Each participant in the affiliate
program offered by High Profit Publishing (the Program Operator) for the website(s) listed in the Terms and Conditions on
this site, located at *www.safe2order.com* (the website) expressly agrees to this affiliate agreement.
NOTICE: Please read this
agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate
program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and
conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the
This agreement incorporates the
Program Operator's Terms and Conditions of Use found on the website at *www.safe2order.com * herein as if it were set forth in full.
agreement, affiliate program refers to the affiliate
program operated by the Program Operator in part for the website.
Each affiliate is an independent
contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee
Commissions & Referral
Whenever someone orders through
your affiliate link, your affiliate ID is credited with a referral fee. When another affiliate registers as an affiliate
using your affiliate link, your account is credited as the Sponsoring affiliate. You do not earn a referral fee for any other
affiliate's registration. The commission/referral fee amount varies from product, service or opportunity. The rate at which
your referral fee is generated can be found on the website and is subject to change at any time. If the website is silent as
to the commission rate, then the base rate is 50%.
Before any affiliate may be a sent
a commission check, the affiliate must submit to the Program Operator identification information. Such identification
information shall include, at a minimum, a copy of a government issued, picture, identification card (for example,
a drivers license). These documents shall be faxed to the Program Operator as per the instructions
sent in your "Welcome, affiliate" email. You will not receive any payment of commission/referral fees until such time as you
submit the required documentation to the Program Operator.
Commissions on products and
services are paid at the rates as indicated on the website. The Program Operator strives to pay similar rates on further
products, services, and opportunities, but reserve the right to pay a different scale if necessary.
Each affiliate acts as an
independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other
tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a
resident of the United States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign
nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to the United States Internal
Revenue Service laws (also known as the United States Tax Code) and other applicable laws. It is the affiliate's sole
responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under
the Tax Code and other applicable laws.
Embargoed Nations & Specially
The United States controls the
export of products and information. Each affiliate agrees to comply with such restrictions and to not export or re-export the
materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate,
you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export
is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export,
or re-export of the materials (including software).
Each affiliate is responsible for
compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export
control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having
Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or
Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States
in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is
In compliance with the United
States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed
nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the
Commissions are paid once per
month by payment processor on the 15th day of the month for sales that have passed the guarantee period from the first
through the last day of the previous month, and are paid by the Program Operator.
There is a minimum commission
amount of $1 USD. This is the minimum amount that you must earn before you will be paid commissions. In any commission
period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this
minimum amount will be held until such time as the commission equals or exceeds this amount.
Commissions are not paid for any
sales for which payment has not been received, or for any transaction that has been rejected/refunded during the guarantee
period for any reason.
We are not responsible for paying
interest to affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a
charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. If a
commission has already been paid, then it will be deducted from an active affiliate's future commissions.
All commissions are paid in US
Dollars by check. Affiliates not accepting payment of commissions via check may not participate in the High Profit
Publishing Affiliate Program.
Each affiliate is responsible for
selecting the payment processor, through which to receive their commissions/referral fees, from the payment processors
supported by the Program Operator. If you elect a payment processor through which to receive your commissions and you later
terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not
receiving the money. Each affiliate is responsible for always maintaining the payment processor through which they receive
their commissions/referral fees OR selecting an alternate method of payment supported by the Program Operator. This election
is entirely made by the affiliate and the Program Operator assumes no responsibility for non-receipt of payments made
according to the payment processor elected by the affiliate, or the affiliate's lack of ability to then conform to the
payment processors or processes supported by the Program Operator. The Program Operator assumes no responsibility for an
affiliate not electing a payment processor. If an affiliate fails to elect a payment processor, any sums due will be paid via
check and any fees applicable to payments by check or bank draft will be deducted.
Mixing of Products
As an affiliate of the Program
Operator, your website on which you advertise any products or services of the Program Operator may only include products that
are not capable of being viewed by persons 13 years of age or younger if the Program Operator specifically allows such
products. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of
age or younger if you include any reference whatsoever to the Program Operator, the website, the eBook(s), or your affiliate
Link. On any website on which you include any reference whatsoever to the Program Operator, its products, services, and
eBooks, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will
result in immediate termination of your affiliate status and you shall forfeit any commissions/referral fees that may be due.
