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Mind Like
Water
Online Affiliate Program Agreement
This
Agreement contains the terms and conditions that apply to an individual or
entity’s participation in the Online Affiliate Program (Program) operated by
Mind Like Water, Inc. As used in this Agreement, "we" means Mind Like Water,
and "you" means the participant. Nothing in this Agreement shall create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties.
Enrollment in Program
Enrollment
in the Online Affiliate Program requires that we receive a signed Online Affiliate
Program Agreement from you, and that we determine your website is suitable
for participation in this Program. The Program is designed for participants
aged 18 and above who can form legally binding contracts under applicable
law. By accepting this Agreement and participating in the Program, you
acknowledge that you meet these criteria. We reserve the right to accept or
reject any individual or entity requesting to participate in our Affiliate
Program.
Linking
Upon
approval of your application, we will provide you with the procedures and
links to use in linking to our website. To ensure accurate tracking,
reporting and commission accrual, we will provide you with a unique
affiliate identification number to be used in all links between your site
and our site. You must make sure these links are properly utilized. We will
not be held liable for any failure by you to accurately use the links.
You
will also receive a username and password with which you will have the
ability to enter a password-protected website to receive your sales
statistics.
Use of Materials
We grant
you permission to use the graphic images found on the Mind Like Water
website (www.mind-like-water.com)
or the Rogue Investor website (www.rogueinvestor.com)
solely for the purpose of identifying your site as an Online Affiliate
Program participant and to assist in generating sales. Concepts used in the
text found on either of these two websites may be used; however, sections of
text longer than a three-line paragraph may not be used. You are expected to
create your own text using the concepts we have created as an aid. Copying
and/or plagarizing text directly from either of these two sites is strictly
prohibited. We reserve all rights to any graphic image and text, or any
other images, our trade name and trademark.
Commissions
We will
pay, in U.S. dollars, commissions on orders that are placed on a click
through from your site. Commissions will only be paid after an order is
fully processed and paid. The percent earned on products/services is as
shown on the following web page:
http://www.mind-like-water.com/partner_program.html. Any customer returned
products or chargebacks will be deducted from the next check. Checks will be
sent out monthly for earnings of at least $25.
Order Processing, Policies
and Pricing
We will be
responsible for all aspects of order processing and fulfillment, including
shipping and returns. We reserve the right to reject any order that does not
comply with our requirements. Customers who purchase products through this
Online Affiliate Program will be deemed to be customers of Mind Like Water.
All rules, policies, customer service and product sales will apply to those
customers. We may change our policies and procedures at any time and prices
and availability may vary. Affiliates must sell Mind Like Water and Rogue
Investor products for the same price as we sell it for (see
http://www.mind-like-water.com/partner_program.html).
Spam and Email Campaigns
The use of
mass emailing to promote Mind Like Water or Rogue Investor products is
strictly prohibited, unless your email list is approved by Mind Like Water.
In addition, the affiliate must comply with applicable federal (CAN-SPAM
Act) and state spam laws.
Pay Per Click Advertising
Pay per
click advertising campaigns must be approved by Mind Like Water in advance.
Terms of the Agreement
We may at
any time modify any of the terms and conditions of this Agreement by
emailing you a change notice or new agreement. If any modification is
unacceptable to you, your only recourse is to terminate this Agreement. Your
continued participation in the Program following such modification will
constitute acceptance of the change.
Either party may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. If this
Agreement is terminated, you will immediately cease use of, and remove from
your site, all links to our site, and all of Mind Like Water’s and Rogue
Investor’s trademarks, logos, and all other materials provided by or on
behalf of us to you in connection with the Online Affiliate Program. All
commissions earned through the date of termination will remain payable only
if the related orders are not cancelled or returned. We may hold your final
payment for a reasonable time to ensure the correct amount is paid.
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
Online Affiliate Program, even if we have been advised of the possibility of
such damages. Furthermore, our aggregate liability arising with respect to
this Agreement and the Program will not exceed the total commissions paid or
payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to
the Program or any products/services sold through the Program (including,
without limitation, warranties of fitness, merchantability, noninfringement,
or any implied warranties arising out of a course of performance, dealing,
or trade usage). In addition, we make no representation that the operation
of our site will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors. Neither party shall be
liable to fulfill its obligations hereunder, or for delays in performance,
due to causes beyond its reasonable control, including, but not limited to,
acts of God, acts or omissions of civil or military authority, fires,
strikes, floods, epidemics, riots or acts of war.
Miscellaneous
This
Agreement will be governed by the laws of the United States and the State of
Kansas. 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 be 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.
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