A) Term of the Agreements: The term of this Agreement will begin upon our acceptance of
your Affiliate application and will end when terminated by either party. Either you or we
may terminate this Agreement at any time, with or without cause, by giving the other
party written notice of termination. You are only eligible to earn referral fees on
sales occurring during the term.
B) Payments and Commissions:
TheListVirus.Com will pay the Affiliate a 25%
commission for each qualifying sale. Qualifying sales
are those that result from visitors accessing our site
via your unique affiliate web address (URL). When a visitor
accesses your unique affiliate URL, your affiliate ID
will be included in the order data. Commissions
are paid for all orders containing your affiliate number
as the referral source.
Commissions will be paid by TheListVirus.Com for each billing cycle
( billing cycle = calender month ), after the first day of
each month for the month prior to the last month. Example: Commissions earned
in the month of June will be paid after August 1st. This allows a full 30 days
between day of sale and commission awarded.
If this payment schedule changes, TheListVirus.Com will notify all affiliates
via email outlining the changes. Commission's
will be paid in amounts of $25.00 or more.
Commissions earned will roll forward to future pay
periods and will be paid once commissions
accumulate to $25.00 or more. Commissions are paid
via Pay Pal, if a Pay Pal email is provided in affiliate login area,
or via check mailed to affiliate address on record. It is
the affiliate's responsibility to maintain accurate
mailing data in their account. No affiliate commissions will be
paid to US Citizens until we have your SSN or EIN number and
receive your signed and completed W9 IRS tax form.
The TheListVirus.Com Affiliate Program is not limited to U.S. residents, however, all
payments will be made in U.S. dollars.
If an affiliate sale is canceled or refunded, the related commission
already earned will be deducted from the next qualified ( or more)
All Affiliates are responsible
for their own local, state, or country taxes. No affiliate of The TheListVirus.Com
is considered to be an employee. The relationship between TheListVirus.Com
and Affiliate established by this Agreement is that of independent contractors.
This agreement may be terminated at anytime by TheListVirus.Com
or the affiliate. If terminated, for any reason, commissions
earned at the time of cancellation, for the current pay period,
and previous pay periods, will be paid in the next month's payment cycle.
If affiliate violated any of the rules of this agreement, unpaid commissions earned prior to
cancellation may be forfeited by the Affiliate.
C) Affiliate Web Address:
Qualified affiliates must also be a TheListVirus.Com owner.
You can not earn affiliate commissions unless you are an active
account owner. Immedaitely after purchase of The List Virus, affiliate will be issued
a unique web address, called the Affiliate URL. The affiliate URL
allows TheListVirus.Com to track visitors from your site
so that commissions are paid correctly. Affiliates may see additional
tracking systems at use on TheListVirus.Com, but are not authorized to
use affiliate URL's other than the one issued at time of signup.
Affiliate may link to TheListVirus.Com in numerous ways,
such as a banner, text link (email), and full web page.
TheListVirus.Com reserves all rights with respect to its trademarks,
but affiliates may use the trademarks in their marketing efforts so
long as they are not misrepresented, defamed or associated with
any distasteful content.
Affiliate is solely and completely responsible for insuring that
their Affiliate Web Address is setup properly to track for commissions.
The TheListVirus.Com is NOT responsible for Affiliate Web Addresses
that are coded incorrectly on an affiliates website, nor are we responsible
for incorrect use of the Affiliate Web Address in email marketing efforts.
The affiliate is highly encouraged to test ALL links used on
personal websites and emails to insure the link is accurate and functional.
Affiliate is forbiden from sending unsolicited email or
email to promote their affiliation with the TheListVirus.Com.
This activity will result in immediate termination of your
affiliate account, forfeiture of any pending commissions, and possible legal
action as a result of violating the TheListVirus.Com Affiliate
TheListVirus.Com will do everything under its power to ensure that affiliates
are paid commissions for all sales resulting from visitors to your unique affiliate URL.
TheListVirus.Com is not responsible for limitations of the visitors
computer, technical problems, malicious acts by third parties which may disrupt service,
or any other event outside our reasonable control which may temporarily hinder
our ability to track affiliate sales.
E) Customer Privacy:
In an effort to protect our customer's privacy, we
cannot provide customer names and contact information to
affiliates. Affiliates are provided with sales data via
email after each sale. This email notice will contain
the price of the sale and the commisions earned. See full Privacy Statement
F) Limitation of Damages:
TheListVirus.Com will not be liable for indirect, special or consequential
damages, or any loss of revenue, profits, or data, resulting in
connection with this Agreement, even if TheListVirus.Com
has been advised of the possibility of such damages. Further,
our aggregate liability arising with respect to this Agreement
and the Program will not exceed the total referral fees paid
or payable to you under this Agreement.
Affiliate agrees that TheListVirus.Com is not responsible for
tracking errors that occur which are beyond our reasonable control.
Affiliate understands that tracking systems are not
perfect and that they are never 100% accurate. However,
TheListVirus.Com will do everything in its power to ensure
accurate tracking of affiliate commissions.
G) Modification: We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or a new agreement on
this site. Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
H) 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.