Affiliate Agreement
This agreement describes the entire terms and conditions for participation
in the HurricaneBlaster.com Affiliate Program. In this agreement,
the term "Participant" refers to you (the applicant),
and "sponsoring web site" refers to the web site from
which you will link to us.
HurricaneBlaster.com
is the sole and exclusive owner of all right, title and interest
including all intellectual property rights in and to the contents,
logos, style, design, look and feel, trade names, trademarks
to all literary works, computer software programs, products,
goods and services (including and all future versions thereof)
currently entitled the ("Product"). Product refers
to the singular as well as the plural.
You
can add or remove links any time you wish:
You
may add as many links to our site, or remove such links, at
any time and without prior approval from HurricaneBlaster.com.
Affiliate
Sales Commissions:
If,
as a result of a direct advertising effort of the Affiliate,
a referred customer of the Affiliate orders and pays for the
Product or other goods or services sold by HurricaneBlaster.com
in the future, HurricaneBlaster.com shall pay the Affiliate
a sales commission determined in accordance with the Affiliate
Compensation Schedule which is set forth in this Agreement and
which forms an integral part of it. The commission is based
upon the paid selling price of the purchased goods or services
before tax and excluding returns ("Sales Commission").
The
purchase price of qualifying sales will count toward the total
sales during the calendar month in which such sales are made.
Only qualifying sales of the Product, to a customer and for
which HurricaneBlaster.com has received full payment will qualify
for the specified referral fee. We use the actual receipts
generated from Paypal, Stormpay, and IntGold with referrer/affiliate
id to credit the sponsor/referrer/affiliate. Note: Commissions
will NOT be paid to those who signup under themselves (in an
effort to reduce their own monthly payments).
The
total of such sales in any given month will generate commissions,
based upon the following schedule:
HurricaneBlaster
sends out commission checks in the amount of $3.00 on any first
tier sales or $4.00 on any second tier sales, on the fourth
week of every month, on all sales made between the first and
last day of the previous month.
HurricaneBlaster.com
Amounts less than $25.00 will be held until the next calendar
month in which the cumulative referral fee due exceeds $25.00,
or until this agreement is canceled.
Participant
can check the status of commissions earned at any time by visiting
the site at the link provided on our site. Please be aware our
commissions script may not reflect correct numbers due to many
factors such as refunds, non-recurring customers, script errors,
third party errors, etc. Please refer to the HurricaneBlaster
administrators via email to get the exact commissions numbers
you've earned.
In order to receive commissions, you must be signed up in our
affiliate program and also provide the correct Paypal email
address where we can pay you. It is the affiliate's responsibility
to ensure correct information by logging in your affiliate stats
area. You must ensure you have an active Paypal account and
registered so we can pay you. Failure to do so will result in
loss of commissions.
If
a refund is requested by a customer on a qualifying sale, its
referral fee will be deducted from the next monthly payment
sent to the Participant. If there is no next monthly payment,
the Participant will be billed.
The
parties hereto intend that an affiliate or member is an independent
contractor and not an agent or employee of HurricaneBlaster.com.
Affiliate is responsible for maintaining their own records for
tax purposes. All liabilities for taxes, record keeping, reporting
of state, national,, or local taxes and/or license(s) will be
the sole responsibility of you, the Affiliate/Reseller.
You agree that, as an Affiliate or Reseller, you are operating
as an independent contractor and are not subject to withholding,
nor entitled to any other benefits, entitlements, or accommodations
other than those legally provided for in the "compensation
plan".
Delivery
and Order Processing:
HurricaneBlaster.com
will be solely responsible for processing every order placed
by a customer following a special link from the sponsoring web
site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility
of HurricaneBlaster.com.
All
of the rules, operating procedures and policies of HurricaneBlaster.com
regarding customer orders and accounts will apply to orders
we receive through special links on your sponsoring web site.
HurricaneBlaster.com reserves the right to reject any order
at its sole discretion.
Copyrighted
Material:
The
participant is solely responsible for ensuring that your reviews
and descriptions comply with all applicable copyright and other
laws and shall hold HurricaneBlaster.com harmless for any violations
thereof.
Customers
of HurricaneBlaster.com:
Every
customer who purchases a product is deemed to be a customer
of HurricaneBlaster.com. HurricaneBlaster.com is not responsible
for any representations made by the Participant which contradict
our policies.
Pricing
and Availability:
All
prices shall be established by HurricaneBlaster.com. In case
of any price discrepancies, the price charged to the customer
will always be the price listed on the web page linked from
your sponsoring web site.
Operation
of Web site and Processing:
HurricaneBlaster.com
will make all reasonable efforts to keep its web site operational.
However, certain technical difficulties may, from time to time,
result in temporary service interruptions. HurricaneBlaster.com
shall not be liable for any of the consequences of service interruptions,
which may occur.
Modification
and Cancellation:
HurricaneBlaster.com
reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by
posting said new terms on this web site. Said modifications
shall be deemed accepted by participant.
Independent
Contractors:
Participant
of HurricaneBlaster.com's affiliate program are independent
contractors and nothing in this agreement is intended to or
will create any form of partnership, joint venture, agency,
franchise, sales representative or employment relationship between
the parties.
Term
and Termination
The
term of this Agreement will begin when you accept and will end
when terminated by either party. Either HurricaneBlaster.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 HurricaneBlaster.com Site, and all HurricaneBlaster.com
trademarks and logos, other HurricaneBlaster.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 that:
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.
Compliance
with Applicable Laws
You
are solely responsible for the accuracy and appropriateness
of all materials posted on Affiliate's Web Site, and for ensuring
that your activities and materials posted on Affiliate's Web
Site are not defamatory, in violation of copyright laws or otherwise
illegal. You agree to indemnify and hold HurricaneBlaster.com
harmless for any violations of the foregoing. HurricaneBlaster.com
disclaims all liability for these matters.
Limitations
of Liability
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, HurricaneBlaster.com
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER
OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED
REVENUE, PROFITS OR LOST BUSINESS), EVEN IF HurricaneBlaster.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
IN NO EVENT SHALL HurricaneBlaster.com's CUMULATIVE LIABILITY
TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE
AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED
THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER 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.
Mediation
& Arbitration
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: Clark County. 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: Clark County, under the
rules of the American Arbitration Association. 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.
Miscellaneous
Entire
Agreement. This Agreement constitutes and contains the entire
agreement between the parties with respect to the subject matter
hereof and supersedes any prior oral or written agreements.
This Agreement may not be amended except in writing signed by
the parties. Each party acknowledges and agrees that the other
has not made any representations, warranties or agreements of
any kind, except as expressly set forth herein.
Assignment.
You may not assign your rights or obligations under this Agreement
to any party.
Applicable
Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington without
regard to the conflicts of laws, rules and principles thereof.
Severability.
If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited
to the minimum extent necessary such that the intent of the
parties is effectuated, and the remainder of this agreement
shall have full force and effect.
Notices.
Any notice required under this Agreement may be given by email,
fax or written letter to the number or address you provide.
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.
Hurricane
Blaster
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