Affiliate Agreement
By filling out the signup form you acknowledge
that you have read the terms and conditions, understand, and agree with
them.
1. Joining the Program
By filling out the signup form you will automatically become an affiliate
and are bound by the terms of this agreement. Your participation in the
program is solely for this purpose: to legally advertise our website to
receive a commission on products purchased by your referral individuals.
2. Description of Service.
eBusiness Empires is providing members with promotions to help increase
website traffic and build their business to a higher level in exchange
for advertising revenues and membership dues.
In order to access this site however, you must
have an internet provider and the equipment required.
3. Revocation of Affiliate/Member Status
Members ARE responsible for putting the code
into their web pages in order to use their credits up. Any member that
our system consideres inactive for more than 30 days consecutively with
no activity may be 1) moved to an advertiser account if credits are still
pending, and all referrals outstanding will be forfeited, or 2)
if no credits are still pending on the account, the account will be completely
deleted, and all referrals and bonus pool awards forfeited.
ABSOLUTELY
NO PORNOGRAPHIC, HATE, OR OTHER ILLEGAL OR UNETHICAL SITES WILL BE ALLOWED
IN THIS SYSTEM. If you attempt to post any of these ads or
link an ad to a site containing this type of content, your account will
be immediately disabled and all commissions and no refunds will be provided.
NO EXCEPTIONS.
Cheats by using robotic or other
methods will have their accounts terminated and any credits, referrals
or refunds will be forfeited.
4. Affiliate Links
You may use graphic and text links both on your website and in emails.
The site may also be advertised "offline" in classified ads,
magazines, and newpapers. You may use the graphics and text provided to
you by us, or you may create your own as long as they are deemed appropriate
according to the conditions in 3.
5. Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set
in their browser that contains your affiliate username. Also, their IP
address is tracked in the database along with your affiliate name. When
this person decides to buy a product, the script will look for this cookie
and/or try to match their IP address to identify the affiliate who will
be awarded the commission. Visitors sent through your affiliate link may
make a purchase later in time and the commission will still be awarded
if the cookie is present in their browser and/or the are using the same
IP address as the one logged in the database.
6. Useage
All pages MUST be in English. This is not to be discriminatory, but
to protect the majority of users who do not understand other languages.
Unfortunately, most of those who submit sites other than English are usually
pornography and therefore are not allowed.
You will NOT take posts or content
from our private members areas and post them on other message boards,
discussion lists or the like. Members posts are to be kept private,
and any such abuse will not be tolerated. If you want to repost something
elsewhere, you must request permission from eBusiness Empires beforehand.
7. Abuse
Any member found abusing the service, abusing the staff by means of
verbal or written abuse, or speaking against the corporation will be immediately
terminated, and possibly held legally liable for defamatory abuse. These
will be forwarded directly to our legal staff to decide upon.
Members agree to treat all other
members with complete respect. No flaming, swearing or bashing will be
tolerated. You have the right to express your opinion - and so do our
other members provided it is done in a professional manner.
eBusinessEmpires is not a publisher
of the content of any websites outside of the actual eBusinessEmpires
website, and therefore cannot be held responsible for members sites. While
we strive to NOT allow pornographic sites, we cannot be held responsible
if such a site should appear in the database. If an offensive site is
found, please
report it through our reporting link for immediate removal.
8. Terms of the agreement
These terms will begin upon your signup with the affiliate program and
will end when your affiliate account is terminated. The terms of this
agreement may be modified by us at any time. If any modification to the
terms is unnacceptable to you, your only choice is to terminate your affiliate
account. Your continuing participation in the program will constitute
your acceptance of any change.
The terms 'partner', 'affiliate', or 'member' do not imply any formal
association with eBusiness Empires, and the person does not have any
right on our products, logos or trademarks.
9. Liability
We will not be liable for indirect or accidental damages (loss of revenue,
commissions) due to affiliate tracking failures, loss of database files,
and any results of "intents of harm" to the program or our website.
We do not make any expressed or implied warranties with respect to the
affiliate program and/or products sold at this site. We make no claim
that the operation of the affiliate program and our website will be error-free
and we will not be liable for any interruptions or errors.
All advertising/promotional
systems and income opportunities contain
some risks. In other words, on occasion some do not receive any monetary
returns for their promotions or income structures.
10. Cancellation
Members who have received a refund, or repurchased
and then cancel are not eligible to "cash in" ad credits owing
for a monetary value, and any commissions due forfeited.
All accounts are always non-refundable.
Members who make payment and do not submit their information
as instructed by our website and staff, are not eligible to receive
a refund on the terms of "no services rendered". We instruct
every new member and will not be held responsible for member's
non-compliance with the instructions.
While we do our best to ensure ad credits are used up on
a timely basis, we cannot guarantee this will be the case. Internet traffic
fluctuates, and at times is slower world wide (i.e., summer months in
North America). This does not constitute 'non performance' of service.
