This agreement describes the entire terms and conditions for participation in Ka-Ching! Affiliates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Ka-Ching! Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Ka-Ching! and the terms "product" or "products" refer to the KA-CHING! Course (The Ka-Ching! Business Parenting Course)
You can add or remove links at any time: You may add as many links to Ka-Ching! or remove such links, at anytime and without prior approval from Ka-Ching!
Referral Fee Qualifying Products: KA-CHING! Courses sold by Ka-Ching! originating from a special link or links at your sponsoring website qualify to earn you referral fees. The following products will be considered "qualifying products":
- Products that meet the following criteria:
Products sold to customers who follow a special link from your sponsoring website to our site and submit that order by using Ka-Ching! order forms, telephone orders, or mailing address.
- The following products will not be considered qualifying courses for referral fees:
Courses 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 products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Ka-Ching!, shipped/sent to a customer and for which Ka-Ching! 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:
KA-CHING! Business Parenting Course: $45.00 referral fee for online, mail in orders, fax orders, telephone orders.
For example, suppose you sell 20 courses during a 30-day month at $147.00 per course. That's $2940 in sales, for which your referral fee will be: $900.00
| 12 orders online |
= $540.00 |
| 2 orders by mail |
= $90.00 |
| 6 orders by telephone |
= $270.00 |
|
|
| Total |
= $900.00 |
Referral Fee Payment: Ka-Ching! will send a referral fee check for the applicable referral fee approximately 5 days after the 1st of each calendar month.
A statement of customer purchase activity to the Participant will be sent each quarter of the calendar year.
Referral Fees:
Returns and Cancellations: If a referral fee qualifying course 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: Ka-Ching! will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Ka-Ching! secure online ordering process, Ka-Ching! telephone line, or Ka-Ching! mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Ka-Ching!.
All of the rules, operating procedures and policies of Ka-Ching! regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Ka-Ching! reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales: Ka-Ching! 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 course 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 KA-CHING! 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 the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of Ka-Ching!.
As well, if you choose to promote Ka-Ching! Sub-Affiliate Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote Ka-Ching! Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Ka-Ching!.
References/Testimonials: You agree to cooperate with Ka-Ching! 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.
Affiliates Signing-Up Under Themselves: We will not tolerate current Affiliates signing themselves up as sub-Affiliates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of Ka-Ching! To put it bluntly, it's not worth trying!
Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Ka-Ching! will not be responsible if you use another party's copyrighted material in violation of the law.
Ka-Ching! policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Ka-Ching!. The Participant does not have the authority to make or accept any offer on behalf of Ka-Ching! All Ka-Ching! policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Ka-Ching! 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 Ka-Ching! 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 Ka-Ching! webpage linked from your sponsoring website.
Product availability can change, and Ka-Ching! will present the best information available to all sponsoring sites and its clients regarding product availability.
Website service interruption: Ka-Ching! 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 Ka-Ching! 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 Affiliated 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 Ka-Ching! 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: Ka-Ching! 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 Ka-Ching! 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.
WARRANTY DISCLAIMER:
Ka-Ching! makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Ka-Ching!'s then current product sales policies, any products sold there under, 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: Ka-Ching! 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 Ka-Ching! has been advised of the possibility of such damages. Further, Ka-Ching!'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 Ka-Ching! to Participant under this agreement.
Miscellaneous: Participant and Ka-Ching! 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 Ka-Ching!. Subject to the foregoing restriction, this agreement is binding upon, insures 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 the United States and Canada without reference to its choice of law principles.
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If you experience any problems, please email affiliates@ka-chingworld.com
Ka-Ching! LLC
3501 SILVERSIDE RD 206 NAAMANS BLDG
WILMINGTON DE 19810-4910999
Copyright © 2000-2006 All Rights Reserved
AUP (Acceptable User Policy)
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