Our Affiliate Agreement
This Internet Referral Program Agreement (“Agreement”) contains the complete terms and conditions that apply to your participation in the Michele Penn Affiliate Program and the establishment of links from your web site to the Peace in the Present Moment website “http://peaceinthepresentmoment.net”
You may also be referred to herein as “PARTICIPANT”, “you” or “Party”.
- The Affiliate Program:
1) As a member of the “Michele Penn Affiliate Program” you will be provided a variety of graphical and text based links, which you may place, multiple times if you wish, on your web site. The provided links will include a designated code that will identify your site as a Participant of our program. As a participant you agree that you will only display the graphical images and text based links that have been provided to you from Michele Penn.
2) In order to be processed as an acting participant you must first complete the required sign up form, which can be found on this website. Upon completion of your application, a designated representative will evaluate your application and notify you of your acceptance or rejection, which is based on numerous conditions.
1) This agreement will become in effect once your enrolment application is approved. This agreement may be terminated at any time by either yourself or Michele Penn without any reason or without notifying the other party of termination.
2) Participants are only eligible to earn commissions on sales which are completed during the term of active participation. All commissions earned through termination will be payable only if the related purchases are not cancelled or returned. Michele Penn may withhold final payment for a reasonable time to ensure that the correct amount is paid.
1) Commission rates are determined at the time of registration and are subject to change.
2) Payments will be received 30 days after a sale being made. Payment will be made through Paypal minus any taxes required to be withheld. For any calendar month in which your commissions do not exceed $25, Michele Penn will roll over your balance to the next month, and so forth, until a total amount that equals or exceeds $25 is due.
1) Participants are required to ensure that visitors to their site have easy access to the Peace in the Present Moment website and that all links and images are in working order.
2) Participants must continue to maintain an appropriate web site that does not violate the terms of “appropriateness.” If any of the following is found on your web site Michele penn will terminate your account.
- Violate any laws, rules or regulations.
- Violate or infringe upon the rights of any third party including, without limitation, copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
- Contain lewd, pornographic, sexually explicit, or obscene content.
- Violate any laws regarding unfair competition, anti-discrimination or false advertising.
- Promote violence or contain hatfeul view or language
- Contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious program routines; or
Michele Penn reserves the right to monitor participant’s Web Site(s), at any time and from time to time to determine whether a site is in compliance with the terms of this Agreement.
Michele Penn will fulfil all fully paid orders for Products in accordance with Michele Penn’s customary business practices. Michele Penn shall be solely responsible for fulfilling all orders placed by a customer as a direct result of the links.
Michele Penn’s products offered through the links will be supported by the same favorable warranty and return policy for such products as offered through other Michele Penn’s channels. Customers who purchase through the Affiliate Program are deemed to be customers of Michele Penn, all of Michele Penn’s rules, policies, and operating procedures concerning customer orders, customer service, and use of customer names and information, will apply to those customers.
Any promotional activity you may wish to engage in that uses materials other than those provided by Michele Penn requires the prior written consent of Michele Penn. PARTICIPANT shall not create, publish, distribute, or permit any written material that makes reference to Michele Penn without first submitting such material to Michele Penn and receiving written consent.
1) Michele Penn grants to all participants a non-exclusive, non-transferable, royalty-free, revocable license to access the Michele Penn Web Site through the Links solely in accordance with the terms of this Agreement and in connection with such links, to use Michele Penn’s logos, trade name, trademarks, service marks and similar identifying material relating to Michele Penn, for the sole purpose of selling Products on your Web Site for Michele Penn. You may not alter, modify, amend, or change these in any way.
2) Participating sites may not use any such images, logos, or links for any purpose other than promoting or selling products from Michele Penn. If participating web sites wish to use images in other ways, they may not do so without the written consent of Michele Penn. Participants also agree not to use any images or logos in any way that may show Michele Penn in a negative manner. Michele Penn reserves all of its rights in the images and logos and all of their other proprietary rights. Michele Penn may revoke this license at any time, by giving you written notice. Participants may not alter, modify, or change any files, whether graphical or text based, in any way.
3) All intellectual and proprietary property and information, supplied or developed by Michele Penn shall be and remain the sole and exclusive property of Michele Penn Upon termination of this Agreement, PARTICIPANT shall return to Michele Penn any and all such property and information it received from Michele Penn and immediately cease use of Michele Penn’ Marks. Participant agrees not to contest or challenge Michele Penn’ Marks or to use any confusingly similar marks.
Pursuant to this Agreement, the Parties may disclose to one another certain information which is considered by the disclosing party to be proprietary or confidential information, including, without limitation, the term of this Agreement, business, marketing and financial information, customer and vendor lists, and pricing and sales information. All such information shall remain the sole property of the disclosing party, and its confidentiality shall be maintained and protected by the receiving party with the same degree of care as the receiving party uses for its own confidential and proprietary Information and the receiving party shall not disclose such Information to any third party without the consent of the disclosing party. The restrictions of the use or disclosure of any information shall not apply to any information: after it has become generally available to the public without breach of this agreement by the receiving party; is independently developed by receiving party; is rightfully in the receiving party’s possession prior to disclosure to it by the disclosing party; is rightfully received by receiving party from a third party without duty of confidentiality; or is disclosed under operation of law or pursuant to legal or regulatory process.
Participants agrees to indemnify, defend and hold harmless Michele Penn, its parent company, subsidiaries, affiliates, successors and assigns and their respective officers, directors, shareholders and employees, from and against any and all losses, liabilities, damages, actions, claims, expenses and costs including, without limitation, reasonable attorneys’ fees, which result or arise from or are based on the negligence of the participant, its agents, servants and/or employees. If a participant breaches this Agreement or any of the terms hereunder, any misrepresentation of a representation or warranty, or breach of a covenant or agreement, or in the sign up application, any claim that Michele Penn’ use of PARTICIPANT’S Marks infringe on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, or any claim related to participant’s Web Site, including, without limitation, content therein not contributed directly by Michele Penn.
- Independent Parties:
Nothing contained herein shall imply any partnership, joint venture or agency relationship between the Parties and neither Party shall have the power to obligate or bind the other in any manner whatsoever, except to the extent herein specifically provided.
- Binding Effect; Benefit:
This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person or entity other than the Parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.
Except as otherwise expressly provided in this Agreement, Michele Penn shall not be liable for any breach of this Agreement or for any delay or failure of performance resulting from any cause beyond such Party’s reasonable control, including without limitation, the weather, strikes or labor disputes, war, terrorist acts, riots or civil disturbances, government regulations, acts of civil or military authorities, or acts of God.
XIV. Entire Agreement:
This Agreement constitutes the binding agreement between the Parties; represents the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements; and may not be modified or amended except in writing signed the Parties. Notwithstanding anything to the contrary contained herein, Michele Penn may modify and change any of the terms and conditions of this Agreement, at any time in its sole discretion. Participants will be notified by E-mail. Modifications and changes may include, without limitation, changes in the scope of available commission fees and payment procedures. If any modification or change is unacceptable to participant, participant’s only recourse is to terminate this Agreement. Your continued participation in the Program following the sending of the above E-mail, or a new agreement, will constitute binding acceptance of the modification or change.