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This Affiliate Program Agreement ("This Agreement"), which contains the complete terms and conditions of the Affiliate Program ("This Program"),
is made by and agreed between Home-Gym-Exercise-Equipment.com, hereafter referred to as "The Merchant", and the individual or entity applying for participation in This Program,
hereafter referred to as "You". As used in This Agreement, "us" and "we" shall refer to The Merchant, while "your" shall refer to You. Furthermore,
"site" shall mean a Universal Resource Location (URL) situated on the World Wide Web (WWW). By entering This Agreement, You acknowledge, agree to, and will abide by all the Terms and Conditions set forth hereafter:
Section 1. Process of Enrollment
To be considered a possible candidate for The Program, You must first complete the Affiliate Application ("The Application") on our site (http://www.home-gym-exercise-equipment.com/affiliate.asp)
in its entirety and submit it to us. Completion and submission of The Application does not in any manner suggest nor guarantee participation in This Program.
Once we have received your application and it is completed to our satisfaction, we will, in good faith, evaluate your application and notify you of your acceptance or rejection into This Program.
We will evaluate your application based solely on the criteria we set forth, which includes but is not limited to the following criteria:
- Suitability of your site and its content (i.e. it promotes the beliefs and values of us and our customers; the beliefs and values will be defined solely by us and will not be enumerated in This Agreement)
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Business potential of your site (i.e. our prediction of the number of referrals we will get from your site; the prediction will be done by us based on our understanding of the market)
We reserve the right to accept or reject your application based on the above mentioned criteria or any other criteria that we have not in included in This Agreement.
If your application is rejected, you may reapply for consideration into our program at a later time.
Section 2. Relationship between The Merchant and You
In This Agreement, You agree that You are an affiliate of us and that the extent of our relationship is limited to that of independent contractors.
As an affiliate of us, we grant you nonexclusive and revocable right to our graphic and text that will be provided to you by us in accordance to the terms in This Agreement.
You acknowledge and agree that we reserve all rights to our graphics and texts and that you lay no claims to our intellectual properties.
Furthermore, You shall not in any way speak on behalf of us nor shall you represent us in any manner out side of that which is stated and agreed upon in This Agreement.
As independent contractors, we are neither responsible nor liable for the consequences of your daily business activities and actions.
Section 3. Links to our site
Upon expressed, written acceptance of you into The Program, you may establish home page links on your site using any of the graphics (including our logo, buttons, and product pictures) found on our site.
Alternatively, you may use the banners shown here and copy and paste the appropriate tags, as shown.
From time to time, at our discretion, we may modify the graphic images or texts provided to you and you agree to accept the modified images as replacements for the graphic images already on your site.
Section 4. Pay Schedule
As an Affiliate, Home-Gym-Exercise-Equipment.com will pay you a fee of six percent (6%) of Net Revenue generated from affiliate-driven visitors.
No affiliate fee shall be payable if an affiliate-driven visitor leaves Home-Gym-Exercise-Equipment.com without making a purchase and later returns to the Home-Gym-Exercise-Equipment.com store to make a purchase via any method other than through the assigned affiliate link on your site.
Additionally, no affiliate fee shall be payable if an affiliate-driven order was found to be "bogus". "Bogus" orders include, but are not limited to, orders that are not processed or not shipped for reasons such as invalid credit card information, international orders, fraudulent information and, canceled and unfilled orders.
Affiliate fees are tallied at the end of each calendar month and are payable within 30 days following the respective calendar month with the exception of affiliate fees totaling less than $50.00 per month.
In cases where monthly affiliate fees total less than $50.00, the amount is carried over to subsequent months until the outstanding affiliate fee totals $50.00 or greater.
Section 5. Your Responsibility
You will be solely responsible for the development, execution, and maintenance of your site including but not limited to technical, material, and any other aspects related to your site.
Furthermore, You will be responsible for maintaining our links on your site including proper display of graphics and texts and proper execution of links.
In addition, you indemnify and hold us harmless from all claims, damages, and expenses relating to the development, execution, and maintenance of your site.
Section 6. Limitation of Liability
You acknowledge and agree that we are not liable for any damages direct, indirect, special, consequential, or otherwise arising in connection with participation in The Program as stipulated in This Agreement.
Furthermore, the extent of our aggregate liability will not exceed the total referral fees paid or payable to you by us.
Section 7. Disclaimers
We make no guarantees of any kind, express or implied, with respects to This Program, our site, and our products.
In addition, we do not imply nor state in any manner that our site will operate without errors or interruptions.
In the event that errors or interruptions occur, You will not hold us responsible for any damages or expenses or any other consequences resulting therein.
Section 8. Amendment to This Agreement
We reserve the right to make changes to This Agreement, either wholly or to any of the terms and conditions contained within it.
Changes may include but is not limited to pay schedules, evaluation criteria, or any other changes that we deem necessary.
You may terminate without any discourse if You do not agree to the modifications made to This Agreement.
However, your continued participation in The Program will mean the acceptance of the modified agreement including all modified terms and conditions.
Section 9. Termination of This Agreement
At any time during the course of our relationship with you, at our discretion, we may deem it necessary to terminate This Agreement and end your participation in The Program.
You acknowledge and accept that we have the right to terminate This Agreement at any time.
Likewise, we acknowledge that you have the right to terminate The Program at your discretion.
Upon termination of The Program, you agree to return all graphics, texts, and links to us
(i.e. you will remove all materials that we have provided to you in the course of your participation in The Program from your site and all other entities related to or associated with you that contain our graphics, links, and texts).
Section 10. Authority to Act
By submitting an application to become an affiliate, you acknowledge that you have read This Agreement in its entirety and fully understand all terms and conditions implied or established by This Agreement.
Furthermore, You acknowledge that the terms and conditions set forth in This Agreement are binding and will come into affect upon your acceptance into The Program and will cease upon your termination from The Program.
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Virtual Adventure For Cyclists, Travelers and Fitness Enthusiasts. Watch the approaching on-screen DVD scenery as it energize you with realistic motion for spinning, treadmill or aerobic exercise to keep you motivated through out your work-out!
Bike-O-Vision
Virtual Tours
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