This agreement describes the entire terms
and conditions for participation in the OTOGoldMine.com Affiliate Program.
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 OTOGoldMine.com
ClickBank will create a unique URL for you when you submit a complete
Affiliate Enrollment Form.
You will receive 50% of the revenue as a commission from orders placed
through your Affiliate Site (unless noted otherwise for a particular
product) less the charges outlined by ClickBank in their agreement
http://www.clickbank.com/paychecks.html. 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. Commissions will only be paid on
sales that are made through qualified Affiliate links.
ClickBank will send a check for the applicable commissions within the
framework of their policies
http://www.clickbank.com/paychecks.html. If any order that generated a
referral fee is returned by the customer, or if there are any returned
checks or charge backs, the amount will be deducted by ClickBank from the
next payment due affiliate.
OTOGoldMine.com will be solely responsible for processing every order placed
by a customer on the Affiliate Site. You are not authorized to sell any of
these products from your site as a "reseller" and no "resale" rights are
granted in ANY way on these products unless otherwise noted.
Customers who purchase products and services through the Affiliate Program
will be deemed to be customers of OTOGoldMine.com. Accordingly, all 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. OTOGoldMine.com policies will always determine
the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate
link in order to qualify for commissions.
OTOGoldMine.com reserves the right not to accept any site into the Affiliate
Program based on site content. Sites that Do Not Qualify for the 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
OTOGoldMine.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
OTOGoldMine.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.
Term and Termination
The term of this Agreement will begin when you accept and will end when
terminated by either party. Either OTOGoldMine.com or you may terminate this
Agreement at any time, with or without cause, by giving the other party
written notice of termination. Upon the termination of this Agreement for
any reason, all licenses granted hereunder shall immediately terminate and
you will immediately cease use of, and remove from Affiliate's Web Site, all
links to the OTOGoldMine.com Site, and all OTOGoldMine.com trademarks and
logos, other OTOGoldMine.com Marks and all other materials provided in
connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole
discretion) that your site is unsuitable for the Program for any reason,
including, harmful, threatening, defamatory, obscene, sexually explicit
harassing, or racially, ethically, or otherwise objectionable, such as sites
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on sex,
religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities; or
- Infringe or otherwise violate any
copyright, trademark, or other intellectual property rights.
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.
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 links will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or errors.
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following
location: Jaipur. Any costs and fees other than attorney fees associated
with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at
the following location: Jaipur, under the rules of the Indian Laws. Judgment
upon the award rendered by the arbitration may be entered in any court with
jurisdiction to do so. Mediation will be shared equally by each of us.
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.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States
of America has set forth new Guidelines for Endorsements and Testimonials,
demanding that all Endorsers and Testimonial Givers divulge the nature of
their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to 'Clearly and
Conspicuously' divulge how you are monetarily compensated through your
referral sales, and that you receive(d) any other compensation from
OTOGoldMine.com, monetary or otherwise, as the case may be, whenever you put
forth any endorsement or testimonial in any media with the purpose of
endorsing our products or services with the intent to sell them to
You further agree to use only the promotional materials that have been
sanctioned by OTOGoldMine.com and to take full responsibility for your own
actions should you be investigated for not adhering to the Federal Trade
Commission of the United States of America has set forth new Guidelines for
Endorsements and Testimonials, and shall not hold OTOGoldMine.com
responsible in any way for actions or use of promottional materials not
sanctioned by OTOGoldMine.com
You further agree that you have read and understand the new Guidelines for
Endorsements and Testimonials 16 CFR Part 255 (which can be found at
the Federal Trade Commission of the United States of America has set forth
and which go into effect on December 1st, 2009. And you also hereby agree to
uphold ALL of the provisions contained in that document while endorsing or
promoting products or services for OTOGoldMine.com
Failure to do so may (at the sole discretion of OTOGoldMine.com) result in
immediate termination of your affilaite account, and forfieture of any
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.
If any of the provisions of this Agreement are determined by a court to be
unenforceable, they shall be severed from this Agreement, and the remaining
provisions shall remain in full force and effect.
By signing up with ClickBank, 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.
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