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Affiliate Program Operating Agreement

Updated: 7 November 2006

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the XL Results Foundation, Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means XL Results Foundation or any of our affiliate companies, as the case may be, and "you" means the applicant. "wealthdynamics.org, resultsfoundation.com and yourlifeyourlegacy.org Sites" means the sites that have their primary home page identified by the URLs www.wealthdynamics.org www.resultsfoundation.com www.yourlifeyourlegacy.org , and "sites" means World Wide Web sites. "Your site" means any site that you will link to the "Sites". Save for our obligation to pay referral fees under Section 4, which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our Affiliates (defined below), on our behalf.

1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via https://affiliate.resultsfoundation.com . We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that:

  • promote sexually explicit materials
  • promote violence
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • promote illegal activities
  • breach intellectual property rights
  • violate intellectual property rights

By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

2. Links on Your Site

Once you have been notified that your site has been accepted into the Program, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the "Sites" listed above. You also acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.

3. Order Processing

We will process Product orders placed by customers who follow Special Links from your site to the "Sites". We will be responsible for all aspects of order processing and fulfillment. Among other things, we will process payments, and refunds, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to the "Sites" and will make available to you reports summarizing this sales activity which will be available for you to access using your affiliate login codes at your discretion.

4. Referral Fees

We will pay you (in accordance with Sections 5 and 6 below) referral fees. For a sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to the "Sites", and purchase and pay for an approved product. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and the "Sites" are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the "Sites" are not properly formatted.

5. Referral Fee Schedule

During each calendar month, for products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees equal to 30% of the revenue received from the sale.

6. Referral Fee Payment

We will pay you referral fees on a quarterly basis wherever the amount due to you exceeds US$300. Where referral fees due are less than US$300 the amount will be held until the accumulated monthly referral fees owed to you exceed US$300. We will pay you via either Paypal or by post with a bank draft.

7. Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, your site may not show prices.

8. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • the technical operation of your site and all related equipment
  • creating and posting Product descriptions on your site and linking those descriptions to the "Sites".
  • the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)
  • ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • ensuring that materials posted on your site are not libelous or otherwise illegal
  • ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

9. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, and anti-spam laws.

10. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the "Sites".

11. 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 or emailing a new agreement to the email address provided on the application form. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OR EMAILING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12. 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 anything in this Section.

13. 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 this Agreement.

14. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the "Sites" will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. 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.