AFFILIATE TERMS & CONDITIONS
By signing up as an affiliate with MyTrainingCenter.com (MTC), you agree to the following Affiliate Terms & Conditions.
This agreement is by and between MTC and/or their assigns and all affiliate members. Unless the context requires otherwise, MTC and/or their assigns shall be referred to as “us, we, MTC or our” and you shall be referred to as “you, your, affiliate, or affiliate member.”
You understand that MTC and/or their assigns does not guarantee or predict any type of profit or response from said services. Affiliate member agrees to hold MTC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which MTC and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided
We agree to pay you certain commissions as described on MyTrainingCenter.com for sales you refer to us using your personal affiliate link.
B. No Warranties
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE MTC , ITS SUBCONTRACTORS AND LOYALTY MEMBERS PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
(1) to use our system in a manner that is ethical and in conformity with community standards;
(2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user);
(3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
(4) to accept affiliate-related and other MTC-related eMails from us.
(5) not to post your affiliate member link on company websites (i.e., MyTrainingCenter.com), our blog(s), and on social media websites such as Facebook.com, LinkedIn.com, Plaxo.com, Twitter.com and YouTube.com where the account on such website is owned and operated by the company, MTC. While you are free to post “comments” on those web pages, you are not allowed to post your affiliate member link we provide you or a domain name linked to your affiliate member link.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk eMail promotion.
We may terminate your account:
(1) if you violate any of these Affiliate Program Terms & Conditions.
(2) promote MTC in a manner that is unethical or inappropriate.
(3) if caught self-dealing (e.g., Affiliate Members may not use their own affiliate member link to earn commissions based on their own purchases. Affiliate Members found doing this will simply have those commissions (from their own purchases) deducted from their end total at the end of the month. Affiliate Members found doing this a 2nd time can be removed from the system and may not join back up as a affiliate member.)
(4) if affiliate member does not comply and provide us with a 1099 form; or
(5) for any reason, in our sole discretion.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms & Conditions
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D.
G. Notification of Account Changes
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, eMail address, PayPal.com eMail address, telephone number, billing information or name changes.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is a affiliate member, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
J. Questions Regarding These Terms
If you have questions about my affiliate program, please contact my office. We will be happy to assist you with your affiliate-related inquiry.
Here’s to your success,
Bart Smith, TheMarketingMan.com