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This Agreement contains the terms
and conditions that apply to a participant in the GoalMinds, Inc.
affiliate program (the "Program"). As used in this agreement,
"we"/"our/"us", means GoalMinds, Inc. and
"you"/"your" means the "affiliate/applicant'"
"site" refers to a World Wide Web site.
To begin the enrollment process, you
will submit a complete Affiliate Application form. We will evaluate your
application in good faith and will notify you of your acceptance or
rejection, usually within 24 hours. (You can re-apply at any time). We
may reject your application if we determine, in our sole discretion,
that your site is unsuitable for the Program. Unsuitable sites 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 applicants who we prefer
not to be associated with
We grant you a non-exclusive,
revocable right to use our present banners and other such images for
which we grant express permission, for the purpose of identifying your
site as a program participant and linking to our site. You may not
modify the banners or any of our images in any way without our express
permission.
We reserve all of our rights to our
trade names and trademarks and all other intellectual property rights.
SPAM (unsolicited email)
We will not tolerate the sending of
unsolicited bulk emails which promote, or make reference to GoalMinds,
Inc., or any of its associated companies, Partners, or employees. Other
prohibited forms of advertising include postings to non-commercial
newsgroups and cross-posting to multiple newsgroups at once. In
addition, Affiliates may not advertise in any way that effectively
conceals or misrepresents their identity, their domain name or their
return email address.
Any Affiliate who, in our opinion,
breaches this ruling will have their Affiliate status cancelled
immediately and any and all outstanding commissions WILL BE FORFEITED.
Stay Safe, Don't SPAM.
We will NOT revoke affiliate status
to avoid payment of owed or future commissions.
UNPROFESSIONAL CONDUCT
GoalMinds, Inc. and its associated
companies operate with the strictest codes of professional conduct. Any
Affiliate who brings GoalMinds, Inc. or its associates into disrepute,
or who promotes any form of slander, racism, or unfair business
practices, will have their Affiliate status cancelled and any
outstanding commissions WILL be forfeited.
We reserve the right to reject any
affiliate application if in our opinion, that person or company violates
established laws or commonly held standards of decency.
An affiliate who ignores warnings to
cease and desist any activities we deem negligent, inappropriate, or
harmful to GoalMinds, Inc. and or other affiliates will be terminated.
ORDER PROCESSING
We will be solely responsible for
processing every order for our products. Customers will use our secure
online ordering process. Order forms, payment processing, shipping,
cancellations, returns, and related customer service are our
responsibility.
All of our rules, operating
procedures and policies regarding customer orders and accounts will
apply to orders we receive through special links on your site. We
reserve the right to reject any order that does not comply with our
rules, operating procedures and policies.
Every customer who buys a product
through this program is deemed to be a customer of ours. You do not have
the authority to make or accept any offer on our behalf. All our
policies regarding customer orders, including product availability,
pricing and problem resolution, will apply to these customers. We are
not responsible for any representations made by you which contradict our
policies. (See "Policies/Contact" link at bottom)
** You CAN order our products for
your OWN PERSONAL USE through YOUR affiliate link! (This, in effect,
gives you a 10% "discount"!)
TRACKING OF SALES
We will be solely responsible for
tracking sales we make to customers who follow links from your website.
We use AffiliateShop.
Statements of your sales activity
will be available to you in "realtime" with a special URL that
we assign to you. Accessible 24 hours per day and 7 days per week. You
may access these stats via a password and username we assign.
Only two entities may access your
stats and affiliate information. That would be you, and us (GoalMinds,
Inc.).
LINKS
We will provide you with a unique
identifying URL for you to link to. Each sale or referral that is
generated from this URL will be attributed to you. You will have access
to your own private section to check your stats in Real Time. Your links
to the unique URL can be text links or banner links, or a combination of
the two, at your sole discretion. If you choose banner links, you must
use our banners. We will provide you with a URL of all our banners, from
which you can freely choose. You may add as many links to GoalMinds,
Inc. or remove such links, at anytime and without prior approval from
us.
** Inactive affiliates will be
removed from participation in the Program. Inactive means little or no
"click-throughs" via your banner/text links, as monitored via
our affiliate program administrative panel, for a period of sixty (60)
days. And/or, non-placement of affiliate banners/text ads. We will
contact you after thirty (30) days of "inactivity". Efforts
will be made to help and encourage your participation in the Program.
