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The Hypnotic Tracks Affiliate Program Agreement (the Agreement) serves
to protect both parties by preventing confusion, misunderstanding, and to ensure
we both work fairly.
Hypnotic Tracks is wholly owned by Weller Associates.
It contains the terms and conditions that apply to The Hypnotic Tracks Affiliate
Program (the program) between Weller Associates (we) and you the affiliate,
while participating in the program.
Please take a moment read this through. We are really looking forward to having
you on board and want you to know the facts from day one.
Requirements To Join
It does not cost anything to join the program. The program is open to anyone who
has a valid email address. Exceptions to the above are websites which promote or
contain sexually explicit material, violence, illegal activities such as
software piracy, or discrimination based on race, sex, religion, national
origin, physical disability, sexual orientation, age, or practice UCE
(Unsolicited Commercial Email), also known as SPAM, in any way.
We reserve the right to terminate the agreement with individuals if we feel your
site is unsuitable. This Agreement is totally Non-Exclusive and does not impede
the freedom of your website content and/or operations in any way. Reading this
document is a condition of joining the program.
"Parasiteware"
Weller Associates will not accept any affiliate or allow any current affiliate
who utilizes any type of software download or technology (also known as
Parasiteware) to attempt to intercept or re-direct traffic from or divert
referral fees from, any web site that participates in the
Hypnotic Tracks Affiliate Program.
Official definition of Parasiteware:
ParasiteWare - is technology (including, but not restricted to, browser
helpers, browser plug-ins, toolbars and pop ups/sliders) that knowingly or
unknowingly undermines or removes another affiliate's ability to compete by
changing, intercepting or redirecting an affiliate link. Parasiteware may be
installed knowingly or unknowingly by the end user, altering their normal web
browser functions and/or installing a third party application that works through
the user's altered browser.
Affiliate Program Details
Promotion :- Upon your acceptance to the program, you will be given access to
promotional material. You may display these anywhere on your site.
Any written material (newsletters etc) with reference to
Hypnotic Tracks or Weller Associates must be submitted to us for
approval (please email affiliates@wellerassociates.co.uk - we will always
endeavor to reply with in 24 hours)
Title, ownership, and content shall remain the property of Weller Associates or
it's suppliers and is protected by International Copyright Law. You are
responsible for ensuring that your advertising obeys all applicable copyright
and trademark laws. We are not responsible for Affiliate's misuse of any
copyrighted material.
Tracking :- Commissions are paid on direct sales generated by a customer coming
directly from an Affiliates web site only.
Notification:- You will be notified by email of the following:
- all direct orders from your site
- any promotions, product changes or additions
We will also contact you periodically with news, tips on marketing the product,
product updates, affiliate earnings etc.
Commission Structure & Payment
All services and products sold by Hypnotic Tracks to customers
originating from the Affiliate's website, or referral URL, qualify to earn
Affiliate referral fees as described below.
- Affiliates are paid 40% of the Recommended Retail Price of the products for each sale
- Incentive schemes and bonus payments may be made periodically
Any tax liability on the amount of commission received will be your
responsibility. Every customer who purchases services or products from
Hypnotic Tracks is deemed to be a customer of Hypnotic Tracks.
Affiliates do not have the authority to make or accept any offer on behalf of
Weller Associates or Hypnotic Tracks. The price of all
Hypnotic Tracks services will be determined by Weller Associates. We
reserve the right to reject any order that does not comply with Weller
Associates policy.
Currency
You have the option to have your commission paid in either US dollars through
PayPal or British pounds by cheque. Commissions are paid on or around the 5th of
each month for the earnings of the prior month. Payment will be made when total
payable reaches £100 (UK).
Commissions on credit card chargebacks are processed manually. Higher than
average returns (currently less than 1%) from your customers will trigger
investigation and possible termination if no plausible explanation is found.
Termination
Weller Associates reserves the right to terminate individual
agreements at any time. However, we'll do so only after careful consideration of
the facts. We would only terminate an affiliate who has explicitly broken the
policy as described in this agreement. Weller Associates reserves the right to
visit your website to view content for this reason.
Reasons for termination include:
- Linking to Hypnotic Tracks from websites which promote or contain sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, age.
- Use of/practicing UCE (Unsolicited Commercial Email), also know as SPAM, in any way. Definition of SPAM: "Sending any e-mail on any subject to anyone or any organization that has not requested this information specifically by requesting it directly or by giving their permission for you to send them information". This is one definition. If you are not sure, don’t do it. We encourage responsible opt-in permission marketing. Our Affiliates will be given advice on effective and responsible use.
- Generating bogus traffic, referrals and sales by electronic means or otherwise, for the purpose of inflating commissions. Such activity will be tracked and monitored.
- Not responding to warnings and requests to cease and desist any activities we deem negligent, inappropriate, or harmful to us or other affiliates.
- Affiliates that do not actively participate in the program. No minimum amount of sales are required to remain active, although we reserve the right to ‘clear’ the bottom 20% of affiliates from the program on a yearly basis. This ensures we can focus on our affiliates who are performing well. Appeals will be dealt with on an individual basis by email.
Termination for any other reason
Termination for any reason will done by email and a full explanation provided.
Either party can terminate the agreement. Any affiliate terminated for reasons
(1-4) will not receive any commissions due, including commissions earned by sub-
affiliates. Sub-affiliates’ own commissions will remain unaffected. Upon
termination, you are required to remove all links and material referring to
Weller Associates and its websites.
Disputes
Most differences can resolved easily enough if the lines of communication are
open, and we hope if they do arise, to resolve them swiftly and amicably. If you
have any concern or complaint, please contact us immediately at
affiliates@wellerassociates.co.uk
Privacy Policy
We respect the privacy of our Affiliates. Your contact information, affiliate
statistics, reports and commission amounts are only available to two parties:
Yourself and our affiliate team. Also see our general privacy policy on our
website. We may publish revenues earned by affiliates anonymously to other
affiliates.
General Liability
This agreement gives you no rights to any content on the Weller Associates
websites. Weller Associates claims no right to ownership of any of your website
content. Weller Associates shall have no liability for any damages (indirect,
incidental or consequential) or any loss of revenue arising under or with
respect to this agreement or the Hypnotic Tracks Affiliate Program.
Any damages that result from your negligence will result in action being taken
for compensation. We will make every effort to ensure that our website and
tracking system is operational at all times. In the event of unavoidable
technical difficulties, which may cause service and tracking interruptions, you
agree that Weller Associates is not liable in any way for such interruptions.
Jurisdiction
This Agreement shall be governed by English law and the parties submit to the
non-exclusive jurisdiction of the English courts.
Relationship
As an Affiliate you are an independent contractor, and nothing in this Agreement
shall create any form of partnership, joint venture, franchise, agency, or
employment relationship between the parties. You will not be treated as an
employee with respect to the regulations of any country whatsoever. You shall
not assign this Agreement, by operation of law or otherwise, without the prior
express written consent of Weller Associates. Subject to the foregoing, this
Agreement is binding upon, insures to the benefit of, and is enforceable by the
parties and their respective successors and assigns. This agreement will stay in
effect as along as Weller Associates makes this service available, unless this
agreement is terminated beforehand due to breach of its terms. Weller Associates
reserves the right to make changes to this affiliate agreement as and when
necessary. Affiliates will be notified 7 days in advance via email. Thank you
for taking the time to read this document. I look forward to working with you.
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