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The operating agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the CVServices.net Affiliates Program (the "Program"). As used in this Agreement, "we" means CVServices.net, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to CVServices.net's site, located at the URL www.cvservices.net, or to any site that you will link to our site (and which you will identify in your Program application).
1. Enrolment
Enrolment in the program is automated and all applicants are immediately accepted. CVServices.net retains the right to terminate your involvement in the program at any time and for any reason. Generally, but not exclusively, affiliates will be terminated if they are promoting CVServices.net on a web site that:
- promotes sexually explicit materials
- promotes violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promotes illegal activities
- includes "CVServices" or variations or misspellings thereof in their domain names
- otherwise violate intellectual property rights
2. Links
You may place links on your site using the url given at sign-up. The nature of the link is at your discretion, although CVServices.net recommends either a text link or the use of one of our banners. You may not modify our banners in any way.
3. Order processing
We will process Product orders placed by customers who follow the special links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. We will track sales made to customers who purchase Products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
4. Referral fees
We will pay you 15% referral fees (unless otherwise specifically agreed) on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a special link from your site to our site, and purchase a product in that single session. The session ends when the customer leaves the CVServices.net web site.
Affiliate cheques are paid out monthly to anywhere in the world, but cheques are in British pounds sterling and payable from a British bank. Affiliates that reside outside the United Kingdom may be subject to bank charges from their bank for processing foreign cheques. In the future, CVServices.net may provide cheques in other currencies.
5. Policies and pricing
Customers who buy products through this Program will be deemed to be customers of CVServices.net. Accordingly, all CVServices.net rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices may vary from time to time. You may not include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the price of any particular product.
6. 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
- creating and posting Product descriptions on your site and linking those descriptions to our catalog
- 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
- ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
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.
7. Term of Agreement
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all CVServices.net trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on our sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
CVServices.net does not make any assurances regarding the continuation of the affiliate program. CVServices.net may, at any time, terminate the affiliates program. In the event that CVServices.net terminates the affiliates program, all current affiliates will receive cheques for the outstanding sum owed to them.
8. Modification of the Agreement
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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral 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.
9. Relationship of Parties
You and we 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.
10. 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 this Agreement.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Independant 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.
13. Miscellaneous
This Agreement will be governed by the laws of the England. 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.
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