This agreement describes the entire terms and conditions for participation in the SuperstarMortgageBroker.com Affiliate Program.
The SuperstarMortgageBroker.com Affiliate Program is owned and operated by Power of Choice Coaching Inc. In this agreement, Power of Choice Coaching Inc. is referred to as PCC.
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 SuperstarMortgageBroker.com Affiliate Program.
Affiliate Site
SuperstarMortgageBroker.com Affiliate Program will create a unique URL for you when you submit a complete Affiliate Enrollment Form.
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:
30% of Sales Revenue on Silver Membership (fee is currently $37/month )
30% of Sales Revenue on Gold Membership (fee is currently $300 one-time fee, plus $97/month)
30% of Sales Revenue on Platinum Membership (fee is currently $500 one-time fee, plus $197/month)
30% of Sales Revenue on ALL Products in the Online Store!
Payment
PCC will send 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
PCC 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 PCC. Accordingly, all PCC 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. PCC policies will always determine the price paid by the customer.
Qualifying Sites
PCC reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the PCC Affiliate Program include sites which:
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promote sexually explicit materials
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promote violence
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promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
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promote illegal activities
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violate intellectual property rights
Unsolicited Commercial Email or SPAM
PCC 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 PCC 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 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, we make no representation that the operation of our site or the links or Tagged Links will be uninterrupted or error-free, or will not be re-routed or "black holed." As a result, we might temporarily be unable to capture information regarding Tagged Links. We will not be liable for the consequences of any such interruptions or errors. The Program is intended for commercial use only. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS OR MAINTAIN AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU 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.
Notices to you are effective if provided in writing to the postal addresses, electronically to the e-mail address set forth in the application or if posted on our website. Notice to us may be given in writing to Power of Choice Coaching, Inc., 502-3608 Deercrest Dr. North Vancouver, BC, Attention Affiliate Marketing Program; or by e-mail at affiliates@superstarmortgagebroker.com. This Agreement will be governed by the laws of the province of British Columbia without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Vancouver, British Columbia and you irrevocably consent to the jurisdiction of such courts. 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 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.