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:
    1. 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:
    1. sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website.

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 fee.

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 calendar month.

Referral Fees:

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 assigned.

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 policies.

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 these services.

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 paid.

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.

Warranty Disclaimer:

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 agreement.

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 assigns.

Governing Law: This agreement shall be governed by the laws of England.

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The original affiliate legal agreement (without our modifications) was reprinted by kind permission of the Internet Marketing Center at IMC and is copyrighted 1996

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