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Please
read the agreement document below
before registering. This is an agreement
between You and Lawrence Crane Enterprises,
Inc (The Company), owner of the
Release Technique, Abundance Course
and the releasetechnique.com website
and products.
- Term
of the Agreements: The term
of this Agreement will begin upon
our acceptance of your Affiliate
application and will end when terminated
by either party. Either you or we
may terminate this Agreement at
any time, with or without cause,
by giving the other party written
notice of termination. You are only
eligible to earn referral fees on
sales occurring during the term.
- Modification:
We may modify any of the terms and
conditions contained in this Agreement,
at any time and in our sole discretion,
by posting a change notice or a
new agreement on this site. Modifications
may include, for example, changes
in the scope of available referral
fees, fee schedules, payment procedures
and Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN
THE PROGRAM FOLLOWING OUR POSTING
OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
- Limitation
of Liability: We will not be
liable for indirect, special or
consequential damages, or any loss
of revenue, profits or data, arising
in connection with this Agreement
or the Program, even if we have
been advised of the possibility
of such damages. Further, our aggregate
liability arising with respect to
this Agreement and the Program will
not exceed the total referral fees
paid or payable to you under to
this Agreement.
- Independent
Investigation: YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE MAY AT ANY
TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED
IN THIS AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE
WITH YOUR WEB SITE. 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.
-
Miscellaneous: This Agreement
will be governed by the laws of
the United States and the State
of California, 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 Los Angeles,
California, 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.
Linking
We will provide you with links,
including URL addresses and appropriate
graphics (the Link Materials), with
which you may link your Web site to
our Web site (www.releasetechnique.com
or such other Web site(s) as we may
establish from time to time). If you
are an approved Affiliate, we grant
You a non-exclusive limited license
solely to reproduce and use these
Link Materials, including our trademarks
to the extent they are incorporated
into these Link Materials, only while
you are an Affiliate and only in accordance
with the terms and conditions of this
Agreement.
You
agree to display the Link Materials
appropriately on your Web site and
to respect our trademarks, service
marks, and other rights in the Link
Materials. You will use only these
Link Materials to link your Web site
to ours, and You will not alter the
look or feel of these Link Materials
or of our Web site in any way. You
will use reasonable efforts to update
to new versions of Link Materials
as we make them available.
Referral
Commissions and Payments Procedures
The
amount of referral commissions due
to affiliates will be as follows:
- For
a sale which we make as a result
of a direct referral by an affiliate,
that affiliate will receive a commission
fee (currently 17% of the selling
price of the product sold). This
is known as a first-tier referral
commission.
- For
such a sale as described in the
previous paragraph, if the affiliate
who made the direct referral is
a sub-affiliate of another affiliate,
the second affiliate will be eligible
for a commission fee (currently
6% of the selling price of the product
sold). This is known as a second-tier
referral commission.
- Referral
fees will be paid for sales from
the releasetechnique.com website
while the tracking cookie (see Tracking
of Sales below) is active. Tracking
cookies are set to be active for
90 days. Products that are not sold
on the site are not eligible for
referral fees. This includes but
is not limited to live classes and
teleclasses.
A
commission will only be credited to
an affiliate after the customer has
made full payment to company. If a
customer later requests a refund or
a chargeback is issued by the credit
card holder whose credit card was
used to pay for that customer's account,
any commissions that were credited
to both first tier and second tier
affiliates will be deducted from the
next monthly payment. If there is
no next monthly payment, the affiliate
will be billed and hereby agrees to
be bound by law to reimburse Company
in full for any such commissions.
Payments
will be issued via check only, made
payable to the affiliate in the name
the affiliate submits in his or her
online registration, and mailed to
the mailing address provided by the
affiliate.
The
Company reserves the right to change
the terms of the above stated referral
commissions and payment procedures
at any time. Any such change will
take immediate effect and will be
binding on all affiliates regardless
of when the affiliate first joined
the program.
