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MoreSolds Affiliate Program Terms of Service

 

MoreSolds is the product of MORESOLDS, LLC. (“MoreSolds.com”), a Corporation duly licensed under the laws of the State of Texas.  In this agreement MoreSolds shall refer to MoreSolds.com's Contact Relationship Management Program. By signing up to be an Affiliate of the MoreSolds Affiliate Program (“Program”), Affiliate, the Affiliate (“Affiliate”) is agreeing to be bound by the following terms and conditions (“Terms of Service”).

 

MoreSolds.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute Affiliate’s consent to such changes. Affiliate can review the most current version of the Terms of Service at any time at: http://www.moresolds.com/affiliates/terms.asp.  It is recommended that Affiliate return to this URL frequently for potential changes to the Terms of Service.

 

Violation of any of the terms below will result in the termination of Affiliate’s Account and for forfeiture of any outstanding affiliate commission payments earned during the violation.  Violation of any of the additional paragraphs may result in the termination of Affiliate’s Account and for forfeiture of any outstanding affiliate commission payments earned during the violation.  Affiliate agrees to use the Affiliate Program at Affiliate’s own risk.

 

1.     General Terms

 

   1. Affiliate must be 18 years or older to be part of this Program.
   2. Affiliate must be a human. Accounts registered by “bots” or other automated methods are not permitted.
   3. Affiliate must provide Affiliate’s legal full name, a valid email address, and any other information requested in order to complete the signup process.
   4. For United States businesses and or residents: in order to comply with IRS regulations, Affiliate may be asked to provide a Social Security or Employee Identification Number (“EIN”) prior to payment over a certain amount each year.
   5. Affiliate is responsible for maintaining the security of Affiliate’s account and password. MoreSolds.com cannot and will not be liable for any loss or damage from Affiliate’s failure to comply with this security obligation.
   6. Affiliate is responsible for all Content posted and activity that occurs under Affiliate’s account (even when Content is posted by others who have accounts under Affiliate’s account).
   7. One person or legal entity may not maintain more than one account.
   8. Affiliate may not use the Affiliate Program for any illegal or unauthorized purpose. Affiliate must not, in the use of the Service, violate any laws in Affiliate’s jurisdiction (including but not limited to copyright laws).
   9. Affiliate may not use the Affiliate Program to earn money on Affiliate’s own MoreSolds product accounts.
  10. Affiliate may not promote the MoreSolds product by directly promoting and/or distributing or causing to be distributed pornographic materials

 

2.     Links/graphics on Affiliate’s site, in Affiliate’s emails, or other communications

 

Once Affiliate has signed up for the Affiliate Program, Affiliate will be assigned a unique Affiliate Code. Affiliate is permitted to place links, banners, or other graphics MoreSolds may provide with Affiliate’s Affiliate Code on Affiliate’s site, in Affiliate’s emails, or in other communications. MoreSolds will provide Affiliate with guidelines, link styles, and graphical artwork to use in linking to MoreSolds.com or one of it’s MoreSolds websites ("Product Sites"). MoreSolds may change the design of the artwork at any time without notice, but MoreSolds won't change the dimensions of the images without proper notice.

 

To permit accurate tracking, reporting, and referral fee accrual, MoreSolds will provide Affiliate with special link formats to be used in all links between the MoreSolds Affiliate’s site and the Product Sites. Affiliate must ensure that each of the links between the MoreSolds Affiliate’s site and the Product Sites properly utilizes such special link formats. Links to the Product Sites placed on Affiliate’s site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." Affiliate will earn referral fees only with respect to sign-ups on a MoreSolds product site occurring directly through Special Links; MoreSolds will not be liable to Affiliate with respect to any failure by Affiliate or someone Affiliate refer to use Special Links or incorrectly type Affiliate’s Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to Affiliate pursuant to this Agreement.

 

Affiliate links must point to the main website of the product being promoted. Deep links, or links to other pages inside the product site will not earn credit.

