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Big RED Advantage Affiliate Agreement
This agreement is a binding legal contract between you ("the Affiliate") and On Top Systems, LLC ("the Company"). The Affiliate Program is administered through the Company via the policies at this web site and this Agreement.
Commissions will be paid by the Company as outlined on the Company web site. Company reserves the right to alter the price of Company's products and commission percentages for products without notice. Commissions are based on the percentage of sale in effect at the time of sale.
The Affiliate is solely an independent contractor when acting as an Affiliate. No partnership, joint venture or other legal entity is created between the Company and the Affiliate.
Affiliate represents and warrants to the Company that the Affiliate has read and understands the Company policies set forth on the Company web site and agree to the terms thereof.
Company reserves the right to amend this Agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation of Affiliate status, promoting or marketing the Company, Company products or services, or Affiliate's acceptance of commission income, shall constitute Affiliate's acceptance of any and all amendments. Affiliate agrees to review this agreement for any changes or additions, monthly or at the beginning of each Affiliate payout cycle, whichever occurs sooner. The date of the last change or addition to this agreement shall be posted at the end of this document.
All affiliates must be 18 years of age or older. Individuals requesting affiliate status who are under 18 years of age shall be rejected.
Affiliate agrees to receive email from the Company, including but not limited to sales reports, training, promotional resources, newsletters, and other correspondence.
Affiliate agrees to only present the Company, Company products and services, as set forth in the official Company web site or Company marketing materials. Affiliate shall make no claims regarding potential income, earnings, products, or services, beyond what is stated at the official Company web site. Affiliate also agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
Affiliate agrees not to disparage the Company, Company products or services, or other Company Affiliates in any manner. The Affiliate understands that disparagement may result in the immediate suspension or termination of the Affiliate's account with a cancellation of any pending or unpaid commissions.
The Company shall not tolerate any Affiliate associated with spam. The account of any Affiliate associated with spam shall be immediately terminated upon verification of such violation and any pending monies or commissions owed to the Affiliate shall be forfeit.
The Company shall immediately terminate any Affiliate account which the Company believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. The Company shall report spam, along with all the spammer's identifying information to the Federal Trade Commission and other such agencies for civil and criminal prosecution.
For the purpose of this agreement, "spam" is defined as emailing ANYONE, in bulk or by single mailing, about the Company, the Company's products or services, who has not specifically requested the information directly from the Affiliate. Mailings to names or lists that have been purchased, including but not limited to so called "co-reg" lists, regardless of the opt-in procedures, are not permitted. The Company considers ANY type of advertisement about the Company, Company products or services, posted to a newsgroup or chat room, in violation of that entity's posting rules, to be spam.
Affiliate agrees to comply with all U.S. state and federal spam laws, including but not limited to the federal CAN-SPAM act.
Because damages are often difficult to ascertain, if actual damages cannot be reasonably calculated then the Affiliate agrees to pay the Company liquidated damages of $500 for each piece of spam or unsolicited email transmitted from or otherwise connected with the Affiliate's account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
All Affiliate payments shall be made in U.S. dollars. If a sale is canceled or refunded, any paid commission will be deducted from a subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt write-off, or returned goods. The Company reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
The Affiliate is solely responsible for ensuring their Affiliate link is set up properly to have sales tracked and recorded to qualify for commissions. The Company is not responsible for the failure to assign any sale or commission to the Affiliate if such failure results from the improper formatting of any affiliate links or errors in the Affiliate's contact information on file with Company.
The Company will only pay commissions on sales that are tracked through our tracking system and indicate the Affiliate as the source of the visit to the Company web site. Affiliate has no right to commissions if a buyer later returns to the Company web site through another Affiliate link or source and makes a purchase.
The Affiliate has no right to commissions based upon subsequent sales, or where "cookies" are used, overwritten, or deleted even where the customer first arrived at the Company site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate link or within 60 days of the initial visit provided your "cookie" is still active indicating you as the affiliate.
Payment shall be rendered to the Affiliate on the first of the month a minimum of 60 days following the date of sale. The Affiliate may specify the method in which payment is to be made; via bank check or direct to the Affiliate's PayPal account. Any PayPal transfer charges are the responsibility of Affiliate.
NO INCOME CLAIMS ARE MADE
The Company makes no representations or warranties whatsoever regarding potential income that may result from participation in the Company's Affiliate Program and the Company specifically disclaims any and all warranties in regards to Affiliate's earning potential.
Affiliate agrees to provide the Company with a valid contact information upon registration.
The Company will make every reasonable effort to accurately track and pay commissions for all sales that belong or are credit to an Affiliate. The Company is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt, or diminish tracking or service.
The Company 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 where Company has been advised of the possibility of such damages. The Company's total liability arising from this agreement or program shall not exceed the total commissions paid or payable by the Company.
The Company is responsible for handling all customer inquiries, fulfilling product orders, customer billing, and collection of monies.
Company pricing of products and services is totally within the Company's discretion and Company reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Affiliate.
Company's only responsibility to Affiliate in this regard is to track customer orders that occur through links from Affiliate and make reports of the commissions due as a result thereof. All such reports shall be posted on the Affiliate's personal Tracking Page and shall be un-audited.
The Company reserves all rights in or to its trademarks and service marks and copyrights, although they may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Company logo, image, or trademark which may be distasteful, defame, or misrepresent the Company in any way.
PROHIBITED WEB SITES
Affiliate agrees to not misrepresent Company products or services. Affiliate also agrees to not advertise Company products or services on web sites that promote sexually explicit material, violence, "warez", hate-oriented sites, animal cruelty, gambling (including lottery, raffles, or contest sites), any form of sex product, or pirated materials, or sites that promote or advocate discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
The Company reserves the right to terminate an Affiliate's status for any reason in our sole and absolute discretion, including but not limited to the reasons set forth herein.
The Company makes no warranties expressed or implied for the Affiliate Program except as outlined in this Agreement. Affiliate program is provided As Is.
The Company and Affiliate reserve the right to terminate this Agreement at any time, without notice. If terminated, outstanding commissions shall be paid in the next payment cycle, as long as the terms of this Agreement have not been violated by the Affiliate. Disbursement of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure the correct amount of monies due are paid.
Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Company, Company products and services, and Affiliate agrees to hold the Company harmless from same.
In the event any provision of this Agreement is held to be invalid or unenforceable, said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement shall remain in full force and effect.
Affiliate agrees that this offering shall be governed by the laws of the State of Florida, U.S.A., without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of Florida. In addition, Affiliate agrees to submit to the jurisdiction of the courts of Florida, and that any legal action pursued by Affiliate shall be within the exclusive jurisdiction of the courts of Kissimmee, Florida.
The Company obligations and Affiliate remedies are solely and exclusively as described and limited in this Agreement and, if applicable, on the Company's web site affiliate information. Company liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products, services, or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall Company be liable for any loss of profits, loss of use, or other indirect, incidental or consequential damage to Affiliate.
The Company reserves all rights not expressly granted in this Agreement.
Dated: July 27, 2010