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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
Secrets Of Her Success Affiliate Partner Agreement This is a legal and contractually binding Agreement between You and Secrets Of Her Success You apply by completing the Application and clicking on the submit button indicating Your willingness to be bound by this Agreement. This Agreement will take effect if and when Secrets Of Her Success reviews and accepts the Application and gives You notice of acceptance. By submitting Your Application, You certify that You have read and understand the terms set forth herein, and that You are authorized to submit this Application by the named Affiliate. While this Agreement is referred to as the Affiliate Partner Agreement, this Agreement does not operate to create a Partnership or Agency relationship between You and Secrets Of Her Success This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Secrets Of Her Success Affiliates Partners Program (the "Program"). As used in this Agreement, "We", "us", "our" or "Secrets Of Her Success”, or any variation thereof means, Secrets Of Her Success. "You" or "Your" means the applicant, as identified in Your Application to and Secrets Of Her Success. "Site" or "Web-site" means a World Wide Web site and, depending on the context, refers either to Secrets Of Her Success.com site located at the URL www.secretsofhersuccess.com or to the site that You link to our site (and which You will identify in Your Program application). "Product" means any item offered for sale by us on the Secrets Of Her Success Web-site. This does exclude any sales from links on the Secrets Of Her Success Web site to any other partner links. 1. ENROLLMENT IN THE PROGRAM To begin the enrollment process, You will submit a complete Program Application via our site. We will evaluate Your Application in good faith and notify You of Your acceptance or rejection. We may reject Your Application if We determine (in sole discretion) that Your site is unsuitable for the Program. Unsuitable sites include those that: •Promote sexually explicit materials •Promote violence •Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age •Promote illegal activities •Include "Unbeatable" or variations or misspellings thereof in their domain names •Otherwise violate intellectual property rights If We reject Your application, You are Welcome to reapply to the Program at any time. You should also note that if We accept Your application and Your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, We may terminate this Agreement at any time. 2. LINKS ON YOUR SITE As the host of an affiliate site ("Affiliate Site"), You will be provided with banner advertisements, button links to our site and/or text links to our site containing Secrets Of Her Success’ logo and words identifying Secrets Of Her Success (each of these links sometimes being referred to herein as "Links", or individually as a "Link"), which, subject to the terms and conditions hereof, You may display on Your site. You agree that in using the Link or Links, You will cooperate fully with us in order to establish and maintain such Link or Links. You may place and use any Link in the manner and frequency determined in Your sole discretion, subject only to the limitations set forth in this Agreement. You agree to display such Links and graphic images prominently throughout Your Site. You also agree that You shall use the Links only in order to link to our site and to promote Your ability to do so pursuant to this Agreement. You agree that You shall not present the Links or any images comprising the Links in combination with any other name or mark, in connection with Your own goods or services, or in any manner that may suggest or imply that You or Your goods or services are supplied by, sponsored by, endorsed by or affiliated with us. You may not modify the images provided by us without our prior written consent. You may not create links to our site other than Links provided by or approved by us, and You may not use the Links in any way that may alter the look, feel or functionality of our site. We will provide all information necessary to allow You to make appropriate Links from Your site to our site. However, all Links must be approved by us. We have the right in our sole discretion to monitor Your site at any time and from time to time to determine if You are in compliance with the terms of this Agreement. 3. SUBSCRIPTION & ORDER PROCESSING We will process Subscription and/or Product orders placed by customers who follow Special Links from Your site to our site. We reserve the right to reject subscriptions or orders that do not comply with any requirements that We may establish periodically. Among other things, We will prepare order forms, process payments, cancellations and returns, and handle customer service. Secrets Of Her Success will track leads, subscriptions sign ups and/or sales made to customers who Subscribe to our mailing list or purchase Products using Special Links from Your site to our site and will make available reports summarizing this sales activity. 4. COMMISSIONS Only products that are given away on Your site or sold by us purchased by users ("Linked Users") Linking to our site from Your site pursuant to a Link and Linked Users visit is tracked by Secrets Of Her Success from the time of the Link to the time of the final transaction, shipped by us, and for which We have received full payment will qualify for payment of a commission. No commission will be paid if the visitor to our site cannot be tracked by our tracking system or if the visitor to our site later accesses our site by a means other than the use of the Link. You are due a commission only if Your site is the affiliated site from which the purchaser most recently Linked to our site. Commission payment is stated on Secrets Of Her Success Web site and may change at any given moment without notice 5. COMMISSION PAYMENT The Secrets Of Her Success affiliate program is managed in full by Secrets Of Her Success.com through use of a third party software from iDevAffliate. Secrets Of Her Success will pay You a commission every month on our behalf so long as Your commission balance is at least $19.99). Otherwise, You will be paid once Your commission balance reaches or exceeds $19.99. Secrets Of Her Success will hold those monies until the total amount owed You is equal to or exceeds $19.99. Secrets Of Her Success will send Your earnings as stated on their Web site at www.secretsofhersuccess.com/idevaffiliate/login.php 6. POLICIES AND PRICING Customers who buy Product(s) through our Affiliate Partners Program are customers of Secrets Of Her Success, and all purchases and related transactions are subject to Secrets Of Her Success’ terms and conditions of sale, rules, policies, and operating procedures. You do not have any authority to make any sale or representation on behalf of Secrets Of Her Success or to bind Secrets Of Her Success in any way, and You agree that You shall not do or hold Yourself out as having authority to do either. Accordingly, You may not post Secrets Of Her Success’ prices for its Products, its policies or terms, its availability information, or similar information on Your site. You shall not create, publish, distribute or permit any written material that makes any reference to us without first submitting such material to us and receiving our prior written consent. 