| The terms "Affiliate,"
"you," and "your" refer to you, the applicant.
"We" and "our" refer to Xpress Innovations. We
are independent parties, this agreement will not form any partnership.
Duration
This agreement will commence once your affiliate application
has been accepted and will cease when terminated by either party.
Termination may happen at any time, with or without cause, by giving
the other party written notice of termination.
Changes
Changes may be made to the terms and conditions within this
Agreement at any time and at our sole discretion. The changes may
include, but not limited to, changes in referral fees, fee schedules,
payment procedures and program rules. If you find any of the changes
unacceptable, you must terminate the Agreement. The changes will be
updated on this web site and you will also be notified of any changes
by email. If You continue to participate in the Program following
the change, it will be considered that you have accepted the change.
Commission
You will receive a percentage based commission on all sales after shipping and transaction expenses referred through your affiliate links. This percentage is based on your affiliate type as well as your monthly sales volume. For example a ShawnTrautman.com Affiliate structure is:
Monthly Sales of $0-$1,999.99 is Bronze with a 25% commission
Monthly Sales of $2,000.00-$3,999.99 is Silver with a 30% commission
Monthly Sales of $4,000.00 and up is Gold with a 35% commission
The cookie duration is 365 days, i.e. you will be entitled to receive
the commission if a customer completes their transaction on ShawnTrautman.com within 365 days of finding
us from your referral. The cookie expires after the first transaction placed by the customer.
Commission can only be earned between the acceptance of the Affiliate
application and notice of termination. Fees will be paid by Xpress
Innovations on approved orders. Any returned DVDs, chargebacks or
fees from a returned order will be adjusted in the next fee payment.
Payment
Payments are made monthly and the minimum payment will be
$20 US. If your commission in a month is less than $20 US, the amount
outstanding will be carried forward and included in the payment for
the following pay period.
Liability
Xpress Innovations and Shawn Trautman's Dance Collection
through www.shawntrautman.com will not be liable for any indirect
damages, loss of revenue, profits or data arising, in connection with
the Agreement of the Program, even if we have been informed of the
possibility of such damages.
Processing Orders
It is the responsibility of Xpress Innovations to process
every order placed by a customer on our sites. Customers who purchase
products through the Affiliate Program will be customers of the advertised
site. Prices and availability of our products and services may vary
on occasions.
Xpress Innovations reserve the right to reject any order that does
not comply with our operating procedures and policies.
Restrictions
We reserve the right not to accept sites into the Affiliate
Program based on site content. Sites that do not qualify for the Affiliate
Program include, but are not limited to:
Pornograhic and sexually explicit content Violent content. Discrimination
content based on race, sex, religion, nationality or disability. Content
promoting illegal activities. Content violating intellectual property
rights.
Unsolicited Emailing
All Affiliates are expected to adhere to the Xpress Innovations
policy of not participating in any mass unsolicited emailing. Any
violation of this policy will result in the Affiliate being immediately
dismissed from the Affiliate Program with all unpaid commissions being
forfeited.
Disclaimer
Xpress Innovations does not express or imply any warranties
or representations in respect of the Affiliate Program or an Affiliate's
potential to earn income from our Program. We make no representation
that either our site or that of the Affiliate Program will be uninterrupted
or error-free and we will not be liable for any consequences of interruptions
or server down time.
Jurisdiction
This Agreement will be governed by the laws of United States
of America and any action relating to this Agreement must be brought
in the courts located within United States of America where you 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 participating in this Affiliate Program you are acknowledging
and consenting 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.
Copyright © 2008 Xpress Innovations, Inc. All rights reserved.
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