This agreement describes the entire terms and conditions for participation in the Earache Cure™ Affiliate Program.
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" or "us" refers to Earache Cure™
ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form.
You will receive 50% of the revenue as a commission from orders placed through your Affiliate Site (unless noted otherwise for a particular product) less the charges outlined by ClickBank in their agreement http://www.clickbank.com/paychecks.html. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales which are made through qualified Affiliate links.
ClickBank will send a check for the applicable commissions within the framework of their policies http://www.clickbank.com/paychecks.html. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or chargebacks, the amount will be deducted by ClickBank from the next payment due affiliate.
Earache Cure™ will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Earache Cure™. Accordingly, all Earache Cure™ 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. Earache Cure™ policies will always determine the price paid by the customer.
Earache Cure™ reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Earache Cure™ Affiliate Program include sites which:
Unsolicited Commercial Email or SPAM
Earache Cure™ 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 Earache Cure™ Affiliate Program, with no refunds. Also, those found to be spamming will be reporter to the FTC and every other governing body we can find.
Bottom line: If you spam you’re out and, based on the new spam laws, you will potentially face severe criminal and legal penalties!
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, or to bind us to any obligation or responsibility to any third party. 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 to this Agreement.
Earache Cure is a trademarked name and you have no rights to use this name for any purpose. You affirm and acknowledge that all information appearing on your website does not infringe upon the intellectual property rights of any third party, including but not limited to copyrights, and the rights of privacy and publicity, and You agree to indemnify and hold Us harmless, and our directors, employees, officers, representatives, agents, and contractors for any costs and fees associated with claims of intellectual property infringement. All activities undertaken by you shall be made in accordance with prudent business practices and in accordance with all applicable laws and regulations. All information obtained from us shall be our sole and exclusive property.
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 links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. You will be solely responsible for the development, operation, and maintenance of your site and for all materials related thereto.
IN ADDITION ANY PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY, AND WE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE LINKS, THE TRACKING DATA, THE OPERATION OF THE WE SITE, OR ANY THIRD-PARTY'S PROCEDURES AND SYSTEMS FOR TRACKING AND REPORTING SALES GENERATED BY YOUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA. WE SHALL HAVE NO LIABILITIES OR OBLIGATIONS UNDER WARRANTY OR OTHERWISE TO ANY OF YOUR CUSTOMERS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF WE'S PRODUCTS OR SERVICES.
We may modify any of the terms and conditions contained in this Agreement at any time in our sole and absolute discretion effective immediately upon notice to you. Modifications may include, but are not limited to, changes in fees, payment procedures, and permitted activities. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT, AS APPLICABLE.
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 links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. 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.
This agreement may be terminated by either party in writing or by email. Upon termination of this Agreement, You shall immediately cease serving or using any links to our website.
By signing up with ClickBank, 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.
Affiliate Manager of Earache Cure™