01/01/2007
This agreement describes the entire terms and conditions for participation
in the AGENTMENU.COM Affiliate Programs.
The AGENTMENU.COM Affiliate Program (which includes AgentMenu.com, LeadsAreFree.com,
Digagent.com, WOW123mortgage.com) is owned and operated by AgentMenu.com
with Mark Meurer as owner.
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 AgentMenu.com Affiliate Program.
Affiliate Site
AGENTMENU.COM Affiliate Program will create a unique URL for you when
you submit a complete Affiliate Enrollment Form.
Affiliate Qualification
Affiliate is required to own the COMBO PAK and be a current subscribing
member of the Platinum Club. Exceptions require written consent from AGENTMENU.COM
and Mark Meurer.
Commissions
You will receive commissions from orders placed through your Affiliate
Site. 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.
The commission structure is as follows:
1.
Combo Pak - 20% of the $599 sale price (currently $119.80 per sale)
2.
Digital Agent System – 20% of the $499 sale price (currently $99.80
per sale)
3.
Mortgage Lead System – 20% of the $399 sale price (currently $79.80
per sale)
4.
How to generate No-Cost & Low-Cost Leads – 20% of the $59 sale
(currently $11.80 per sale)
5. Platinum
Club Monthly Subscription – With the current pricing there is NO
Commission.
Payment
AGENTMENU.COM or Mark Meurer will send a paypal.com payment or a check
for the applicable commissions on or about the 1st of the month for the
previous month's commissions. 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 from the next monthly payment. If there is
no subsequent payment, the Affiliate will be invoiced. A minimum of $40
needs to accumulate in your commission account before a payment will be
processed.
NOTICE: WE DO NOT MAKE PAYMENTS
TO PEOPLE WHO USE THE AFFILIATE PROGRAM TO PURCHASE THEIR OWN PRODUCTS.
THE AFFILIATE PROGRAM IS DESIGNED TO ALLOW PEOPLE TO PROMOTE OUR PRODUCTS
TO OTHER PEOPLE AND NOT THEMSELVES. In other words, please don't
sign up for the affiliate program and then use your own link to purchase
a product. You will only receive commissions for products that are sold
to other people.
Order Fulfillment
AGENTMENU.COM will be solely responsible for processing every order placed
by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate Program
will be deemed to be customers of AGENTMENU.COM. Accordingly, all AGENTMENU.COM
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. AGENTMENU.COM policies will always
determine the price paid by the customer.
Qualifying Sites
AGENTMENU.COM reserves the right not to accept any site into the Affiliate
Program based on site content. Sites that Do Not Qualify for the AGENTMENU.COM
Affiliate Program include sites which:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
promote illegal activities
violate intellectual property rights
Unsolicited Commercial Email or SPAM
AGENTMENU.COM 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 AGENTMENU.COM Affiliate Program,
with no refund. Bottom line: If you spam you're out!
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 to 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.
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.
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.
Send all your questions to: mark@agentmenu.com
|