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Impactful Actions
Affiliate Operating Agreement
This agreement describes the entire terms and conditions for participation in the Impactful Actions, run by Impactful Actions. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website(s) from which you will link to Impactful Actions. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Impactful Actions and the terms "product" or "products" refer to the Impactful Actions products as listed from time to time on the Affiliate Resource Page: http://www.impactfulactions.com/affiliate-signup.php LINKS You may add as many links to Impactful Actions, or remove such links, at anytime and without prior approval from Impactful Actions. ORDER PROCESSING Impactful Actions will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Impactful Actions secure online ordering process, Impactful Actions phone line, or Impactful Actions mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Impactful Actions. All of the rules, operating procedures and policies of Impactful Actions regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Impactful Actions reserves the right to reject any order that does not comply with our rules, operating procedures and policies. QUALIFYING PRODUCTS Products sold by Impactful Actions originating from a special link assigned to you, and placed by you on your web site(s), on other web sites, or in emails you send out. Qualifying Products are products which are listed on the Affiliate Resource Page: http://www.impactfulactions.com/affiliate-signup.php, and which are sold to customers who follow your special link to our site and submit that order by using Impactful Actions online order forms. (Note: phone, fax or mail orders will be credited to you only if the customer mentions your affiliate ID; we will not specifically ask for this information. However, the bulk of the orders are online orders) Non-Qualifying Products are those sold through any link to our site other than the specific URL's that you are assigned to your sponsoring website. Services which are based on charging for time (e.g. one on one phone coaching by Anton Pearce) are not considered qualifying products. 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 Impactful Actions, shipped/sent to a customer and for which Impactful Actions has received full payment will qualify for a referral fee. Postage and Handling charges are excluded from the commission calculation. The referral fee amount will be 40% times the total of qualifying sales (unless we need to close the sale using a sales person in direct communication. In this case they will get 20%, and 20% will go to the sales person), and adjusted as described in this agreement (e.g. for refunds). Note, prices are set by Impactful Actions only, and are subject to change.We have the right to change the commission structure and commission amounts (including to zero) for future purchases from existing customers the affiliate has referred. COMMISSIONS ON YOUR OWN PURCHASES We all know that sometimes people sign up as an affiliate solely to get a discount on purchasing a product for themselves. We'll allow you to get the commission, but only if you're also going to promote our products. So the deal is: before we pay you commissions on your own purchases, you must generate sales from people other than you, at least equal to those commissions. e.g. if you earn $100 on sales to yourself, we'll make a payout when you have an additional $100 from other sales. PAYMENT METHOD All commissions are paid soley through PayPal. We do not send checks or money orders if you are not able to accept payment through PayPal. At the time of joining please make sure that your country is listed. We cannot be held responsible if you sign up for the program without first having checked to make sure you are listed and can be paid commissions through PayPal. It's great! No lost checks, no updating physical addresses, and no exchange rates to mess with. From PayPal you'll be able to deposit straight to your bank account. If you don't have a PayPal account you can get one for free! It takes about 5 minutes to set up, and I'll send you instructions for this in your Affiliate Welcome Email. NOTE: If your country is not listed then you will not be able to receive payments and as a result, you should refrain from completing the application form. If you do not check first to make sure that your country IS listed, then make sales and cannot accept PayPal, we are under no obligation to send payments outside of PayPal. PAYOUT SCHEDULE I will send payment directly to your PayPal account on the 7th of January, April, July and October every year provided that your commission is at least US$30. If your commission is below US$30 in a particular month, it will be added to your next month's commission. NOTE: For Our big promotions commission is payable 6 months from the date of your last promotion. TIMING OF COOKIES The cookie set on a customer's computer will expire after 12 months. Therefore sales made more than 12 months after the referred customer clicked on your link will not be credited. However, if at any time you the referred customer clicks on your link again, the cookie will be reset for another 12 months. So just keep sending them along! RETURNS AND CANCELATIONS If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the current or next quarterly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed and agrees by participating to pay such amount. TRACKING OF SALES Impactful Actions 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 product sales activity will be provided to the Participant in realtime with a special URL that they are assigned. Note that a sale may not be properly tracked if the customer does not accept cookies on his/her machine, or if the customer deletes the cookie (which seems to be relatively rare). Additionally, while your cookie could be overwritten by another affiliate cookie if the customer should subsequently visit another affiliate sponor site, it's also possible that your cookie could overwrite someone else's. PROMOTIONAL TECHNIQUES You are free to promote your special link to Impactful Actions 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 products 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 the property of Impactful Actions. COPYRIGHT 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. Impactful Actions will not be responsible if you use another party's copyrighted material in violation of the law. IMPACTFUL ACTIONS POLICIES Every customer who buys a product through this program is deemed to be a customer of Impactful Actions. The Participant does not have the authority to make or accept any offer on behalf of Impactful Actions. All Impactful Actions policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Impactful Actions is not responsible for any representations made by the Participant which contradict our policies. The Participant will be responsible for any such representations made. PRICES AND AVAILABILITY The price charged for every product sold under this program will be determined by Impactful Actions according to our own pricing policies, and is subject to change without prior notice. In case of any price discrepancies, the price charged to the customer will always be the price listed on Impactful Actions webpage linked from your sponsoring website. Product availability can change, and Impactful Actions will present the best information available to all sponsoring sites and its clients regarding product availability. WEBSITE SERVICE INTERRUPTION Impactful Actions 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 Impactful Actions liable for any of the consequences of such interruptions. TRADEMARKS AND TRADENAMES 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 for the duration of this agreement. TERM OF 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 Impactful Actions, 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. MODIFICATION OF AGREEMENT Impactful Actions 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. Any changes which we in our sole discretion deem to be particularly significant, will be emailed to you using the email address you give us. We reserve the right to alter the program at any time. Including we have the right to change the commission structure and commission amounts (including to zero) for future purchases from existing customers the affiliate has referred? CANCELATION OF AGREEMENT Either Impactful Actions 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 Impactful Actions makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Impactful Actions' 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 Impactful Actions 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 Impactful Actions has been advised of the possibility of such damages. Further, Impactful Actions' 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 Impactful Actions to Participant under this agreement. MISCELLANEOUS Participant and Impactful Actions 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 Impactful Actions. 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 Western Australia.
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