This agreement describes the entire terms and
conditions for participation in the HR Pointers Affiliate Program.
In this agreement, the term "Affiliate" refers to
you (the applicant). Wherever the agreement refers to "you" or "your",
it means "the Affiliate"; "we" or "our" refers to HR Pointers
ClickBank will create a unique URL for you when
you submit a complete Affiliate Enrollment Form.
You will receive 55% of the revenue as a
commission from orders placed through your Affiliate Site (unless noted
otherwise for a particular product) less the charges outlined by
ClickBank in their agreement http://www.clickbank.com/paychecks.html
. For a sale to generate a commission to an Affiliate, the customer
must complete the order form and remit full payment for the product
ordered. Commissions will only be paid on sales that are made through
qualified Affiliate links.
ClickBank will send a check for the applicable
commissions within the framework of their policies http://www.clickbank.com/paychecks.html
. If any order that generated a referral fee is returned by the
customer, or if there are any returned checks or charge backs, the
amount will be deducted by ClickBank from the next payment due
HR Pointers will be solely responsible for
processing every order placed by a customer on the Affiliate Site. You
are not authorized to sell any of these products from your site as a
"reseller" and no "resale" rights are granted in ANY way on these
products unless otherwise noted.
Customers who purchase products and services
through the Affiliate Program will be deemed to be customers of HR
Pointers. Accordingly, all rules, policies, and operating procedures
concerning customer orders and service will apply to those customers.
We may change our policies and operating procedures at any time. Prices
and availability of our products and services may vary from time to
time. HR Pointers policies will always determine the price paid by the
Qualification for Commissions
Affiliates must have an active link from their
website to their Affiliate link in order to qualify for commissions.
HR Pointers reserves the right not to accept any
site into the Affiliate Program based on site content. Sites that Do
Not Qualify for the Affiliate Program include sites which:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age
· Promote illegal activities
· Violate intellectual property rights
Unsolicited Commercial Email or SPAM
HR Pointers in no way participates in mass
unsolicited emailing (i.e. spamming), and all Affiliates are expected
to adhere to this policy as well. Violation of this policy will result
in the termination of this contract and immediate dismissal from the HR
Pointers Affiliate Program, with no refund.
Bottom line: If you spam you’re out!
Relationship of Parties
You and we are independent contractors, and
nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any
offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that reasonably would
contradict this statement.
Term and Termination
The term of this Agreement will begin when you
accept and will end when terminated by either party. Either HR Pointers
or you may terminate this Agreement at any time, with or without cause,
by giving the other party written notice of termination. Upon the
termination of this Agreement for any reason, all licenses granted
hereunder shall immediately terminate and you will immediately cease
use of, and remove from Affiliate's Web Site, all links to the HR
Pointers Site, and all HR Pointers trademarks and logos, other HR
Pointers Marks and all other materials provided in connection with this
We may reject your application or terminate you if
we determine (in our sole discretion) that your site is unsuitable for
the Program for any reason, including, harmful, threatening,
defamatory, obscene, sexually explicit harassing, or racially,
ethically, or otherwise objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex,
religion, nationality, disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any
copyright, trademark, or other intellectual property rights.
Limitation of Liability
We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, or data)
arising in connection with this Agreement or the Program, even if we
have 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 commissions paid or payable to you
under to this Agreement.
We make no express or implied warranties or
representations with respect to the Affiliate Program or your potential
to earn income from the Affiliate Program. In addition, we make no
representation that the operation of our site or the Affiliate links
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
If a dispute arises under this agreement, we agree
to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: New York. Any costs and fees other
than attorney fees associated with the mediation will be shared equally
by each of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: New York, under the
rules of the American Arbitration Association. Judgment upon the award
rendered by the arbitration may be entered in any court with
jurisdiction to do so. Mediation will be shared equally by each of us.
You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent. Subject to that
restriction, this Agreement will be binding on, inure to the benefit
of, and enforceable against the parties and their respective successors
Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our
right to subsequently enforce such provision or any other provision of
If any of the provisions of this Agreement are
determined by a court to be unenforceable, they shall be severed from
this Agreement, and the remaining provisions shall remain in full force
By signing up with ClickBank, you acknowledge that
you have read this agreement and agree to all its terms and conditions.
You have independently evaluated this program and are not relying on
any representation, guarantee or statement other than as set forth in