Affiliate Agreement

 

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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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Copyright © 2004 Global Nexchange Solutions
Last modified: 07/27/2005