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Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions
To be an authorized affiliate of MattG.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the MattG.com service as an affiliate. By signing up for the MattG.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. As used in this agreement, the term "we", "us" or "our" refers to MattG.com. As used in this agreement, the term "affiliate", "you" or "your" refers to you (the affiliate). As used in this agreement, the terms "the program" or "our program" refers to the MattG.com affiliate program. 1. Acceptance Into, and Membership In, The Program To begin the enrollment process, you must apply through our affiliate program located on our website. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if we determine, at our sole discretion, that your site is unsuit-able for the Program. Unsuitable sites include, without limitation, those that: promote sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age and/or promote illegal ac-tivities or violate intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time. To be accepted into our affiliate program, you must meet the following requirements: a. You must be 18 years of age or older. b. As an affiliate, you must not mislead others or engage in deceptive or unethical behavior. This includes operating or utilizing emails, web links, search engine placements, search engine advertisements, web pages or other technologies or methods in a deceptive or misleading manner. c. As an affiliate, you must not use or operate a web site or email link to web sites that contain or promote any content that we consider libelous, defamatory, abusive, violent, bigoted, illegal, or otherwise objectionable to us or our customers. d. When you register with us an affiliate, the information you provide must be accurate and true. e. As an affiliate, you promise not to engage in spamming or other types of indiscriminate unsolicited advertising. You further agree and warrant that you will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of emails. f. Your promotional activities must not infringe on the intellectual property of either MattG.com, a partner of MattG.com, or a competitor of MattG.com. 2. Privacy Policy We have a Privacy Policy posted on MattG.com (http://www.mattg.com/privacypolicy.htm) that states our policy towards the privacy of our customers. We also respect the privacy of our affiliates. As an affiliate, your information will not be distributed to any third part, except where we find it necessary for the administration of the affiliate program, or if required by law. By agreeing to become an affiliate, you agree that we may, from time to time, send you e-mails informing you of details and/or changes to the affiliate program, including new products, commissions receieved, bonuses, contests, and other similar events. When you join our affiliate program, you will receive a user name and password. It is your responsibility to keep this information private and secure. We will not accept responsibility for any losses on your part that result from a failure on your part to keep your user name and password secure. If you change any of your information (including email address), it is your responsibility to notify us. Lost payments due to failure to notify us of any change in your information, or because someone changed your affiliate information with or without your permission, will be considered the fault of the affiliate. While we will attempt to help in such cases, we cannot take any responsibility for such an event. 3. Commissions We pay commissions on the 25th day of the month (except where the 25th falls on a Sunday or a Holiday, in which case the commission will be paid on the next "business" day) after commissions were earned, and were not returned or had a refund request, less any taxes that we are required by law to withhold , for all affiliates whose balance exceeds the minimum required for a payout (currently $75). There is no limit to the amount of commissions that you may earn, but we certainly do not make any guarantees about your potential earnings. As part of our program, we give you the opportunity to recruit additional affiliates to our program. Affiliates you recruit to join our program are referred to as "second tier" affiliates, and you are referred to as their "lead affiliate". As a lead affiliate, you will earn a percentage (currently 10%) of each of your second tier's sales commissions. We require that you have a PayPal account in order to receive commission payments. From time to time, we will run sales promotions and "joint venture partner" competitions. These promotions will be announced via e-mails that we will send to all affiliates. In order for you to receive a commission for a sale, you must direct the customer to our web site using one of the specially-coded links we provide in the affiliate program. The transaction must be logged by our system in order for you to receive credit. We currently track customers by means of a cookie, which is stored for up to 365 days on their computer. If multiple affiliates direct a customer to our site, the last affiliate to do so (using a specially-coded link) will receive credit for the sale. In the event of a customer charge-back, your commission for that sale will be forfeited. If you have already received payment for that sale, we will attempt to deduct the commission amount from your current balance (that is, earned but not yet paid commissions). If you don't have a sufficient balance for the charge-back, the amount must be paid to us as soon as possible. Until we receive the commission amount for the charged-back sale, no further commission payments will be made to you from us. 4. Policies and Pricing Customers who buy products through this Program will be deemed to be customers of MattG.com. Accordingly, all MattG.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we 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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 5. Termination This agreement will start once your membership into the affiliate program is approved by us, and extends for one year. At the end of that year, your membership will automatically renew, unless you or we have terminated the agreement. From time to time MattG.com may review your promotional activities in relation to this affiliate program. If we find that those activities are inappropriate, illegal, deceptive, unethical or otherwise unacceptable to us, MattG.com reserves the right to terminate your membership in the affiliate program immediately. Termination in this case shall result in the forfeiture of any commissions earned but not yet paid to you, including second tier payments. Also, termination due to inappropriate activities will result in revocation of any future second tier (i.e. "lead affiliate") payments. If we determine that you are using any method to generate fraudulent commissions, your membership in the affiliate program will be terminated immediately, any commissions you have earned but have yet received will be forfeited, as will all future second tier payments, and we reserve the right to notify law enforcement officials. We will not tolerate fraud of any sort in the program. This includes false customers, stolen or unauthorized credit cards, fraudulent inducement, etc. We consider any attempts to join the program as both a first and second tier affiliate ("signing up under yourself") as an act of fraud. That is, you may not sign up in order to receive both first and second tier commission payments. We will cross-check e-mail addresses to prevent this behavior, and any affiliate involved in such an attempt will be immediately removed from the program, their membership immediately terminated, and all pending payments forfeited. We also reserve the right to terminate the membership of any affiliate for inactivity. Should you fail to produce any sales through the program, we will have the option to terminate your affiliate membership at our discretion. If we decide to exercize this option, we will attempt to contact you via email. If you decide to terminate your membership in the program, you won't be able to earn commissions, but you will still be eligible to receive second tier (i.e. "lead affiliate") commissions for any second tier affiliates that you introduced too the program. 6. Modifications We reserve the right to change this agreement at any time, at our sole discretion. If we do change the agreement, we will attempt to notify you via email, and we will post the updated agreement on our web site in an area normally accessable by affiliates. If you do not agree with the updated agreement, you may terminate your membership in the program, removing all links to MattG.com from your site(s). 7. Publicity Unless you have received prior written consent from us, you may not use the name of our web site in any publicity materials, including written or visual materials, as well as oral statements. 8. Limited License We hereby grant you a non-exclusive, nontransferable, revocable right to use the banner and text ads we supply on our website, in order to promote us in accordance with this agreement. You may not alter or modify these materials in any way without our prior written consent. 9. Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, 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 anything in this Section. 10. Indemnification YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS CHADO SOFTWARE, MattG.com, AND THEIR DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, AND MEMBERS AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, JUDGEMENTS, SETTLEMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) THAT MAY ARISE IN RELATION TO THIS PROGRAM. Matt Garrett Ltd., AND MattG.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE MattG.com WEBSITE. Matt Garrett Ltd. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO MattG.com Products OR THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, MattG.com MAKES NOT WARRANTY THAT THE OPERATION OF OUR WEBSITE OR ITS TRACKING SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 11. Independent Investigation 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 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 12. Miscellaneous This Agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Crown or County courts located in the united Kingdom 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 be enforceable against the parties and their respective successors and assigns. 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. 13. Severability If any provision of this agreement be declared invalid, the remaining provisions of this agreement shall be interpreted and enforced as if the invalidated provision did not exist. Copyright 2008 MattG.com
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