In the event that any violation of these requirements results in the suspension or termination of any payment processor for
or the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any
consequential or actual damages that or the Program Operator may incur.
All commissions are calculated
based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the
customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rate
listed on the website is then applied to determine the amount due the affiliate. Any sums paid for payment processor fees are
not commissionable. theProgram Operator may also
charge a per transaction fee for every transaction processed. In the event that a per transaction fee is applied, the amount of the fee can be seen on the website. Any such
fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any
SPAM & Unsolicited Commercial Email
The Program Operator does not
tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to the Program Operator, or
any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of
the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the
Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be
The Program Operator and their
associated companies operate with the strictest codes of professional conduct. Any affiliate who brings the the Program
Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair
business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.
The Program Operator reserves the
right to reject any affiliate application if, in the Program Operator's opinion, that person or entity violates established
laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes
any form of violence, illegal activities, or from applicants who either the Program Operator prefer not to be associated
Affiliate Sales &
After signing up for the affiliate
program, you will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through
this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your
affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based
on the existence of the cookie.
In order to receive proper credit
for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done
by software or by a script, and sometimes referred to as
"affiliate link cloaking") may or may not work with parts of the
Sites. the Program Operator allows masking or cloaking but You must provide a repeatable process
for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
This agreement will begin upon
your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate
status, or if your account is inactive in any continuous twelve month period. An affiliate may terminate this agreement at
any time, and for any reason, by writing to - or emailing - the Program Operator at the email address listed on the website.
The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party
the Program Operator may also
terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the
affiliate's Profile, with 30 days notice. the Program Operator may transfer this agreement to any party
whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if
this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement
shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
Rights to modify
agreement. the Program Operator, and its associated companies may, in good faith, modify any of this
agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole
discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon
posting. The affiliate's continued participation in the affiliate program following the said posting of a change notice or
new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this
agreement is not acceptable to the affiliate, affiliate's only recourse is to terminate this agreement. Upon termination of
this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from
publishing same in any manner whatsoever.
It is understood that any
individual that uses the Program Operator system shall not use it in connection with obscene, defamatory, slanderous,
hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Program
Operator. It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments
due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid (for any
eBook) and any sums payable as and for commissions will be withheld All affiliates further agree to refrain from engaging in
any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held
liable for any loss sustained by the Program Operator, or its associates due to such action.
There is no warranty or guarantee
of any kind with respect to the Program Operator system as far as reliability, stability, quality or dependability. This
means that the Program Operator, or its associates is not responsible for any loss or damage incurred directly or indirectly
due to the use of the Program Operator website or eBook(s), or any other facet of the system. This shall include, but is not
limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service,
Affiliates shall be charged NO FEE
by the Program Operator for setting up an account to join affiliate programs or to join any program.
Electronic Communications &
The Program Operator requires your
primary email address be listed in your affiliate Profile. affiliates will not be able to use the website or participate
in the affiliate program until their email addresses are verified. Those who fail to verify their email address or use an
email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will forfeit any
commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder
as your the Program Operator email address. When you visit the Program Operator or send emails
to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will
communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement that such communications be in
writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you receive from the Program
Operator. As an affiliate, you must continually have a valid email account on file with the Program Operator or we reserve
the right to terminate your participation immediately, without any refund of any license fees paid or payment of any
Unauthorized Charging Or Receipt Of
Payments Through The Sites
No affiliate, or other person or
entity may use the website, or the Program Operator payment processing system, for private transactions. Any revenue
collected through the website or through the the Program Operator payment processing system may become the
sole property of the Program Operator
. Any revenue collected through the the Program Operator payment processing system may become the sole property of the
Program Operator. Specifically, Abundance Group affiliates may not link to the website for processing of products or
services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may
not link to the website for processing of any products beyond what the Program Operator has identified as salable
products for the website and specific affiliate sales. Should any affiliate of the Program Operator or other person or
entity construct links that process orders through the Program Operator payment processing system, the act will be
considered an attack of computing resources with intent to damage the website and therefore treated as a serious
computer crime. Violators will be prosecuted to the fullest extent of the law.
