Affiliate Masters Training Course

Web Site Agreement

Affiliate Masters Training Course Web Site Agreement

The Affiliate Masters Training Course Web Site (the "Site") is an online information service provided by Affiliate Masters Training Course ("Affiliate Masters Training Course "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Affiliate Masters Training Course MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Affiliate Masters Training Course, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Affiliate Masters Training Course a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Affiliate Masters Training Course by all means and in any media now known or hereafter developed. You also grant to Affiliate Masters Training Course the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Affiliate Masters Training Course for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Affiliate Masters Training Course.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Affiliate Masters Training Course. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Affiliate Masters Training Course, Affiliate Masters Training Coursedoes not operate, control or endorse any information, products or services on the Internet in any way. Except for Affiliate Masters Training Course- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Affiliate Masters Training Course a. You also understand that Affiliate Masters Training Course cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Affiliate Masters Training Course PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Affiliate Masters Training Course SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Affiliate Masters Training Course DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Affiliate Masters Training Course HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL Affiliate Masters Training Course BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Affiliate Masters Training Course OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Affiliate Masters Training Course LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Affiliate Masters Training Course makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Affiliate Masters Training Course web site, please understand that it is independent from Affiliate Masters Training Course, and that Affiliate Masters Training Course has no control over the content on that web site. In addition, a link to a Affiliate Masters Training Course web site does not mean that Affiliate Masters Training Course endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Affiliate Masters Training Course, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Affiliate Masters Training Course and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Affiliate Terms And Conditions (Including Partner Members /Resellers)

The following are terms and conditions for participating in any of Hodgkinson Marketing Limited's Affiliate Programs. "Affiliate" refers to you, and "Simon Hodgkinson" refers to me and the web sites that are owned by Hodgkinson Marketing Limited

Simon Hodgkinson reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliates. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate agrees that a Simon Hodgkinson Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Simon Hodgkinson. Affiliates further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Simon Hodgkinson.

2. Affiliate must be of the age of majority in his/her state or country.

3. All Affiliate applications are subject to approval by Simon Hodgkinson.

4. Affiliate agrees to receive Simon Hodgkinson's e-mail, including but not restricted to sales reports, training, newsletters, plus messages from Affiliate's Team Leader(s).

5. Affiliate agrees to present the Simon Hodgkinson Compensation Plan and Simon Hodgkinson products and services as set forth at the official Simon Hodgkinson Website(s). Affiliates will make no claims regarding potential income, earnings, products, or services beyond what is stated at official Simon Hodgkinson Websites.

6. Affiliate agrees not to disparage Simon Hodgkinson, other Simon Hodgkinson Affiliates, Simon Hodgkinson's products, the Simon Hodgkinson compensation plan, Simon Hodgkinson's employees. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.

7. Affiliate agrees to not utilize SPAM in promoting Simon Hodgkinson's web sites and products. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of Simon Hodgkinson's Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Simon Hodgkinson. Any service interruptions to Simon Hodgkinson's web sites as a result of Affiliates spamming will be billed to Affiliate at $150 U.S. dollars per hour until service is restored.

For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Simon Hodgkinson or his products, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:

i.) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not advertise an Simon Hodgkinson Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.

ii.) You may include information on Simon Hodgkinson in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.

Simon Hodgkinson also considers ANY type of advertisement about Simon Hodgkinson or his web sites posted to a newsgroup or chat room to be spam.

8. Affiliate agrees to provide Simon Hodgkinson with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.

9. Although the Simon Hodgkinson's Affiliate Program is United Kingdom based it is not limited to the United Kingdom, However all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by PayPal and sent out monthly on or about the last day of the month for the previous month's sales. To cover Simon Hodgkinson's fee processing, Simon Hodgkinson reserves the right to deduct approximately $2 (two dollars per sale). If a sale is cancelled or refunded, the related commission will be deducted from a subsequent payment. No minimum amount is required before payments are made. Payment are made via PayPal only and you must provide us with a valid PayPal account email on registration. PayPal may also deduct additional fees from your payment from us.

10. Affiliate will be issued an "Affiliate Link," or "Partner Link" a unique URL which allows Simon Hodgkinson to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link.

11. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.

12. Simon Hodgkinson is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

13. Simon Hodgkinson will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Simon Hodgkinson is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and Simon Hodgkinson is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of Simon Hodgkinson. It is the goal of Simon Hodgkinson to make Affiliate tracking as accurate as possible. However, Simon Hodgkinson cannot guarantee 100% tracking for situations beyond his control.

14. To protect Simon Hodgkinson's customer privacy, if deemed necessary, Simon Hodgkinson reserves the right to withhold identifying customer contact information from Affiliate.

15. Simon Hodgkinson reserves all rights in or to its trademarks and service marks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Simon Hodgkinson logo, image, or trademark which may be distasteful, defame, or misrepresent Simon Hodgkinson.

16. Affiliate understands that prohibited sites for advertising Simon Hodgkinson's products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.

17. Simon Hodgkinson shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Simon Hodgkinson has been advised of the possibility of such damages. Simon Hodgkinson's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Simon Hodgkinson under this agreement.

18. Affiliate agrees not to present others' creative works�in full or in part�as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination.

19. Simon Hodgkinson makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.

20. Both Simon Hodgkinson and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

21. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

22. Affiliate understands that Simon Hodgkinson will purge the main affiliate database monthly of all affiliates who have been designated as "inactive" for a period of six months or more.

23. This agreement will be governed by and construed in accordance with the laws of the United Kingdom.

DISCLAIMER:

Simon Hodgkinson hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to Simon Hodgkinson. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by Simon Hodgkinson.

Simon Hodgkinson obligations and your remedies hereunder are solely and exclusively as described and limited herein. Simon Hodgkinson's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall Simon Hodgkinson be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.

Simon Hodgkinson's display of any products, goods, or services offered by or originating from a party other than Simon Hodgkinson are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by Simon Hodgkinson. Any ultimate purchase of any product, good, or service from Simon Hodgkinson or his web sites are made subject to the law of the United Kingdom, which substantive law shall control the relationship of the parties.
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7.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between Affiliate Masters Training Course and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in The United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Affiliate Masters Training Course's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Affiliate Masters Training Course may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.