant's site that results in the Merchant's Web site being viewable to the Visitor. A click is deemed valid when it meets certain criteria as defined on the Web site or in this agreement, which criteria may change from time to time. "Payout" means the amount of sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action. "Commission" means the amount sale commission, lead commission, or click commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action. "Link" means a hyperlink placed on an Affiliate's site that, when clicked on, sends a Visitor through to a Merchant website via redirection at TheDisabilityDigest.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant. "VOID" means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant's may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons. "Your Account" means a specific account within the Service, where Commissions are credited. SERVICE AND SUPPORT TheDisabilityDigest.com will provide support for the Service as indicated on the TheDisabilityDigest.com affiliate Web site. EMAIL CONTACT TheDisabilityDigest.com reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any TheDisabilityDigest.com related products and services. CHANGES TO THE SERVICE TheDisabilityDigest.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, TheDisabilityDigest.com notify You via e-mail, newsletter or the TheDisabilityDigest.com Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service. REGISTRATION To sign up as an Affiliate of TheDisabilityDigest.com and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be your social security number for individuals, or a federal tax-id for corporations or entities. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN TheDisabilityDigest.com: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. LIMITATION OF LIABILITY TheDisabilityDigest.com OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE TheDisabilityDigest.com SERVICE OR ANY INFORMATION PROVIDED ON TheDisabilityDigest.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA. EVEN IF TheDisabilityDigest.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TheDisabilityDigest.com LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY. You agree that TheDisabilityDigest.com, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless TheDisabilityDigest.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. TheDisabilityDigest.com agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to TheDisabilityDigest.com negligence or willful misconduct in performance of the Services or its breach of this Agreement. NON-DISCLOSURE TheDisabilityDigest.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. TheDisabilityDigest.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of TheDisabilityDigest.com, that becomes available to TheDisabilityDigest.com from third parties without knowledge by TheDisabilityDigest.com of any breach of fiduciary duty, or that TheDisabilityDigest.com had in its possession prior to the date of this Agreement. TheDisabilityDigest.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. TheDisabilityDigest.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as deems appropriate. NONASSIGNABILITY Affiliate or TheDisabilityDigest.com may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties. FORCE MAJEURE Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. JURISDICTIONAL ISSUES This Agreement shall be governed by Vermont, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Vermont, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. MISCELLANEOUS This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Brian Therrien Disability Solution House Inc. 2938 Mount Philo Road Charlotte Vermont 05445


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