 

Referral fees/commissions and payment

 

 

3.     Commissions Generally

 

a.      MoreSolds will pay recurring commissions for each month that a referral is a MoreSolds paying customer.

b.     The current commission rate MoreSolds shall pay Affiliates is: 20% of monthly revenue.

c.      The commission structure is subject to change at MoreSolds’s discretion. MoreSolds will notify all Affiliates of changes at the terms of service URL located here: http://www.moresolds.com/affiliates/terms.asp. 

d.     In the event that the Commissions rate changes, Commissions earned under the previous structure will be paid under the previous structure up and through the month in which the change in structure was made. Commissions, starting the first full month after the change in the Commissions Structure, will be paid under the new structure.

e.      Payments only begin once Affiliate has earned more than $100 in affiliate income. If Affiliate’s affiliate account never crosses the $100 threshold, Affiliate’s commissions will not be realized or paid. MoreSolds is only responsible for paying accounts that have crossed the $100 threshold.

 

4.     Commission Qualification

 

a.      For a Product sale to be eligible to earn a recurring commission fee, the customer must click-through a Special Link from Affiliate’s site, email, or other communications to a Product Site and sign up for the product within 60 days of that session.

b.     MoreSolds will only pay commissions on links that are automatically tracked and reported by it’s systems. MoreSolds will not pay commissions if someone says they signed up or someone says they entered a referral code if it was not tracked by our system. MoreSolds can only pay commissions on business generated through properly formatted special links that MoreSolds automatically tracked by it’s systems.

c.      MoreSolds reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

 

5.     Payments by PayPal

 

Commissions are paid by PayPal and only by PayPal. MoreSolds cannot send checks, credit credit cards, or send cash. Affiliate are required to have a PayPal account to receive commissions. If Affiliate does not have a PayPal account Affiliate can sign up for one at any time, but Affiliate will not be paid until Affiliate has one.

 

6.     Identifying Affiliate’s self as a MoreSolds Affiliate

 

Affiliate may not issue any press release with respect to this Agreement or Affiliate’s participation in the Program; such action may result in Affiliate’s termination from the Program. In addition, Affiliate may not in any manner misrepresent or embellish the relationship between MoreSolds and Affiliate, say, allege or indicate that Affiliate developed MoreSolds products, say Affiliate is part of MoreSolds.com or express or imply any relationship or affiliation between MoreSolds and Affiliate or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that MoreSolds support, sponsor, endorse, or contribute money to any charity or other cause).

 

Affiliate may not purchase products through Affiliate’s affiliate links for Affiliate’s own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

 

7.     Payment schedule

 

As long as Affiliate’s current affiliate earnings are over $100, Affiliate will be paid roughly every 30 days. If Affiliate has not earned $100 since Affiliate’s last payment, MoreSolds will pay Affiliate roughly 30 days after Affiliate has crossed the threshold. Payments are made only via PayPal.

 

8.     Customer definition

 

Customers who buy products through this Program will be deemed to be MoreSolds’s customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. MoreSolds may change our policies and operating procedures at any time. For example, MoreSolds will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that Affiliate have listed on Affiliate’s site, Affiliate should not display product prices on Affiliate’s site. MoreSolds will use commercially reasonable efforts to present accurate information, but MoreSolds cannot guarantee the availability or price of any particular product.

 

9.     Affiliate’s responsibilities

 

Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate’s site and for all materials that appear on Affiliate’s site. For example, Affiliate will be solely responsible for including but not limited to, the following:

 

a.      The technical operation of Affiliate’s site and all related equipment

b.     Ensuring the display of Special Links on Affiliate’s site does not violate any agreement between the MoreSolds Affiliate and any third party (including without limitation any restrictions or requirements placed on Affiliate by a third party that hosts Affiliate’s site)

c.      The accuracy, truth, and appropriateness of materials posted on Affiliate’s site (including, among other things, all Product-related materials and any information Affiliate include within or associate with Special Links)

d.     Ensuring that materials posted on Affiliate’s site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

e.      Ensuring that materials posted on Affiliate’s site are not libelous or otherwise illegal

f.       Ensuring that Affiliate’s site accurately and adequately discloses, either through a privacy policy or otherwise, how Affiliate collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

