Heart Detectives Affiliate Agreement
This agreement describes the entire terms and conditions for participation in the Heart Detectives Affiliate Program. Heart Detectives is owned and operated by Texpo Inc. In this agreement, Heart Detectives and Texpo Inc. are collectively referred to as Heart Detectives. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Heart Detectives. Affiliate Site Heart Detectives will create a unique tracking URL for you when you submit a complete Affiliate Enrollment Form. This is the tracking URL for your unique Affiliate Site and is to be used in all banner and Text Links to receive credit. Commissions For a sale to generate a commission to an Affiliate, the customer must remit full payment for the service ordered. Commissions will only be paid on sales that are made through qualified Affiliate Sites. Payment Heart Detectives Uses CCBill.com for all their affiliate tracking and payments will send a check weekly if the total earned by the affiliate is at least US $25. If the total is less than US $25, they will be "rolled over" into your next check until the US $25 threshold is met. If a customers order that generated a referral fee is for any reason refunded, or if there are any returned checks or charge backs, the amount will be deducted from the next payment. Order Fulfillment Heart Detectives will be solely responsible for processing orders for service placed by a customer on the Affiliate Site. Heart Detectives reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Customers Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Heart Detectives. Accordingly, all Heart Detectives rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Heart Detectives policies will always determine the price paid by the customer. Qualification for Commissions Affiliates must have an active link from their web site to their Affiliate site to qualify for commissions. Linking code and banners will be provided for you. Qualifying Sites Heart Detectives reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Heart Detectives Affiliate Program include sites which: *promote violence *promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age *promote illegal activities *violate intellectual property rights (Please Read) Unsolicited Commercial Email Heart Detectives in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Heart Detectives Affiliate Program, with no refund. 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 this statement. Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. The laws of the United States will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Minneapolis, Minnesota, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. By submitting the Affiliate Order form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