We will provide you with
instructions on how to properly format the links. You are responsible
for ensuring the links are formatted correctly. This will ensure
accurate tracking of sales for credit to your account. Every effort will
be made to ensure that our site is functional and available for
customers referred to our site through your "affiliate link".
We have NO responsibilities with
regard to your site. GoalMinds, Inc. 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. In addition, GoalMinds, Inc's aggregate liability arising
under or with respect to this agreement or the program shall in no event
exceed total referral fees paid or payable to the affiliate under this
agreement.
COMMISSION AND PAYMENT
We will pay you 10% of any and all
purchases made by a customer referred by your "affilite link"
through our banners or text links (Not including any applicable sales
tax and shipping charge).
Minimum amount for payment is fifty
dollars ($50). Any amount under this will be held in your account until
the minimum for pay out is reached. (this is ongoing)
Payment will be made in the form of
a bank check from us (MaxPatch Services), paid in US dollars. Checks
will be mailed within ten days of the first of the month for the prior
month's sales. For example, commissions for sales made during May will
be sent out on or before the 10th of June. We are not responsible for
paying interest to Affiliates for accrued but not yet delivered
Commission payments.
Payment will be made out to you and
mailed, via U.S. postal mail, to the address you provide at sign-up.
(You will be able to modify your address and contact info via your
private affiliate area)
Any "refunds" to a
customer, referred through your "affiliate link", will be
deducted from your "credited" commission/s. (The majority of
customers gladly accept replacement of products.) Charge backs (None to
date!), if any, will be deducted from your "credited"
commissions.
TERM OF THE AGREEMENT
The term of this agreement will
begin upon our acceptance of your affiliate program application and your
placement of our banner or textual link on your site and will end when
terminated by either party. Either you or we may terminate this
agreement at any time, by giving the other party written notice of
termination. This will be in the form of "email". You can only
earn referral fees on sales occurring during the term. We will never
withhold any payment due. Payment of monies owed you will be payable on
the same schedule as stated above for commission payment. Upon
termination of this agreement, the former Affiliate must remove all
Affiliate links and graphics from its web site, and refrain from
publishing same in any manner whatsoever.
INCOME TAX LIABILITY
You must understand and agree that
you are acting as an independent contractor and as such will be
responsible for your own Income Taxes and any other tax liabilities that
affect the sales of our products in your state. By law, any commissions
in excess of five hundred ninety nine ($599) dollars must be reported by
us on a Federal Tax form (that's why we ask for your SSAN-social
security number on the sign-up page). You will be sent this form and are
required to sign and return to us before any 'further payment' to you
can or will be made.
MODIFICATION
We may modify any of the terms and
conditions contained in this Agreement, at any time and in our sole
discretion, by posting a new agreement on our site. Any modifications
will ALSO be notified, by email, to all participating affiliates. If any
modification is unacceptable to you, you may terminate this agreement.
Your continued participation in the program following notification of
our new program will constitute binding acceptance of the change.
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 written here.
CONFLICTS AND DISPUTES
As with any program, a conflict or
dispute may occasionally arise due to tracking, orders, commission
calculation, performance issues and appeals regarding "termination
for cause". Below is outlined who to contact and how to handle any
such situation.
- If a concern should arise, send an
email stating your full name, your affiliate ID, your address and state
the specifics of your concern. Include any dates or numbers that apply.
We will investigate immediately and will reply as soon as possible.
- Though we will be more than
willing to settle the dispute in as fair a manner as possible we realize
this situation may arise. In this case we will be open to mediation or
arbitration to settle the matter.
- We have NOT pre-selected a
mediator or arbitrator. Should one be needed we will select a
non-biased, third party moderator.
CONTACT INFORMATION:
E-mail: affiliates@publishandprosper.com, Phone: 210-595-1340
mail: GoalMinds, Inc. P.O. Box 100903, San Antonio, TX
78201-8903
PRIVACY POLICY
It's pretty simple... We ONLY use
the information you submit to maintain your account. That is, to make
your commission payments and to communicate changes in OUR product
offerings. We will NOT email you with any other company's products...
period! We WILL notify you of new banners and or text links to
facilitate promotion of GoalMinds, Inc. We Do Not Now nor Will We in the
future, Sell, Rent or otherwise make your personal information available
to anyone!
This concludes the agreement. Thank
you for taking the time to read it carefully. We look forward to working
with you, our Valued Affiliates! By signing up for our Program, you are
in effect, agreeing to the above "affiliate agreement".
Join
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