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This Affiliate Agreement ("the Agreement") is made between
Global Nexchange Solutions, an Illinois corporation, and you, as our
Affiliate.
1. ACCEPTANCE. You agree to keep the terms and conditions outlined in
this agreement. By clicking on the "I accept" button on our Affiliate
Sign-Up page you indicate your acceptance of this Agreement. If you do not
accept this agreement, you are not authorized to be a Affiliate, and may not use
our links, graphics, and utilities on your website.
2. SIMPLE STATEMENT OF RELATIONSHIP.
Global Nexchange Solutions enters
into a relationship with you as a Affiliate, to reward you with a commission
each time someone makes a purchase of our services according
to the provisions in this Agreement. You and Global Nexchange Solutions 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.
3. PAY-PER-SALE. Our Affiliate Program pays the Affiliate only when an
actual and complete sale results from the referral of the affiliate.
4. PAYMENT RATE. The payment per sale is currently
30% of the sales amount (not including any taxes and fees not a part of normal
course of business). The payment rates can be changed or discontinued at any time with
notification as provided herein.
5. PAYMENTS. Affiliates are not eligible to earn commissions on their
original purchase of any of our services. Payments will be
made via PayPal or within 7 business days of receipt of complete payment
for our services from the referred customer of the affiliate.
6. CHANGES TO THE PROGRAM. Global
Nexchange Solutions reserves the right
to change, modify, add, or remove portions of this Agreement at any time, and
may add to, change, suspend or discontinue any aspect of its Affiliate Program
at any time. In such case Global Nexchange Solutions will notify Affiliates of
such changes either via e-mail or by posting in the Affiliate Area of our
website, at which time you may either agree to such changes or withdraw from the
Affiliate Program.
7. REGISTRATION. To sign up as an Affiliate you must be at least 18
(eighteen) years of age.
8. TERMINATION. GLOBAL NEXCHANGE SOLUTIONS
RESERVES THE RIGHT TO DEEM
ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A AFFILIATE. THE FOLLOWING
TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES
THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED.
SITES THAT PROMOTE ILLEGAL ACTIVITY.
9. LIMITATION OF LIABILITY. IN NO EVENT WILL
GLOBAL NEXCHANGE SOLUTIONS BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF THE AFFILIATE
PROGRAM.
10. SEVERABILITY. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
11 OWNERSHIP AND LICENSES. Global
Nexchange Solutions grants a
non-exclusive, limited, revocable right to the Affiliate to use our trademarks and banners. All images, programs, HTML code, and content
provided by Global Nexchange Solutions shall remain the sole property of Global
Nexchange Solutions, and no part shall be deemed assigned or licensed to the
Affiliate except as explicitly provided for in this document. All intellectual
property rights, including trademarks, copyrights, tradenames, and service marks
shall remain the sole property of Global Nexchange Solutions, including rights in
and to any derivatives of them. The Affiliate may not modify the trademarks,
banners, the content and provided images in any
way.
12. TERM AND TERMINATION. This agreement shall remain in effect until
terminated. The Agreement may be terminated by Global Nexchange Solutions or the
Affiliate for any reason upon thirty (30) days prior e-mail or written notice,
or immediately upon notice of any breach of the provisions of this Agreement.
13. FORCE MAJEURE. Global Nexchange
Solutions
shall not be liable under this Agreement by reason of any failure or delay in
performance of its obligations in this Agreement on account of strikes,
shortages, riots, insurrection, fires, flood, storm, explosions, acts of God,
war, governmental action, labor conditions, earthquakes, or any other cause
which is beyond the reasonable control of Global Nexchange Solutions.
14. JURISDICTION. This Agreement shall
be governed by the Illinois Law.
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