The
following are the terms and conditions of participating in the
SendMeRecipes.com Affiliate Program. "Affiliate" refers to yourself,
and "SMR" refers to SendMeRecipes.com (Verity Associates, LLC)
located at PO Box 670361 Flushing, NY 11367.
Payments and Commissions
SMR will pay the Affiliate a 40%
commission of each SMR Signup which is identified by a visitor from
SMR's web site using their unique Affiliate Link. The commission
will be paid each month for as long as the referred customer remains
a paying member.
Affiliate commission shall be
paid via PayPal approximately every 30
days, approximately 15 days after the prior period.
To receive payment,
you must
update your PayPal Payment information
after signing up. Once you've signed up, go to:
http://www.sendmerecipes.com/amember/aff.php?action=payout_info
SMR reserves the
right to modify the payment schedule as long as notice is posted to
the Web site. If commission does not exceed $20 for prior period,
SMR reserves the right to hold payment until commissions accumulate
to $20 or more.
Although the Affiliate Program is not limited to the U.S. all
payments will be made in U.S. dollars.
If a qualifying sale is canceled or refunded, the related commission
will be deducted from the next monthly payment.
All Affiliates are NOT employees of SMR and are responsible for
their own local, state, or country taxes.
All Affiliate signups are subject to approval by SMR.
In the event that a member cancels
his/her membership to SMR, he/she will forgo any and all future
commission payments.
Both SMR and the Affiliate reserve the right to terminate this
agreement at any time. If canceled, outstanding commissions for
current period at time of cancellation shall be paid in the next
monthly payment so long as rules of this agreement were not violated
by the Affiliate.
Affiliate Link
You will be issued an "Affiliate
Link", or unique URL, which allows SMR to identify visitors from
your site as originating from you. These visitors are tracked with
this unique URL and sales are recorded with your Affiliate Id. To
receive commissions, you must use the provided Affiliate Link. The
URL may be in various forms such as a banner, image, or text link.
SMR reserves all rights in or to its trademarks and servicemarks but
may be used by Affiliate in accordance with this agreement. The SMR
trademark may not be used to register internet domain names for any
purpose. Affiliate may in no way display an SMR logo, image, or
trademark which may be distasteful, defame, or misrepresent.
Affiliate shall not misrepresent SMR products or services.
Affiliate is solely responsible for insuring that their Affiliate
Link is setup properly to qualify for commissions.
Affiliate may not use their own Affiliate Link to order services
from SMR. Doing so will result in immediate reversal of any
commission.
Affiliate agrees to not send unsolicited mail or SPAM mail to
promote any of SMR products or services. This action WILL RESULT in
immediate termination of your account with a cancellation of any
pending commissions. Affiliate will also be in violation of the SMR
Affiliate Agreement and subject to legal action.
Prohibited Sites
Sites that promote: sexually explicit
material or violence do not qualify as an Affiliate. Sites that
promote discrimination based on race, sex, religion, national
origin, and physical disability, shall not be accepted. Sites that
promote illegal activities shall not be accepted. Do not apply if
your site promotes these kinds of activities. By applying, you are
stating that your Site does not directly promote or endorse these
activities.
Term of Agreement
This agreement remains in affect until
cancelled by either party.
Commissions earned through the date of expiration or cancellation of
this agreement will remain payable only if the qualifying sales are
not cancelled or refunded by the referred Customers. Payment of the
final Commission payment to the Affiliate may be withheld for a
reasonable time in order to ensure that the correct amount is paid.
Disclaimer
SMR will make every reasonable effort
to track and pay commissions for all sales that apply to Affiliate.
However, SMR is not responsible for technical problems, acts by
third parties, or other events outside our reasonable control which
may temporarily disrupt or diminish this service.
Privacy
To protect SMR customer privacy, we
cannot provide identifying customer names and contact information to
you. However, we will provide an online report detailing price,
service, date of sale, and perhaps other data for your records.
Independent Contractor
The relationship between SMR and
Affiliate established by this Agreement is that of independent
contractors. SMR and Affiliate shall each conduct its respective
business at its own initiative, responsibility and expense, and
shall have no authority to incur any obligations on behalf of the
other, except as otherwise provided herein. Term "Affiliate" shall
not be interpreted as a legal partner or affiliate, simply as an
independent contractor for SMR under this agreement.
Limitation of Damages
SMR shall not be held liability for
any indirect, incidental, special or consequential damages or any
loss of revenue or profits arising under or with respect to this
agreement or program, even if SMR has been advised of the
possibility of such damages. SMR aggregate liability arising under
or with respect to this agreement or the program shall in no event
exceed the total commissions paid or payable by SMR under this
agreement.
Affiliate understands that Affiliate tracking can never be 100%
accurate and SMR is not responsible for inaccuracies that might
occur beyond its control. Tracking of Affiliate sales depend on
several factors which are out of the control of SMR. It is the goal
of SMR to make Affiliate tracking as accurate as possible, however,
SMR cannot guarantee 100% tracking for situations beyond its
control.
Warranty Disclaimer
SMR makes no warranties expressed or
implied with regard to Affiliate Program except as outlined in this
agreement.
Governing Law
This agreement shall be governed by
the laws of the State of New York and the United States.