As
an independent contractor, you will
be solely and entirely responsible
for any and all taxes and/or other
fees or obligations associated with
the receipt of your payment under
this Agreement. If you are a resident
of the USA, when your affiliate commissions
approach $600, you will be asked for
your SSN/EIN number so that we can
comply with US tax reporting laws.
Terms
Lawrence Crane Enterprises, Inc
(The Company) will pay Affiliate thirty
days (30) after the end of each calendar
month for all commissions earned during
the prior month, less any taxes we
may be required to withhold, and less
any amount The Company determines,
in its sole discretion, was not validly
earned from proper use of the link
on affiliate's web site. If commissions
earned during any calendar month are
less than $25, then The Company may
hold those commissions until the month
in which the total amount due is at
least $25 or (if earlier) until this
Agreement is terminated.
Tracking
of Sales
The Company will be solely responsible
for tracking sales using special software
that communicates with the specially
encoded URLs assigned to affiliates.
The Company will endeavor to do its
best to ensure accurate tracking of
referrals made by affiliates. Affiliates
will themselves be solely responsible
for ensuring that these special URLs
are formatted properly, a necessary
prerequisite to accurate tracking
of referral sales.
For
a Product sale to be eligible to earn
a referral fee, the customer must
follow a Special Link from your site
to our site, select and purchase the
Product using our automated ordering
system, and remit full payment to
us. We will pay referral fees on any
Products after the customer has re-entered
our site through the use of a cookie
placed on the end user computer. If,
through no fault of ours, the cookie
is removed or not allowed by the end
user, that customer's purchase may
be tracked only if customer enters
our site directly through a link from
your site. The cookie may expire at
the end of 90 days or a time period
determined solely by The Company.
As
such, affiliates will not hold Company
liable to compensate for any claimed
commissions that were not tracked
and recorded by the tracking software.
Responsibility
for Your Site
You will be solely responsible
for the development, operation, and
maintenance of your site and for all
materials that appear on your site.
For example, you will be solely responsible
for:
- The
technical operation of your site
and all related equipment.
- The
accuracy and appropriateness of
materials posted on your site (including,
among other things, all product-related
materials).
- Ensuring
that materials posted on your site
do not violate or infringe upon
the rights of any third party (including,
for example, copyrights, trademarks,
privacy, or other personal or proprietary
rights).
- Ensuring
that materials posted on your site
are not libelous or otherwise illegal.
We disclaim all liability for these
matters. Further, you will indemnify
and hold us harmless from all claims,
damages, and expenses (including,
without limitation, attorneys' fees)
relating to the development, operation,
maintenance, and contents of your
site.
Our
Responsibilities
We will be responsible for providing
all information necessary to allow
you to make appropriate Links from
Your Site to Our Site. We will be
solely responsible for processing
every application for the Abundance
Course and other materials sold on
the our website placed by a customer
following a Link from Your Site, for
tracking the number and amount of
sales generated by the Link from Your
Site, and for providing information
to you regarding sales statistics.
Also, we will be responsible for credit
card authorizations, payment processing,
cancellations, returns, and related
customer service for the Abundance
Course, it being understood that such
activities shall be for our account.
Relationship
of Parties
You and The Company 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
Article.
Reports
of Sales
You will be given a password and have
the ability to enter a password-protected
site to receive your sales statistics
on a daily basis.
Enrollment
in the Program
To begin the enrollment process, you
will submit an application via our
site. We will evaluate your application
in good faith and will notify you
of your acceptance or rejection. We
may reject your application if we
determine (at our sole discretion)
that your site is unsuitable for the
Program.
Your
site should:
- Generate
sufficient traffic to our websites
- Attract
a customer base who may be interested
in abundance and self improvement
products
- Not
promote sexually inappropriate materials
- Not
promote violence
- Not
promote discrimination based on
race, sex, religion, nationality,
disability, sexual orientation,
or age
- Not
promote illegal activities
- Not
violate the intellectual property
rights of The Company
If we reject your application, you
are welcome to reapply to the Program
at any time. You should also note
that if we accept your application
and your site is thereafter determined
(at our sole discretion) to be unsuitable
for the Program, we may terminate
this Agreement.
I
accept these terms and wish to register.
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