Mabel Katz Affiliate Agreement

Your Business, Inc. represents mabelkatz.com, hooponoponoway.net, businessbyyou.com and any other domains related or belonging to Mabel Katz.

Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

Affiliate Responsibilities:

  • By signing up to our affiliate program you agree:
  1. to use our system in a manner that is ethical and in conformity with community standards;
  2. to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user);
  3. to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
  4. to accept notifications of service changes, commercial email and similar offers presented through the websites or via email.
  • You must disclose the relationship you have with us on your website. According to the new FTC affiliate, testimonials and endorsement rules which went into effect on December 1, 2009, you must disclose that you might get paid or receive a steady stream of products from us. For more information about this unavoidable disclosure please visit the FTC website and read the complete FTC guidelines which can be downloaded here.

  • Not-SPAM policy. We strictly prohibit any involvement in unsolicited commercial e-mail campaigns known as SPAM. This includes, but is not limited to email, blog comments, trackback and articles. Should we find any complaint about you spamming with our products mentioned, we reserve the right to forfeit any payable commissions and terminate your affiliation with us. Your service will be terminated immediately and without warning should you use our system as part of any bulk email campaign. You may also be subject to fines and legal actions as a result of your bulk email promotion.

  • The affiliate declares to understand that Your Business, Inc. does not guarantee or predict any type of profit or response from said services. Subscriber irrevocably covenants, promises and agrees to indemnify all the websites and to hold the websites harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the websites may sustain or to which the websites may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

  • You are not allowed to make any performance claims when promoting our products. An example or performance claim is, “Ben made $X in 30 days after subscribing to BlogEnergizer”. But you can tell people how satisfied you are with the quality of the content or how it helped you achieve your blogging goals.

  • General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

Your Business, Inc.’s responsibilities:

  • Affiliate payments are paid out by the 5th day of each month for the previous month’s earnings ($25 minimum payout threshold). Should customer request refund, the commission will be reversed in your account (showing negative).

  • Commissions are paid only on referred sales. Commissions will be voided for your own purchases.

  • We will strive to create as many quality tools and promotional material to aid you in your success. While you are allowed, to create your own content and promotional materials, they must comply with the guidelines set forth by the FTC.

  • We reserve the right to monitor affiliate activity to the best of our abilities and resources to ensure compliance with our terms. Failure to comply would lead to a termination of your account and forfeit of commissions.

  • We reserve the right to change or update the policy at any time as well as the terms and conditions of this agreement as needed.

  • We will however, notify you of such changes. As affiliate, we recommend you be continuously subscribed to our affiliate newsletter, to ensure you receive these important updates to our policies and any changes to your affiliate account.

  • By using your affiliate link and/or any of our promotional materials, you indicate agreement to these terms and conditions.

  • No warranties. We make no warranties to you of any kind, expressed or implied, with respect to the service Your Business, Inc., its subcontractors and affiliates provide you. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose.  We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information, if notwithstanding this clause we are held liable to you.

Notices: All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

Termination: If we learn of a violation or likely violation of our Terms of Service, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the Terms of Service, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

We may terminate your affiliate account:

    1. if you violate our Terms of Service Policy;
    2. if you breach any term of this agreement;
    3. if you are involved in the sales and/or distribution of any illegal materials;
    4. if you promote in a manner that is unethical or inappropriate;
    5. for any reason, at our sole discretion.

Remember: all content you might create, while allowed, must comply to the guidelines set forth by the FTC
If you have any doubt or question regarding these rules, please contact us at support@mabelkatz.com.

 

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