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This agreement describes the entire terms and conditions for participation
in the Peopleworkbest.com Affiliate Program (Yes to Less Stress).
Peopleworkbest.com is owned and operated by People Work Best Ltd.
This agreement is by and between People Work Best Ltd and/or their
assigns and all subscribers. Unless the context requires otherwise,
People Work Best Ltd. and/or their assigns shall be referred to
as "us, we, or our" and you shall be referred to as "you,
your or subscriber."
You understand that People Work Best Ltd. and/or their assigns does
not guarantee or predict any type of profit or response from said
services. Subscriber agrees to hold People Work Best Ltd harmless
from and against any and all losses, claims, expenses, suits, damages,
costs, demands or liabilities, joint or several, of whatever kind
or nature which People Work Best Ltd and/or their assigns may become
subject arising out of or relating in any way to the use of the
services provided under this agreement, including, without limitation,
in each case attorneys'' fees, costs and expenses actually incurred
in defending against or enforcing any such losses, claims, expenses,
suits, damages or liabilities.
A. You will receive 51% of the revenue as a commission from orders
placed through your Affiliate Site.
For a sale to generate a commission to an Affiliate, the customer
must complete the order form and remit full payment for the product
ordered. Commissions will only be paid on sales which are made through
qualified Affiliate Sites. Peopleworkbest.com will send payment
(electronically) for the applicable commissions on or about the
15th of the month for the previous month's commissions. If any order
that generated a referral fee is returned by the customer, or if
there are any declined credit cards, the amount will be deducted
from the next monthly payment. If there is no subsequent payment,
the Affiliate will be invoiced.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote People
Work Best Ltd in a manner that is unethical or inappropriate; or
(c) for any reason, in our sole discretion. Peopleworkbest.com reserves
the right not to accept any site into the Affiliate Program based
on site content. Sites that Do Not Qualify for the Peopleworkbest.com
Affiliate Program include sites which promote sexually explicit
materials, promote violence, promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age,
promote illegal activities, violate intellectual property rights
.
C. No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED,
WITH RESPECT TO THE SERVICE People Work Best Ltd , ITS SUBCONTRACTORS
AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
We shall not be liable for any damages suffered by you, whether
indirect, special, incidental, exemplary, or consequential, including,
by not limited to, loss of data or service interruptions, regardless
of cause or fault. We are not responsible for your lost profits
or for your loss of data or information. If notwithstanding this
clause we are held liable to you.
D. TERMS.
You agree: (1) to use our system in a manner that is ethical and
in conformity with community standards; (2) to respect the privacy
of other users (you shall not intentionally seek data or passwords
belonging to other users, nor will you modify files or represent
yourself as another user unless explicitly authorized to do so by
that user); (3) to respect the legal protection provided by copyright
law, trade secret law, or other laws protecting intellectual property.
4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE,
we will attempt to notify you. If you do not take immediate remedial
action which is satisfactory to us, or in the event of a serious
violation of the TERMS OF SERVICE, we reserve the right to terminate
your account immediately. Every effort will be made to inform you
prior to account termination, and to re-establish your account upon
receiving such representations from you as we deem appropriate in
the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING
SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. Peopleworkbest.com
in no way participates in mass unsolicited emailing (i.e. spamming),
and all Affiliates are expected to adhere to this policy as well.
Violation of this policy will result in the termination of this
contract and immediate dismissal from the Peopleworkbest.com Affiliate
Program, with no refund.
E. Assignment.
This agreement is personal to you. You may not assign your rights
under this agreement without our prior written consent. If you do
assign your rights, as would be the case were someone other than
you to use your account, you shall remain liable to us for any fees
due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions.
We reserve the right to change the terms and conditions of this
agreement as needed. Use of our servers by you after said changes
constitutes acceptance of those new terms and conditions. If you
do not agree to the new terms and conditions, you may terminate
this agreement in accordance with Section B.
G. Notification of Account Changes.
You agree to provide us with such other information relating to
your use of this service as we deem necessary or desirable. You
agree to notify us if your address, email address, telephone number,
billing information changes.
H. Notices.
All notices, requests, demands, and other communications under this
agreement shall be in writing and shall be deemed to have been given
on the date of delivery: if delivered personally to the party to
whom notice is to be given; if sent by electronic mail with a cc:
to sender; if sent by fax; or on the third day after mailing by
first class mail.
I. General Provisions.
The subject headings of the articles and sections are for convenience
only, and shall not affect the construction or interpretation of
any of its provisions. If any portion of this agreement is found
invalid or unenforceable, that portion shall be severed and the
remainder of this agreement shall remain in force. This agreement
constitutes the entire agreement between us pertaining to its subject
matter and supersedes all of our prior agreements, representations,
and understandings. Subject to Section I, no supplement, modification,
or amendment of this agreement shall be binding unless executed
in writing by both parties. No waiver of any of the provisions of
this agreement shall be deemed, or shall constitute, a waiver of
any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver. This agreement
may be executed in one or more counterparts. Each shall be deemed
an original, but all of which together shall constitute one and
the same instrument. If an organization is the subscriber, the individual
signing up for our services represents that he or she is duly authorized
to enter into this agreement on behalf of that organization. In
the event of a dispute, the parties agree to submit the matter to
the Community Dispute Resolution Service or any recognized Arbitration
Board located within our state and county, before instituting litigation.
J. Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of Peopleworkbest.com.
Accordingly, all Peopleworkbest.com rules, policies, and operating
procedures concerning customer orders and service will apply to
those customers. We may change our policies and operating procedures
at any time. Prices and availability of our products and services
may vary from time to time. peopleworkbest.com policies will always
determine the price paid by the customer.
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© 2005 People Work Best Ltd
9 Gunnery Terrace
Woolwich London SE18 6SW
Email: carolyn@peopleworkbest.com
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