Legal Agreement for the "Neil Shearing's Affiliate Program".
Last Updated October 2004
This agreement describes the entire
terms and conditions for participation in the Affiliate Program run by Scamfree Ltd at http://www.scamfreezone.com/
In this agreement, the term "Participant"
refers to you (the applicant), and "sponsoring website" refers to
the website from which you will link to the Scamfree Ltd website. Wherever the agreement refers to "you" or "your", it means
"the Participant"; "we" or "our" refer to Scamfree Ltd and the term "product" refers to either the Scamfree Ltd ebook package entitled
"Internet Success Blueprint" known hereafter as "ISB", the Scamfree Ltd ebook package entitled "Internet Success Diamonds" known hereafter as "ISD", the Scamfree Ltd software entitled "Internet Success Spider" known hereafter as "ISS", the Scamfree Ltd ebook/audio package entitled "Internet Success Interviews" known hereafter as "ISI", the Scamfree Ltd software entitled Browser Kickstart known hereafter as "BK", the Scamfree Ltd movie product known as Profit Snackbar known hereafter as "PS", or the Scamfree Ltd restricted website area entitled "Internet Success Private Members Site" known hereafter as "ISPMS"
You can add or remove links at any
time: You may add as many links to the Scamfree Ltd website, or remove such links, at anytime and without prior approval
from Scamfree Ltd.
Referral Fee Qualifying Product: Sales of ISB/ISD/ISS/ISI/BK/PS/ISPMS by Scamfree Ltd and originating from a special link or links at your sponsoring
website qualify to earn you referral fees. The following product
will be considered "qualifying product":
- Product that meet the following criteria:
- Product sold to customers who follow a special link from
your sponsoring website to our site and submit that order by
using Scamfree Ltd order forms.
- The following product will not be considered as qualifying
for referral fees:
- sold through any other special link to our site
other than the specific URL's that you are assigned to your
Referral Fee Amount: The purchase price of referral fee
qualifying product will count toward the total sales during the
calendar month in which such products are sold. Only qualifying
product that is sold by Scamfree Ltd,
downloaded by a customer and for which Scamfree Ltd has received full payment will qualify for a referral
The total of such sales in any given month will generate referral
fees, based upon the applicable flat rate referral fee, according to
the following schedule:
ISB: $13.50 referral fee for online orders (ISB STANDARD) or $19.50 for online orders (ISB + SEMINAR FILES)
For example, suppose you sell 20 copies of ISB Standard during a 30-day month at $27 per copy. That's $540.00 in sales,
for which your referral fee will be: $270.00
ISD: $39.50 referral fee for online orders (ISD STANDARD version) or $48.50 referral fee for online orders (ISD GOLD version).
For example, suppose you sell 20 copies of ISD GOLD during a 30-day month at $97 per copy. That's $1940.00 in sales,
for which your referral fee will be: $970.00
ISS: $39.98 referral fee for online orders (ISS STANDARD version) or $48.98 referral fee for online orders (ISS + SECRETS version).
For example, suppose you sell 20 copies of ISS during a 30-day month at $79.95 per copy. That's $1599.00 in sales,
for which your referral fee will be: $799.60
ISI: $38.50 referral fee for online orders (ISI STANDARD version) or $48.00 referral fee for online orders (ISI UPGRADE version).
For example, suppose you sell 20 copies of ISI STANDARD during a 30-day month at $77.00 per copy. That's $1540.00 in sales,
for which your referral fee will be: $770.00
BK: $10 referral fee for online orders (BK STANDARD version) or $50 referral fee for online orders (BK + RIGHTS version).
For example, suppose you sell 20 copies of BK + RIGHTS during a 30-day month at $99.00 per copy. That's $1980.00 in sales,
for which your referral fee will be: $1000.00
PS: Variable commission determined to be 50% of the order amount (PS - individual movie purchases at $2.99 each) or $14.98 for online orders (PS DELUXE - Where all movies are purchased for $29.95)
For example, suppose you sell 20 copies of PS DELUXE during a 30-day month at $29.95 per copy. That's $599.00 in sales,
for which your referral fee will be: $299.60
ISPMS: $14.98 referral fee for every paid monthly billing period per member.
For example, suppose you signed up 30 members who pay the $29.95 monthly subscription fee in one month... the total sales revenue would be $898.50 and your referral fee would be $449.40. If the members all paid again in the subsequent month, you would earn another $449.40!
ISPMS commissions are only paid on monthly subscription fees, not on the initial "one dollar for seven days trial offer".
Referral Fee Payment: Scamfree Ltd will send your commissions by PayPal or by British Check for the equivalent US Dollar amount (if commissions exceed the stated minimums) approximately 5 days after the 1st of each
Returns and Cancellations: If a
referral fee qualifying ISB/ISD/ISS/ISI/BK/PS/ISPMS is later returned by the customer,
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.
Order Processing: Scamfree Ltd will be
solely responsible for processing every order placed by a customer
following a special link from your sponsoring website. Order entry
will use Scamfree Ltd secure online ordering
process, or the Scamfree Ltd mailing address. Order forms, payment
processing, shipping, cancellations, returns, and related customer
service are the responsibility of Scamfree Ltd.
All of the rules, operating procedures and policies of Scamfree Ltd regarding customer orders and accounts
will apply to orders we receive through special links on your
sponsoring website. Scamfree Ltd reserves the right
to reject any order that does not comply with our rules, operating
procedures and policies.
