Affiliates are very important to me and I designed this program to be easy for you. I do my best to treat you with the fairness and respect you deserve. I have written the following affiliate agreement with you in mind, as well as to protect my company's good name.
If you have any questions, please ask. My goal is to make this simple and productive!
SoftballMentalMaster.com AFFILIATE AGREEMENT
YOU MAY PRINT OR SAVE THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Affiliate Service Agreement (the "Agreement") is made by and between www.SoftballMentalMaster.com and you ("You," "Your," "Affiliate"), as an Affiliate utilizing the www.SoftballMentalMaster.com website. You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering as an Affiliate.
Here is a summary:
- You are promoting the products by placing a link, with or without a banner, almost anywhere you like, including in non-spam emails, social media, and on your website.
- You will be paid commissions, at the rate of 40% of gross profit, which is 100% of sales that are all electronic and less for sales that require printing, shipping, or other costs.
- You will be paid commissions for any sales made within 30 days of the initial click to SoftballMentalMaster.com from the link you provide. You will not be paid for sales made to the same customer or IP address after 30 days.
- You will be paid each Monday, provided you have an account balance that is $25 or greater. Payments will be deposited into your Paypal Account.
- As an affiliate, you can only have 1 account. Self-referrals for affiliate or merchant accounts are prohibited.
Here is other important information:
- We can change this agreement, as long as we inform you of such change via mail, e-mail, or fax. This includes terminating your Affiliate status at any time for any reason.
- You may not place links on Adult, Hate, or other related sites. You may not place links on websites that promote violence, discrimination, or any illegal activity.
- All statistics are collected and calculated by SoftballMentalMaster.com, and will be the only valid stats used for determining commissions.
- International affiliates (those with addresses outside of the 50 U.S. States) are paid via Direct Deposit where possible.
- You won't hold us liable for anything, a link to our site does not mean that we endorse or accepts any responsibility for the content or the use of any other site.
- You cannot SPAM.
- You will not give away any content that is available for sale on SoftballMentalMaster.com.
- You will not independently sell any content that is available for sale on SoftballMentalMaster.com.
- You will not copy any content found on SoftballMentalMaster.com and present it as your own. (Note: Imitation is flattering, but plagiarism is forbidden and illegal.)
- You will not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are SoftballMentalMaster.com or any other affiliated business.
- Either you or we may end this Agreement AT ANY TIME, with or without cause.
- You will not use any "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
- You will not display a merchant window that isn't the result of a direct click by the end-user.
- Failure to abide by these rules could mean termination from this merchant program.
To begin the enrollment process, you will complete and submit the online application. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. By completing the registration process, you are agreeing to all the bullet points above.
ACCESS to Affiliate Account Interface
You will create a password so that you may enter SoftballMentalMaster’s secure affiliate account interface. From there, you will be able to receive your reports that will describe our calculation of the commissions due to you.
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in acceptable locations. Suggested placement includes Your website, social media, or emails.
Your acceptable use cannot infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. You may not click on Your own banners and/or links.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks, nor posted in any misleading way.
LIMITATION OF LIABILITY / IMDEMNIFICATION
SoftballMentalMaster.com or its partners or resellers or merchants shall not be liable to you or any other person for any indirect, incidental, or consequential damages of any character arising out of the use or inability to use SoftballMentalMaster.com or any information provided on the SoftballMentalMaster.com web site or any hyperlinked site, including, without limitation, damages for loss of goodwill, lost profit, or loss of data.
You hereby agree to indemnify and hold harmless SoftballMentalMaster.com, and its subsidiaries, partners, and affiliates, and their officers, employees, or agents, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are softd on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
NON-DISCLOSURE / PRIVACY
SoftballMentalMaster.com respects the privacy of its users and will not disclose personal information to third parties without express permission from You.
SoftballMentalMaster.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of You or Your company. SoftballMentalMaster.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of SoftballMentalMaster.com, that becomes available to SoftballMentalMaster.com from third parties without knowledge by SoftballMentalMaster.com of any breach of fiduciary duty, or that SoftballMentalMaster.com had in its possession prior to the date of this Agreement. SoftballMentalMaster.com does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. SoftballMentalMaster.com reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as SoftballMentalMaster.com deems appropriate.
OWNERSHIP AND LICENSES
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use SoftballMentalMaster.com provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the SoftballMentalMaster.com, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the SoftballMentalMaster.com’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
You agree not to use the SoftballMentalMaster.com proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
SoftballMentalMaster.com makes no express or implied representations or warranties regarding SoftballMentalMaster.com service and web site or the products or services provided therein, any implied warranties of SoftballMentalMaster.com ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
Representations, Warranties, and Miscellaneous
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and . 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
- Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
- You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
- This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
- The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
- 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.