 

10.   Compliance with Laws

 

As a condition to Affiliate’s participation in the Program, Affiliate agree that while Affiliate are a Program participant Affiliate will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over Affiliate, whether those laws, etc. are now in effect or later come into effect during the time Affiliate are a Program participant. Without limiting the foregoing obligation, Affiliate agree that as a condition of Affiliate’s participation in the Program Affiliate will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

 

11.   Term of the Agreement and Program

 

The term of this Agreement will begin upon our acceptance of Affiliate’s Program application and will end when terminated by either party. Either Affiliate or MoreSolds 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, Affiliate will immediately cease use of, and remove from Affiliate’s site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to Affiliate pursuant hereto or in connection with the Program. MoreSolds reserves the right to end the Program at any time. Upon program termination, MoreSolds will pay any outstanding earnings accrued above $100.

 

12.   Termination

 

MoreSolds, in its sole discretion, has the right to suspend or terminate Affiliate’s account and refuse any and all current or future use of the Program, or any other MoreSolds service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Affiliate’s Account or Affiliate’s access to Affiliate’s Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in Affiliate’s Account if they earned them through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. MoreSolds reserves the right to refuse service to anyone for any reason at any time.

 

13.   Relationship of Parties

 

Affiliate and MoreSolds are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on Affiliate’s site or otherwise, that reasonably would contradict anything in this Section.

 

14.   Limitations of Liability

 

MoreSolds 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 MoreSolds have been advised of the possibility of such damages. Further, MoreSolds’ aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Affiliate under this Agreement.

 

15.   Disclaimers

 

MoreSolds makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, MoreSolds makes no representation that the operation of the Product Sites will be uninterrupted or error-free, and MoreSolds will not be liable for the consequences of any interruptions or errors.

 

16.   Arbitration

 

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Texas excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Austin, Texas pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the Arbitration Rules. The parties will cooperate with the arbitration firm and with each other in promptly selecting a single arbitrator from a panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then the arbitration firm will appoint an arbitrator in accordance with their rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

 

17.   Miscellaneous

 

This Agreement will be governed by the laws of the United States and the state of Texas, USA, without reference to rules governing choice of laws. Affiliate 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 Affiliate’s 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.

 

The failure of MoreSolds to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the MoreSolds Affiliate and MoreSolds and govern Affiliate’s use of the Service, superceding any prior agreements between the MoreSolds Affiliate and MoreSolds (including, but not limited to, any prior versions of the Terms of Service).

 

18.   Contract Revisions

 

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Affiliate upon continued use of MoreSolds Affiliate Program by Affiliate.

 

19.   Indemnification

 

The Affiliate agrees that it shall defend, indemnify, save and hold MoreSolds harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against MoreSolds, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Affiliate, its agents, employees or assigns. The Affiliate agrees to defend, indemnify and hold harmless MoreSolds against Liabilities arising out of including but not limited to, (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Affiliates affiliate connection to MoreSolds; (ii) any material supplied by the Affiliate infringing or allegedly infringing on the proprietary rights of a third party; and (iii) copyright infringement.
 
20.   Severability. 
If any provision of this Agreement or the application of such provision to any party or person or circumstance shall be held illegal, invalid, or unenforceable, the remainder of this Agreement, or the application of such provision to a party or person or circumstance other than those as to which it is held illegal, invalid, or unenforceable shall not be affected thereby.  Each provision of this Agreement is intended to be severable, and if any provision is illegal, invalid or unenforceable in any jurisdiction, this will not affect the legality, validity or enforceability of such provision in any other jurisdiction or the validity of the remainder of this Agreement.

21.   Nondisclosure

 

Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, MoreSolds and MoreSolds.com will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.

 

22.   Force Majeure

 

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed or other occurrences which are beyond either party's reasonable control.

 

23.   Independent Investigation

 

AFFILIATE ACKNOWLEDGE THAT AFFILIATE HAS READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT MORESOLDS MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE MORESOLDS SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE’S MORESOLDS SITE. AFFILIATE HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

 

 

24.   Entire Agreement

 

This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters.
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