By
enrolling in the Hitmine Inc. Affiliate Program, you
acknowledge that you have read an understood these
terms, and that you will abide by the requirements of
our program as detailed below.
1.
Affiliate Acceptance
We
operate an 'Automatic acceptance' policy which does not
involve any pre-screening or 'interview' between Hitmine
Inc.
and our affiliates. We will periodically look at your
web site (if you have a site) to ensure that you are not
operating your Affiliate business in violation of this
agreement. In the case of Affiliates who Hitmine Inc.
deem to be operating outside our stated terms, we may
decide to terminate your Affiliate membership and may
ask you to remove any advertising links or banners from
your site. We do not tolerate or will not be represented
on sites that:
- Promote discrimination based
on sex, race, religion, nationality, disability,
sexual orientation, or age.
- Promote 'adult' oriented
material or anything of a sexually explicit nature.
- Promote or condone violence.
- Promote business activities
using 'unsolicited' marketing methods such as 'spam'
email etc.
Any member choosing to promote
their Hitmine Inc. Affiliate program in conflict with
these terms will have membership rights terminated
immediately.
2. Use
and restriction of Logos, links, Banners and other
Hitmine Inc. material.
Hitmine Inc.
owns the copyright on all material at our web site, and
materials provided to you through the Affiliate Startup
Pack. You are not permitted to use our advertising
material for any purpose other than the promotion of our
products. We grant you a non-exclusive, revocable
right to use the Hitmine Inc. logo and/or advertising
banners provided to you for advertising our site. You
may not under any circumstances change the appearance of
or modify our logos and banners in any way without our
written permission. Our names, logos, banners, web site
images, web site text and all material publicly
displayed at our web site is copyright protected, and
may not be used in any way other than in the legitimate
promotion of our business.
3. New Products and
Deletions.
From time to time we
may discontinue certain product lines or introduce new
items to our store. We will operate best endeavors to
notify our members of any changes, but you are
ultimately responsible for ensuring that your links and
information are accurate and up to date.
4.
Your Web Site and Business
Setup
instructions are provided by Hitmine Inc. that will
enable you to add links and/or advertising banners to
your web site. You will be provided with instruction on
how to setup your unique Affiliate links that will
enable us to track your sales and credit commissions to
your account. You may post any number of links and/or
banners that you wish or use any other legal means to
promote your affiliation with Hitmine Inc.. You may
not use any form of unsolicited marketing or 'spam' to
promote your affiliation with Hitmine Inc.. Any
affiliate found in breach of this requirement will have
membership rights terminated immediately. If you have
any doubt as to the integrity of your marketing or sales
tactics then you may consult Hitmine Inc. for
guidance. However you are ultimately responsible for
operating within the law and for observing all legal,
moral and ethical trading practices. You will be solely
responsible for the design and operation of your web
site and for any materials or links on your site. You
must not operate your site in violation of any
copyrights, trademarks, privacy or personal rights. We
do not accept, and in agreeing to the terms of this
contract you indemnify us from, any action, losses,
claims, damages relating to the operation of your web
site or business. These include any legal costs,
expenses or liabilities resulting thereof.
5.
Calculating Commissions and Rates.
We operate a two-tier
commission program and will pay you a commission of
twenty percent (20%) of gross revenue generated as a
result of a referral from you. We will pay you a five
percent (5%) commission of gross revenue generated as a
result of any sale made by one of your 'down-line' or
level two affiliates. Gross revenue is defined as gross
receipts less shipping costs and any applicable sales
tax or other fees. We may also factor for any
promotions, discounts or free offers that are connected
with any referring sale.
You may NOT earn affiliate
commissions on your own purchases. Only one Affiliate
membership per household is permissible.
Though your account statement
will indicate a 'closed sale', a sale is only final once
the order is shipped and accepted. Also, we operate a
100% refund policy, and reserve the right to
deduct a commission from your account for any product
that is returned to us under warranty. These will be
deducted from your commission payment usually within two
months. We have a $50.00 monthly minimum for checks, if
the minimum is not met the balance of your account will
'roll-over' to the next month.
6.
Commission Payment method and Frequency
Hitmine Inc. will remit
payment to you by business check for your Affiliate
Program commissions at the end of each calendar month.
For commissions generated in the last week of the
calendar month, we reserve the right to make payment in
the month following the next calendar month. Commissions
can be checked by you anytime by viewing your password
protected account in our Affiliate member area.
7.
Order Acceptance Policy
Orders
may be rejected by us if they do not comply with any
acceptance criteria that we deem applicable at the time
of order. We also reserve the right to reject orders or
impose special requirements due to excessive demand or
inventory shortages. All orders will be accepted on our
terms and we will facilitate all acknowledgements,
payments, packaging and shipping. When a sale is made,
the purchaser becomes a customer of Hitmine Inc., and
all Hitmine Inc. operating policies and procedures
will apply to that customer.
8.
Hitmine Inc. Policies
We
reserve the right to change our policies, procedures,
commission structure, commission rates and pricing at
any time.
9.
Term of this Agreement
The
term of this Agreement commences upon the mutual
acceptance of this Agreement and when the first link
published on your site or marketed by you. The term
duration is for one year and will automatically renew
after the first year unless terminated by either party
in writing within thirty days from end of this term.
Renewal duration of this agreement will be for one year.
Affiliates in violation of any of the terms and
conditions of this contract will have their affiliate
membership and account terminated. Commissions generated
through any active period of this agreement will remain
payable, up to the termination date. Commission on fees
generated in the last thirty days of this agreement will
be held until the Warranty period on the shipped goods
has elapsed. Commissions will not be payable on any
goods returned under warranty or at any other time where
we accept return of the goods.
10.
Trading Relationship
Hitmine
Inc.' relationship with our Affiliate Members (you) is
one of 'Independent contractor'. There is no 'employment
relationship' established between Hitmine Inc. and any
Affiliate member. Accepting these terms and advertising
our products does not in any way form any legal bond or
partnership between Hitmine Inc. and you the Affiliate
member. Accepting these terms and advertising our
products does not create any partnership, franchise, or
agency relationship between Hitmine Inc. and our
Affiliate Members. You will not make claims or
statements that contradict anything in this agreement.
11.
Limitation of Liability
We are not liable for any
damages or loss of revenue resulting in connection with
this agreement. We are not liable for any consequential
losses or damages, or any loss of revenue, resulting in
connection with this Agreement. Our aggregate liability
arising with respect to this Affiliate Program Agreement
will not exceed the total commission fees paid or
payable to you under this Agreement.
12.
Disclaimers
We will provide best endeavors
to maintain our site and other logistical components of
our business in functioning order. We accept no
responsibility for damages, lost sales or profits as a
result of any interruption of service on our web site or
other aspect of our business.
13.
Acknowledgement -
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. 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.
This
Agreement will be governed by the laws of the United
States and the State of Wisconsin, without reference to
rules governing choice of laws. Any action relating to
this Agreement must be brought in the federal or state
courts located in WI, and you irrevocably consent to the
jurisdiction of such courts. 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.
I
accept these terms and wish to register.
Note. We reserve the right
to modify these terms as necessary without prior
notification.
