Welcome to our Affiliate Agreement Page
1. GENERAL AFFILIATE AGREEMENT
2. AFFILIATE AGREEMENT FOR E-BOOK SALES
3. AFFILIATE AGREEMENT FOR MENTORING PROGRAM
4. AFFILIATE AGREEMENT FOR E-CLASS PROGRAM
By signing up as an affiliate with Wisdom Books, LLC, you
agree to the following Terms of Service.
This agreement is by and between Wisdom Books, LLC and/or
their assigns and all subscribers. Unless the context requires otherwise, Wisdom
Books, LLC and/or their assigns shall be referred to as "us, we, or
our" and you shall be referred to as "you, your or subscriber."
You understand that Wisdom Books, LLC and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Wisdom Books, LLC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Wisdom Books, LLC and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers. You agree to regard all commission referral decisions made by Wisdom Books, LLC as final.
B. Termination. We may terminate your account: (a) if you
violate our Terms Of Service Policy; (b) promote Wisdom Books, LLC in a manner
that is unethical or inappropriate; or (c) for any reason, in our sole
discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE WISDOM BOOKS, LLC, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
D. Qualifications. Wisdom Books, LLC reserves the right not to accept any site, person or entity into the program based on site content or promotional intent. Sites, persons or entities that DO NOT QUALIFY for the program include, but are not limited to, sites, persons or entities that: (1) promote sexually explicit materials; (2) promote violence; (3) promote discrimination based on race, sex, religion, nationality, disability, or age; (4) promote illegal activities; (5) violate intellectual property rights.
E. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action, which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
F. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
G. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
H. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
I. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
J. 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.
K. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force.
This AGREEMENT PLUS the
AFFILIATE AGREEMENT FOR E-BOOK SALES, the AFFILIATE AGREEMENT FOR MENTORING
PROGRAM; and the AFFILIATE AGREEMENT FOR E-CLASS PROGRAM constitutes the entire
agreement between us pertaining to its subject matter and supersedes all of our
prior agreements, representations, and understandings. Subject to Section K, no
supplement, modification, or amendment of this agreement shall be binding unless
executed in writing by both parties.
No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.
If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
AFFILIATE AGREEMENT FOR E-BOOK SALES
This agreement describes the entire terms and conditions for participation in the Wisdom Books, LLC 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 Wisdom Books, LLC
Affiliate Site
ClickBank will create a unique URL for you when you submit a complete Affiliate Enrollment Form.
Commissions
You will receive 40% 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.
Payment
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 affiliate.
Order Fulfillment
Wisdom Books, LLC 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
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Wisdom Books, LLC. 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. Wisdom Books, LLC policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate link in order to qualify for commissions.
Qualifying Sites
Wisdom Books, LLC 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
Wisdom Books, LLC 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 Wisdom Books, LLC 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 Wisdom Books, LLC 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 Wisdom Books, LLC Site, and all Wisdom Books, LLC trademarks and logos, other Wisdom Books, LLC Marks and all other materials provided in connection with this Agreement.
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.
Disclaimers
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.
Disputes
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 Jersey. 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 Jersey, 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.
Assignment
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 and assigns.
Miscellaneous
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 this Agreement.
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 and effect.
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 this agreement.
AFFILIATE AGREEMENT FOR
MENTORING PROGRAM AND E-CLASSES
This agreement describes the entire terms and conditions for participation in the Wisdom Books Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring web site" refers to the web site from which you will link to us.
Wisdom Books is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.
You can add or remove links any time you wish:
You may add as many links to our site, or remove such links, at any time and without prior approval from Wisdom Books.
Affiliate Sales Commissions:
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by Wisdom Books in the future, Wisdom Books shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns ("Sales Commission").
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which Wisdom Books has received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions, based upon the following schedule:
Wisdom Books, LLC sends out Commission checks in the amount of $199 per Mentorship Program sale, on the fifteenth of every month, on all sales made between the first and last day of the previous month. Wisdom Books, LLC sends out Commission checks in the amount of $75 per Eclass Program sale, on the fifteenth of every month, on all sales made between the first and last day of the previous month. Eclasses participants are given a 100% money back guarantee if they decide, for any reason, to cancel their participation before the 2nd week of their classes - therefore, Wisdom Books reserves the right to modify all Commission checks to reflect any pertinent refunds. All efforts will be made on our part to retain clients before issuing a refund.
Wisdom Books Commission amounts less than $50 will be held until the next calendar month in which the cumulative referral fee due exceeds $50, or until this agreement is canceled.
Participant can check the status of commissions earned at any time by visiting the site at the link provided on our site.
If a refund is requested by a customer on a qualifying sale, 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.
Delivery and Order Processing:
Wisdom Books will be solely responsible for processing every order placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Wisdom Books.
All of the rules, operating procedures and policies of Wisdom Books regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. Wisdom Books reserves the right to reject any order at its sole discretion.
Copyrighted Material:
The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold Wisdom Books harmless for any violations thereof.
Customers of Wisdom Books:
Every customer who purchases a product is deemed to be a customer of Wisdom Books. Wisdom Books is not responsible for any representations made by the Participant which contradict our policies.
Pricing and Availability:
All prices shall be established by Wisdom Books. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.
Operation of Web site and Processing:
Wisdom Books will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Wisdom Books shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:
Wisdom Books reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.
Independent Contractors:
Participant of Wisdom Books affiliate program 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.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Wisdom Books 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 Wisdom Books Site, and all Wisdom Books trademarks and logos, other Wisdom Books Marks and all other materials provided in connection with this Agreement.
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.
Compliance with Applicable Laws
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate's Web Site, and for ensuring that your activities and materials posted on Affiliate's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Wisdom Books harmless for any violations of the foregoing. Wisdom Books disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Wisdom Books WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF Wisdom Books HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Wisdom Books CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
Disclaimers
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 Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Mediation & Arbitration
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: Hunterdon County. 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: Hunterdon County, 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.
Miscellaneous
Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this Agreement to any party.
Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Jersey without regard to the conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
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 this agreement.