Affiliate Agreement This agreement describes the entire terms and conditions for participation in the Plug-In Profit Toolbox Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Ron Hutton, owner of the Plug-In Profit Toolbox. Commissions You will receive a commission at the rate of $10 per month for every Plug-In Profit Toolbox member that you directly refer (1st tier). You will also receive a commission at the rate of $10 per month for every Plug-In Profit Toolbox member that your sub-affiliates refer (2nd tier) For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the membership ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. Payment Minimum check amount is $30.00. Payment will be made by PayPal ONLY. Commissions are paid for active Plug-In Profit Toolbox members in good standing referred directly by you or your sub-affiliates. Commissions are accrued immediately, but will be paid the month following after membership sign-up. All payments are sent on or around the 15th of the month for the previous months sales. All commissions are subject to customer payment. Order Fulfillment Plug-In Profit Toolbox owner, Ron Hutton, will be solely responsible for processing every membership order placed by a customer through an Affiliate referral. You are not authorized to sell Plug-In Profit Toolbox memberships from your site as a "reseller" and no "resale" rights are granted in ANY way to Plug-In Profit Toolbox memberships. Customers Customers who purchase memberships through the Plug-In Profit Toolbox will be deemed to be customers of Ron Hutton and Plug-In Profit Toolbox. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of Plug-In Profit Toolbox membership may vary from time to time. Plug-In Profit Toolbox policies will always determine the price paid by the customer. Qualification for Commissions Customers referred by Affiliates must be done so by using an active Affiliate link in order to qualify for commissions. Qualifying Sites Ron Hutton reserves the right not to accept any site into the Plug-In Profit Toolbox Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which: Promote sexually explicit materials Promote violence Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promote illegal activities Violate intellectual property rights Unsolicited Commercial Email or SPAM Plug-In Profit Toolbox in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Plug-In Profit Toolbox Affiliate Program, with no refund. Bottom line: If you spam you're out! 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 this statement. Term and Termination The term of this Agreement will begin when you accept and will end when terminated by either party. Either Ron Hutton or you 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, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Plug-In Profit Toolbox, and all Plug-In Profit Toolbox trademarks and logos, other Plug-In Profit Toolbox Marks and all other materials provided in connection with this Agreement. We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that: Promote sexually explicit materials Promote violence Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promote illegal activities, or Infringe or otherwise violate any copyright, trademark, or other intellectual property rights. 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 commissions paid or payable to you under to this Agreement. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Disputes If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Ormond Beach, Florida, U.S.A. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Ormond Beach, Florida, U.S.A., under the 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. Mediation will be shared equally by each of us. Assignment 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 enforceable against the parties and their respective successors and assigns. Miscellaneous 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. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. Return to Top of Page Copyright © 2004, Ron Hutton, Breakaway Marketing Inc. All Rights Reserved Worldwide.