All credits due will simply be remain until used. By using our service,
you agree not to hold eBusiness Empires responsible for the success or
failure of any marketing efforts.
These are not stipulations to
hurt you - they are for the protection of everyone. We have had
abusers in the past who have outright earned, or received targeted traffic
and still requested refunds or attempted unauthorized chargebacks. It
is NOT fair to those who are seriously trying, and it just hurts everyone.
Attempts at charge backs will
result in immediate fraud level proceedings: termination of accounts and
legal action will be taken, including possible collection action in the
country in which you reside. Attempts at chargebacks to paypal will result
in reverse fraud proceedings. If you have an issue, you must deal with
us through proper channels. "Forgetting" what you purchased
is not a valid excuse.
11. Commissions and Bonus Pools
Any tax liability on the amount of commissions received will be the
sponsor's responsibility. You are not employed by us nor are you entitled
to any benefits normally found in an employer/employee or stock holder
relationship. You are required to claim the commissions earned from
us on your tax return.
Direct commissions are currently at a rate of 30% ($8.95) immediately
paid out within 1-2 business days for all cleared payments. Commissions
earned over a weekend will be processed on the following business day,
Canadian time. If a payment is received as a "pending e-check",
or a mailed check instead of a money order, commissions will be withheld
until such payment has cleared, and will then be processed immediately.
We reserve the right to alter the rate of commission at any time without
notice, however, any changes will always be posted here. Any credits accumulated
will be at the new rate. I.e., the affiliate is not guaranteed to have
the same rate as the one started with. This is not a loophole to defraud
you, but a way for us to prepare for anything unforeseeable. (It may increase!)
While we do provide goals and incentives, we do not guarantee earnings
in any specific time frames. Our system is NOT an mlm system. Therefore,
you are responsible for referring others who purchase credits or other
member services in order to guarantee your earnings.
You may not "refer yourself" for any sales. In
other words, you cannot create multiple memberships where you get the
commissions for your purchases. Any affiliate found doing this will be
subjected to immediate dismissal. Please do not try to get around this
or any of our policies.
All members must be paid confirmed members in order to receive earnings.
If your account payment has not been received, any direct commissions
will be held for a maximum of 14 days for mailed payments. Payments not
received by the 14 day deadline will result in all commissions being forfeited.
12. Bonus Pool Earnings and Referral Bonuses
Bonus pools and referral bonuses are based on an approximate rate
of 20% of sales combined for a calendar month, bringing our payouts to
50% when combined with direct commissions.
All Bonus Pools and Referral Bonuses will be processed at a minimum of
once per month, on the first of the following month. Example: April's
Bonus Pool earnings and Referral bonuses will be processed on May 1st.
If the first of the month falls on a weekend, it will be processed on
the first business day.
In order to qualify for referral bonuses, you must simply ensure
your account is active, and you must refer more than 3 members directly
in a one calendar month time frame. As soon as you have referred a fourth
person, you are entitled to receive referral bonuses on ALL referrals
for that calendar month, including the first three referrals.
In order to qualify for bonus pool earnings, you must simply ensure
your account is active, and respond within 48 hours upon receiving bonus
pool notification in order to receive it.
Receiving or being eligible for bonus pool earnings DOES NOT constitute
that you are a shareholder, own stocks or any other "ownership"
of eBusiness Empires, and therefore you do not have legal rights to confidential
financial documents. This is not an investment opportunity nor is it
a lottery. We post monthly the amount of the bonus pools for
the month, and it is solely based on a percentage of the sale of services
for a calendar month. This means the bonus pools may fluctuate.
If you want the bonus pools to be higher, please continue to promote and
refer others, and encourage them to do the same.
13. Termination.
Either party without notice may terminate this
Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination
of this Agreement. If Members object to any of these Terms of Service
or any subsequent modifications, or becomes dissatisfied with the service
in any way, Member's only recourse is to immediately: (1) discontinue
use of the Service; and (2) terminate Service membership.
14. Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of the Province of Ontario, Canada applicable
to agreements made and to be performed in Ontario. You agree that any
legal action or proceeding between eBusiness Empires and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or provincial court of competent jurisdiction
sitting in the region of Niagara, Province of Ontario.
To the extent permitted by law, you agree not
to bring, join or participate in any class action as to any claim, dispute
or controversy you may have against us or our agents, servicers, directors,
officers and employees. You agree to the entry of injunctive relief to
stop such lawsuit or to remove you as a participant in the suit. You agree
to pay the attorney's fees and court costs we incur in seeking such relief.
This agreement is not a waiver of any of your rights and remedies to pursue
a claim individually and not as a class action in binding arbitration
as provided above. This agreement not to bring or participate in class
action suits is an independent agreement and shall survive other relationships.
By filling out this form you acknowledge that you have read the
terms and conditions, understand, and agree with them.
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