Charging or receiving any payment
for assisting your affiliates. The progress of any affiliate benefits the Program Operator in many ways. If You recruit,
sponsor, or obtain an affiliate through the websites, by any means, You should always be willing to assist such affiliate at
no charge to such affiliate. If you are unwilling to assist such affiliates without charge, your affiliate status with the
Program Operator will be terminated immediately and any commissions due will be withheld permanently as partial compensation
for managing the associated and impacted affiliates.
You will be provided an affiliate
identification number. Your affiliate ID number may be numeric and/or CaSesEnSitIvE. For example, the
code 'learn_more' is different from 'Learn_More'. You are responsible
for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold the Program Operator
harmless in the event that any such information is shared by you with any other person or entity whatsoever.
All affiliates in the affiliate
program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole
discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the affiliate ID of one
affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether
this be intentional or not. affiliates
may not adjust any of the supplied affiliate links to reset cookies or
bypass other safeguards in the system. affiliatesunderstand that engaging in such practices is grounds for immediate termination and forfeiture
of any earned commissions.
The Program Operator will not be
liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures,
commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer
viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or
Nature. the Program Operator makes no claim that the operation of the websites or the Program
Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.
a) If any part of this agreement
or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable
extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing
and signed by the party waiving the provision,and
any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate
may assign or sublicense this agreement without the Program Operator's prior written consent.
b) All legal or other fees
incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an
affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate's customer are not
commissionable, and any fees incurred during processing or handling of sales made by the affiliate will be deducted in whole
from any commissions due to the affiliate. Further, in the event that the commissions due the affiliate are insufficient to
cover any sums, the affiliate agrees to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR
THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR DAMAGES
UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE
PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
d) To the extent you have in any
manner violated or threatened to violate the Program Operators intellectual property rights, the Program Operator may seek injunctive or
other appropriate relief in any state or United States federal court in the State of Missouri, USA and you consent to
exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a
result of this agreement or use of the website and/or the eBook(s) and/or the Software. the Program Operator's performance of
this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the
Program Operator's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall continue in effect.
e) This Agreement shall be
governed and construed in accordance with the laws of the State of Missouri and The United States of America applicable to
agreements made and to be performed in the State of Missouri and in The United States of America. You agree that any legal
action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties'
obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs
and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
f) If it proves impossible to
arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at
the following location: for legal actions or proceedings between the Program Operator and you, in St. Louis North County,
Missouri, USA , under the commercial rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the
right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in
the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to
any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of
g) Any cause of action or claim
you may have with respect to the website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the
claim or cause of action arises or such claim or cause of action is barred. The Program Operator 's failure to insist upon or enforce strict performance of any provision of this
agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this agreement. the Program Operator may assign its rights and duties under this agreement to any
party at any time without notice to you. Use of headings in this document is for convenience only and does not identify
legal boundaries or terms explicitly.
h) The Program Operator may modify
this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This
is the ENTIRE agreement regarding all the matters that have been discussed.
i) The Program Operator may transfer any rights or responsibility that it
may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to
transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other
agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously,
all without permission.
j) Should this affiliate program
be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without
recourse. If the payment processors utilized by the Program Operator determine that sales made through affiliates cannot be
processed through the payment processor, then the Program Operator has the right to immediately terminate this Program,
without recourse. Nothing herein is intended to imply that the Program Operator will always offer any affiliate program, or
this affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that
the Program Operator will offer any affiliate program whatsoever.
Any rights not expressly granted
herein are reserved.
Last updated on November 25,
Copyright 2006 Gina Gaudio-Graves and
licensed for use by High Profit Publishing. All
Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express
written permission of Gina Gaudio-Graves,