Tracking of Sales: Scamfree Ltd will be
solely responsible for tracking sales we make to customers who
follow special links from the sponsoring website. The Participant
will be solely responsible for ensuring that these special links are
formatted properly, a necessary prerequisite to tracking such sales.
Statements of ISB/ISD/ISS/ISI/BK/PS/ISPMS sales activity will be provided to the
Participant in realtime with a special URL that they are
Promotional Techniques: You are free to promote the link
to Scamfree Ltd in all the ways we recommend in the introduction email letter
you receive by email immediately after you sign up. Examples of
acceptable ways to promote the course are: through banners, text
links, letters of recommendation to newsletters subscribers or your
client base. However, if you use SPAM (in any way, shape or form,
including email and newsgroup spamming), or offer any of Scamfree Ltd products, services or affiliate program on any
WAREZ, CRACK, or SPAM oriented site, your account will be
immediately terminated at the sole discretion of Scamfree Ltd!
You also agree not to use any predatory advertising methods
in the promotion of Scamfree Ltd products, services or
affiliate program. Predatory advertising is defined as any
method that creates or changes links or banners on web sites
without the expressed permission of that web site owner.
Participation in predatory advertising programs will be cause
for the affiliate's immediate termination.
Any referral fees not paid up to the point
of termination will not be paid to you and will be property of Scamfree Ltd.
References/Testimonials: You agree to cooperate with Scamfree Ltd in the development of joint press releases
and testimonials. You further agree that you will allow us to use
your company name in marketing collaterals and make reference to you
on our website.
Copyrighted material: As the Participant, you are solely
responsible for ensuring that your reviews, course descriptions,
articles (if applicable at your site) and anything else on your site
obeys all applicable copyright and other laws. You must have express
permission to use another party's copyrighted material. The Scamfree Ltd will not be responsible if you use another party's
copyrighted material in violation of the law.
Scamfree Ltd policy applies to all
orders: Every customer who buys a product through this program
is deemed to be a customer of Scamfree Ltd. The
Participant does not have the authority to make or accept any offer
on behalf of Scamfree Ltd. All Scamfree Ltd policies regarding customer orders, including
product availability, pricing and problem resolution, will apply to
these customers. Scamfree Ltd is not responsible
for any representations made by the Participant which contradict our
Product prices and availability: The price charged for
every product sold under this program will be determined by Scamfree Ltd according to our own pricing policies. In
case of any price discrepancies, the price charged to the customer
will always be the price listed on the Scamfree Ltd
webpage linked from your sponsoring website.
Product availability can change, and Scamfree Ltd will present the best information available to all sponsoring
sites and its clients regarding ISB/ISD/ISS/ISI/BK/PS/ISPMS availability.
Website service interruption: Scamfree Ltd will make every effort to keep its website operational.
However, certain technical difficulties may, from time to time,
result in temporary service interruptions. The Participant agrees
not to hold Scamfree Ltd liable for any of the
consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby
recognize our right of ownership of all Trademarks, Trade Names, and
Patents associated with these services. You will act consistently
with these rights and act to preserve them in the course of
marketing and sales of these services. We grant you the right to our
Trademarks and Trade Names in connection with marketing and sales of
Term of the Agreement: The Participant may receive
referral fee payments on qualifying orders that are placed during
the term of this agreement. This term will begin on the date that
your application is approved by Scamfree Ltd, and
shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or
cancellation of this agreement will remain payable only if the
products are not returned or canceled from their orders. Payment of
the final referral fee payment to the Participant may be withheld
for a reasonable time in order to ensure that the correct amount is
The agreement may be modified: Scamfree Ltd reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by
posting a new agreement on our website.
Cancellation of this agreement: Either Scamfree Ltd or the Participant, acting in their sole
discretion, may choose to cancel this agreement at any time by
written notice of cancellation to the other.
Suspicious Activity: All sales made by Scamfree Ltd are monitored for suspicious activity. Various aspects of each sale are monitored using both our systems and those of our billing partners. We do not tolerate fraudulent sales being placed through our affiliate program links in order to "earn" fraudulent commissions. If suspicious patterns of activity are detected for any affiliate account, Scamfree Ltd will withhold the commissions of the affiliate pending further investigation. Determination of fraudulent activity is at the sole discretion of Scamfree Ltd and no discussions will be entered into. Any affiliate deemed to have attempted fraudulent activity will be removed from the affiliate program.
Violation of this agreement: If Scamfree Ltd finds that the Participant has violated this agreement,
committed fraud or another illegal activity, it is at the sole
discretion of Scamfree Ltd to disclose any
information it deems neccessary.
Scamfree Ltd makes no warranties,
representations or conditions with regard to the program or, except
as expressly set forth in Scamfree Ltd's then
current product sales policies, any products sold thereunder,
whether express or implied, arising by law or otherwise, including
without limitation any implied warranty of merchantability or
fitness for a particular purpose or non-infringement or any implied
warranty arising out of course of performance, course of dealing or
usage of trade.
Limitation of Damages: Scamfree Ltd shall
have no 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 the program, even if Scamfree Ltd has been advised of the possibility of
such damages. Further, Scamfree Ltd's aggregate
liability arising under or with respect to this agreement or the
program shall in no event exceed the total referral fees paid or
payable by Scamfree Ltd to Participant under this
Miscellaneous: Participant and Scamfree Ltd 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. Participant shall not assign this Agreement, by
operation of law or otherwise, without the prior written consent of
Scamfree Ltd. Subject to the foregoing restriction,
this agreement is binding upon, inures to the benefit of and is
enforceable by the parties and their respective successors and
Governing Law: This agreement shall be governed by the
laws of England.
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