|
TERMS AND CONDITIONS
This Affiliate
Agreement ("the Agreement") is made
between Business Management Club, Inc, a Nevada
Corporation, and you, as our Affiliate.
1. AGREEMENT ACCEPTANCE.
You agree to adhere to the terms and conditions
outlined in this agreement. By clicking on the
"I accept" button on the Affiliate Application
Form you indicate your unconditional acceptance
of this Agreement. You will be authorized to become
our Affiliate and use various information, graphics,
links, and utilities, provided by Business Management
Club, Inc., on your website only upon your acceptance
of this Agreement.
2. AFFILIATE RELATIONSHIP.
Business Management Club, Inc. agrees to
compensate you, the Affiliate, with a one-time
commission, based on the current commission rate,
as outlined below, when someone makes a purchase
of a product, provided by Business Management
Club, Inc. as a result of clicking on the Affiliate
Link on your website, and in accordance with the
provisions in this Agreement. For the purpose
of this Agreement you and Business Management
Club, Inc. are deemed to be independent contractors.
This Agreement does not provide for the creation
of any partnership, franchise, joint venture,
sales representation, agency, or employment relationship
between the parties. This Agreement does not provide
you with any authority to make or accept any offers
or representations on behalf of Business Management
Club, Inc., nor to make any statements, whether
on your site or otherwise, that would reasonably
contradict anything in this Agreement.
3. AFFILIATE LINK.
Affiliate Link is a hyperlink to the Business
Management Club, Inc. website that is copied from
our individual password-protected Affiliate Administration
area on our site at www.bestbusinessinfo.com and
pasted on your site. This hyperlink is presented
in a form of a special HTML code. It will be your
responsibility to ensure that this HTML code is
not changed in any way, because such a change
may cause an improper functioning of the tracking
function. Business Management Club, Inc., therefore,
will not be responsible for any error in crediting
you with a sale and commission payment, if this
HTML code is altered by you in any way after copying
it from our website.
4. PAY-PER-SALE.
Our Affiliate Program is designed to initiate
the commission payment to you, the Affiliate,
only after a visitor from your website has purchased
a product from Business Management Club, Inc.
online through an Affiliate Link on your website.
Such a purchase, however, must be made within
the first six months period from the date of the
initial visit by the visitor from your website
in order for you to be eligible for the commission.
Otherwise, you will not be eligible for a commission
payment by the Business Management Club, Inc.
If a visitor passes through Affiliate Links from
two or more different Affiliates before making
a purchase of our products, then the commission
will be paid by Business Management Club, Inc.
to the Affiliate, whose Affiliate Link was used
last.
5. COMMISSION RATE. The
commission per sale is currently 20% (twenty percent)
of the sales amount (not including any shipping
charges and taxes) to the primary affiliate. Commissions will be paid on
sales of products developed by the Business Management
Club, Inc. only. The commission rates may be changed
or discontinued at any time with a thirty-day notification
as provided herein.
6. COMMISSION TRACKING.
Business Management Club, Inc. is using a special
Affiliate Management Program designed to track
the purchases of its products through Affiliate
Links placed on the Affiliate's websites. This
tracking procedure is accomplished by placing
a cookie with your Affiliate ID in your visitor's
browser, when your visitor is clicking on the
Affiliate Link on your site. In addition, your
visitor's IP address will be logged with your
Affiliate ID. When your visitor makes the initial
visit to our website, or when a purchase is made
during the six months period from the date of
the first visit, our Affiliate Management Program
will initiate the commission payment to you, based
on the existence of the cookie or a match of the
IP address in the database. You agree to unconditionally
accept the sales tracking performed by the Affiliate
Management Program selected and used by the Business
Management Club, Inc.
7. CHARGE-BACK.
Business Management Club, Inc. reserves the right
to reverse any commission payment allocated or
made to you, the Affiliate, if the purchaser makes
a duplicate entry, later returns a product, enters
through an non-qualified link, makes an unauthorized
payment, or does not make full payment to Business
Management Club, Inc.
8. PAYMENTS. Business
Management Club, Inc will issue payments of all
commissions due to you, the Affiliate, by check
in US funds at the end of any month that your
accumulated commission totals US $100 or more.
You, the Affiliate, will not be eligible to earn
a commission on your own original purchase of
any Business Management Club, Inc. products. All
United States Affiliates (individual/resident/corporation/business)
must provide Business Management Club, Inc. with
a completed W-9 Federal Tax form before Business
Management Club, Inc. will issue a check to the
Affiliate. Business Management Club, Inc. agrees
to issue a 1099 to Affiliates only if their calendar
year payments exceed the maximum payout allowed
without a 1099 under Federal tax law (currently
US $600, 10/1/01).
9. CHANGES TO THE PROGRAM.
Business Management Club, Inc. reserves the right
to change, modify, add, or remove portions of
this Agreement at any time, and may add to, change,
suspend or discontinue any aspect of its Affiliate
Program at any time. In this case Business Management
Club, Inc. will notify you, the Affiliate, of
such changes either by an e-mail or by posting
an Affiliate Program Change Notice in the Affiliate
Area of our website. Upon such time you may either
agree to such changes or withdraw from the Affiliate
Program.
10. REGISTRATION. Business
Management Club, Inc. requires that you, the Affiliate,
should be at least 18 (eighteen) years old in
order to be eligible to sign up with our Affiliate
Program.
