By filling out the signup form you acknowledge that you
have read the terms and conditions, understand, and
agree with them.
1) Term of the Agreements:
The term of this
Agreement will begin upon our acceptance of your Affiliate
application and will end when terminated by either party. Either
you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of
termination. You are only eligible to earn referral fees on
sales occurring during the term.
Cause for terminations include:
-
Use of unsolicited email/spam to promote our service or
program
- Inappropriate
advertisements (False claims, misleading hyperlinks)
- Advertising
on sites containing/promoting illegal activities
- Violation
of intellectual property rights.
If you use spam to promote the service you will be notified that
your account is under review and you will have the opportunity
to provide evidence that you are in fact using legitimate opt-in
email.
If you or we terminate your account 'without cause' then you
will have the opportunity to cash-out. i.e. any and all
commissions outstanding during the agreements term will be paid.
1.1) Privacy:
To protect your privacy at any
time an affiliate may opt-out of receiving any promotional
messages from the company i.e. newsletters and sales promotions.
You can unsubscribe from affiliate communications at any time by
sending an email request to affiliate@mlmtaxhelper.com
indicating you do not want to receive the affiliate newsletter
or commission notifications.
1.2) Mediation: Any problems or discrepancies
over due commissions will be dealt with within 7 days of an
email notification to the company. Queries can be raised via
email to affiliate@mlmtaxhelper.com
or by mail to:
Your Tax Helper.com
5225 Knapp Rd.
Middlesex, NY 14507
1.3) Tracking & earning commissions:
Visitors are tracked
using affiliate tracking software hosted on our server.
This software utilizes cookies set at a 1 year return
period. When
a person
clicks through your affiliate link, a cookie is set in
their browser that contains your affiliate username.
Also, their IP address is tracked in the database along
with your affiliate name. When this person decides to
buy a product, the script will look for this cookie
and/or try to match their IP address to identify the
affiliate who will be awarded the commission. Visitors
sent through your affiliate link may make a purchase
later in time and the commission will still be awarded
if the cookie is present in their browser and/or the are
using the same IP address as the one logged in the
database.
Commissions are NOT paid on an affiliate's own purchase of the software or other products; if a commission is generated when an affiliate makes a purchase, any such commission will be eliminated, and instead will be credited to the affiliate account of any sponsor/referrer who referred the affiliate, if any.
Data associated with commissions (IP address, name, etc.) are manually audited and compared with actual sales data to confirm commissions have been generated related to a bona fide sale; for instance, sometimes customers revisit the "Thank You" page that runs the script that generates the commission, causing multiple commissions to be incorrectly generated related to a single sale. Any such commissions generated that do not match up with a corresponding unique new sale will be eliminated.
1.4) Reporting: Affiliates will be able
to access sales through their affiliate administration
panel. Access details will be supplied upon acceptance
of your application. Statistics are available subject to
server performance in real time providing clickthru's,
sales, commissions due and conversion rates. Historical
data on a monthly basis of past performance is also
available.
1.5) International Affiliates:
International
affiliates are welcome to join the program. All payments
made will be in US dollars on a monthly basis.
International affiliates who would prefer a higher
minimum check payment to reduce their bank costs are
welcome to discuss reviewed limits by contacting affiliate@mlmtaxhelper.com
1.6) Predatory Advertising: We agree
not to use predatory advertising methods designed to
generate traffic from sites they have not contracted
with for the online promotion of our products, services
and affiliate program.
Affiliate agrees not to use any predatory advertising
methods in the promotion of our products, services or
affiliate program.
Predatory advertising is defined as any method that
creates or overlays links or banners on web sites,
spawns browser windows, or any method invented to
generate traffic from a web site without that web site
owner's expressed, written permission.
Examples include, but are not limited to, keyword
parsing browser plugins such as TopText and Surf+,
banner replacement technology such as Gator, and browser
spawning technology that is not web site dependent.
Participation in predatory advertising programs will
be cause for affiliates immediate termination.
2) Commission Payments:
We will pay
a 40% commission per sale (Basic and PRO versions of the software).
Payments will be made via PayPal once a month (during the second half of the month) for the previous month's commissions, sent in the form of
a PayPal payment to the affiliate e-mail address in the affiliate's registered profile. You are
held responsible for your own tax liabilities in
relation to this payment.
Although we generally make payments regardless of amount due, we reserve the right to invoke a minimum payment level of $50US. Accounts owing
under this amount may be carried forward to the next
sales period until commissions have accumulated to the
$50 threshold.
Commissions against sales that are
rejected upon credit card authorization or otherwise
refunded or charged back will be deducted from your
commission payment if in the same month, or deducted from future payments if in a month after a related commission has already been paid out.
3) Modification: We may modify any
of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a
change notice on this site, all affiliates who have not
opted out of receiving email notifications will also
receive an email notification.
Modifications may include, for example, changes in
the scope of available referral fees, fee schedules,
payment procedures and Program rules.
Any changes or modifications made will be in 'good
faith', the agreement will not be altered to purposely
avoid paying affiliates due commissions.
Any substantive changes ie. change of commissions
will be made with at least 14 days notice by email and
onsite update of agreement.
Notification of all changes will also be broadcast in
an email message to all affiliates providing you have
not opted out of receiving further communications from
us.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
4) 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 referral fees paid or payable
to you under to this Agreement.
5) Independent Investigation: YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE
MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT
ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF
PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
6) Miscellaneous: This Agreement
will be governed by the laws of the New York, without
reference to rules governing choice of laws. 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 be enforceable against the parties
and their respective successors and assigns. 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.
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