7. USE OF LOGOS, TRADEMARKS, AND IMAGESA. Non-Exclusive Limited License and Use of Secrets Of Her Success’ Logos and Trademarks. We grant You a non-exclusive, non-transferable, revocable right to use those Secrets Of Her Success’ trademarks and logos that Secrets Of Her Success provides to You and authorizes You to use ("Licensed Marks") in order to access our site through Links and promote such access in accordance with the terms of this Agreement. You may not alter, modify, or change the Licensed Marks in any way, and You may not use the Licensed Marks for any other purpose, including but not limited to the sale of Your own products or services. You are only entitled to use the Licensed Marks to the extent You are a member, in good standing, of the Affiliate Partners Program pursuant to this Agreement, as it may be amended from time to time. You shall use the Licensed Marks in such forms and manners of presentation as are acceptable to us, and You shall use the Licensed Marks in accordance with the other terms of this Agreement, including but not limited to terms relating to the content and quality of Your Web Site and the goods and services You offer. You agree not to use the Licensed Marks in any manner that is disparaging or that otherwise portrays Secrets Of Her Success in a negative light. We reserve all of our rights in the Licensed Marks, and all other intellectual property rights. You obtain no rights in and to the Licensed Marks other than as is expressly licensed herein. 8. ANTI-SPAM POLICY Affiliates will be removed immediately from the Secrets Of Her Success Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated! 9. RESPONSIBILITY FOR YOUR SITE You will be solely responsible for the development, operation and maintenance of Your site, for all materials that appear on Your site, and for all business You conduct on Your site. You shall also be responsible for ensuring that materials posted on Your site do not violate or infringe upon copyrights, rights of publicity, trademark rights or other rights of us or any third party. You are responsible for ensuring that Your business and site comply with all applicable laws, regulations, and ordinances, and that Your site as Well as the materials posted on Your site are not defamatory, libelous, false or misleading, or otherwise illegal. You must have express permission to use another party's copyrighted material, and You also must have express prior written permission to use another's name, portrait, voice or likeness. 10.CONFIDENTIALITY Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or You, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates 11. TERMS AND TERMINATION The terms of this Agreement will begin upon acceptance of Your application. This Agreement shall commence on the date of approval of Your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, You will immediately cease use of, and remove from Your site, all Links to our site, and all Secrets Of Her Success trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to You pursuant hereto or in connection with the Program. 12. REPRESENTATIONS AND WARRANTIES You hereby represent and warrant to us that You have obtained all authorizations and consents necessary to enter into this Agreement; that the person making the offer contemplated by this Agreement has the authority to do so and to bind You contractually as a result; that the execution, delivery and performance by You of this Agreement are within Your legal capacity and power; that You will comply with all applicable laws, regulations and ordinances; that You will not infringe, misappropriate or use without authorization any Secrets Of Her Success copyright, trademark or other intellectual property; and that neither this Agreement nor Your performance hereunder will violate any other agreement to which You are bound. 13. DISCLAIMERS We make no express or implied warranties or representations with respect to the Affiliate Partners Program or any Product(s) or other items sold through the Affiliate Partners Program or otherwise on our Web site, and WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. In addition, We make no representation or warranty that the operation of our Web site, the Links, or our procedures and systems tracking sales generated by Your site will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors. 14. LIMITATION OF LIABILITYWE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PARTNERS PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. LIMITATION OF REMEDY OUR AGGREGATE MONETARY LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PARTNERS PROGRAM SHALL NOT IN ANY EVENT EXCEED THE TOTAL COMMISSIONS PAYABLE TO YOU UNDER THIS AGREEMENT. 16. INDEMNIFICATION You hereby agree to indemnify, defend and hold harmless Secrets Of Her Success, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all third-party actual or threatened claims, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based in any way on it) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by You herein; (iii) any claim related to Your Web site, the conduct of Your business, or Your goods or services; (iv) Your violation of any law, regulation, ordinance or applicable policy of or agreement with any governmental entity, business partner, or other party; or (v) Your unauthorized use of any Licensed Marks or Approved Publishers' Images, or Your infringement, misappropriation or other violation of any third-party intellectual property right. 17. FRAUD If You commit fraud or falsify information in connection with the registration of Secrets Of Her Success through the Links on Your site, this Agreement will be terminated immediately. In addition, You will be liable to Secrets Of Her Success for any and all damages that Secrets Of Her Success suffers as a result of such actions. You will also be responsible for returning to Secrets Of Her Success all commissions received for fraudulent/falsified members, and We will not hesitate to pursue all legal causes of action against You to the fullest extent possible under the law. 18. GENERAL PROVISIONS A. Merger This Agreement is the entire Agreement between the parties with respect to its subject matter, and it supersedes all prior agreements, representations and understandings, whether express or implied and whether oral or written. B. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to Your address on our records, or the posting on our Web site of a change notice or a new agreement designated by us to be applicable to You or a group of persons or entities including You, is agreed to constitute sufficient notice of a binding modification of this Agreement. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement pursuant to Section 11 of this Agreement. Your continued participation in the Affiliate Partners Program following our posting of a change notice or new agreement on our Web site will constitute binding acceptance of the modified terms. C. Governing Law This Agreement will be governed by the laws of the United States and the State of Texas, without reference to the rules of any jurisdiction governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the City of Cedar Park, Williamson County, Texas (as determined by us in our sole discretion) and You irrevocably consent to the personal jurisdiction and venue of such courts. D. Assignment 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 enforceable against the parties and their respective successors and assigns. E. Waiver 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. F. Relationship of Parties You and Secrets Of Her Success are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers, enter into any contracts, or make any representations on our behalf, or to act as a distributor, seller, or reseller of any Product, Subscription or Service.
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