11. TERMINATION.
BUSINESS MANAGEMENT CLUB, INC. RESERVES THE RIGHT
TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE
SITE AS A AFFILIATE. THE FOLLOWING TYPES OF SITES
ARE NOT ACCEPTED TO PARTICIPATE AS AFFILIATES:
SITES THAT PROMOTE ILLEGAL ACTIVITY, ADULT SITES,
SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE
VIOLENCE, HATRED, OR BIGOTRY.
12. LIMITATION OF LIABILITY.
BUSINESS MANAGEMENT CLUB, INC. DOES NOT WARRANT
THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S
REQUIREMENTS OR THAT THE OPERATION OF THE BUSINESS
MANAGEMENT CLUB, INC. WEBSITE AND ORDERING SYSTEM
OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED
OR ERROR-FREE. IN NO EVENT WILL BUSINESS MANAGEMENT
CLUB, INC. BE LIABLE TO THE AFFILIATE OR ANY THIRD
PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION
OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING
SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF
BUSINESS MANAGEMENT CLUB, INC. HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
13. OWNERSHIP AND LICENSES.
Business Management Club, Inc. grants a non-exclusive,
limited, revocable right to you, the Affiliate,
to use Business Management Club, Inc. trademarks
and banners. All images, programs, HTML code,
and content provided by Business Management Club,
Inc. shall remain the sole property of Business
Management Club, Inc., and no part shall be deemed
assigned or licensed to the Affiliate, unless
explicitly provided for in this Agreement. All
intellectual property rights, including trademarks,
copyrights, trade names, and service marks shall
remain the sole property of Business Management
Club, Inc., including rights in and to any derivatives
of them. The Affiliate may not modify the trademarks,
banners, the content, or any of the images, provided
by Business Management Club, Inc. in any way.
14. FORCE MAJEURE.
Neither Business Management Club, Inc. nor you,
the Affiliate, shall be liable under this Agreement
by reason of any failure or delay in performance
of its obligations in this Agreement on account
of strikes, riots, insurrection, fires, flood,
storm, earthquakes, explosions, war, acts of God,
governmental action, labor conditions, shortages,
or any other cause which is beyond the reasonable
control of Business Management Club, Inc. or the
Affiliate.
15. ASSIGNABILITY.
Business Management Club, Inc. may assign this
Agreement to any successor it deem to select at
any time.
16. SEVERABILITY.
If any provision of this Agreement will be found
unlawful in the Court of Law, void, or for any
reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall
not affect the validity and enforceability of
any and all remaining provisions in this Agreement.
17. AGREEMENT TO ARBITRATE.
Business Management Club, Inc. and you, the Affiliate,
hereby irrevocably agree that by entering into
this Affiliation Agreement, both parties give
up their constitutional rights in case of any
dispute whatsoever, to have such a dispute decided
in a Court of Law before a jury, and instead accepting
the use of arbitration.
18. JURISDICTION. Regardless
of the place of executing this Agreement, you,
the Affiliate, agree that for the purpose of the
venue, this Agreement was entered into in Los
Angeles, California, USA, and any dispute will
be arbitrated in Los Angeles County, California
by an arbitrator, selected by the California Arbitration
Association. This Agreement shall be governed
by California Law.
19. TERM AND TERMINATION.
This agreement will remain in effect until terminated
by either party. The Agreement may be terminated
by Business Management Club, Inc. or by you, the
Affiliate, for any reason whatsoever upon giving
thirty (30) days prior e-mail or written notice,
or immediately upon notice of any breach of the
provisions of this Agreement. Upon termination
you may no longer use Business Management Club,
Inc. banners, images, content, trademarks, etc.
on your site, or provide hyperlinks to the Business
Management Club, Inc. site.
20. INDEPENDENT INVESTIGATION.
IT IS HEREBY ACKNOWLEDGED THAT YOU, THE
AFFILIATE, HAVE READ THIS AGREEMENT AND AGREED
TO ALL OF ITS TERMS AND CONDITIONS. YOU UNDERSTAND
THAT BUSINESS MANAGEMENT CLUB, INC. CONDUCTS BUSINESS
ONLINE AND PROVIDES VARIOUS PRODUCTS AND SERVICES,
WHICH MAY OR MAY NOT BE IN DIRECT COMPETITION
WITH YOUR OWN PRODUCTS AND/OR SERVICES. BUSINESS
MANAGEMENT CLUB, INC. IS CONTINUOUSLY SEEKING
FOR ADDITIONAL OUTLETS TO MARKET ITS PRODUCTS
AND SERVICES AND MAY ENTER INTO AGREEMENTS WITH
OTHER ORGANIZATIONS FOR THIS PURPOSE. FINALLY,
YOU CONFIRM, THAT YOU HAVE INDEPENDENTLY EXAMINED
THE REASONS FOR PARTICIPATING IN THIS AFFILIATE
PROGRAM AND YOU DID NOT RELY ON ANY REPRESENTATION,
GUARANTEE, OR STATEMENT MADE HEREIN.
21. SOLE AGREEMENT.
This Agreement constitutes the sole agreement
between Business Management Club, Inc. and you,
the Affiliate, regarding the Affiliate Program.
 Please
go to Affiliate
Application Form to complete your application.
|
