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GovHub Information Services
the owner/operator of NetSceptre.com,
an AFFILIATE PROGRAM AGREEMENT (APA)
Revised 09/09/2009
1.
PURPOSE
This Affiliate Program Agreement (APA) is made by and between GovHub
Information Services, NetSceptre.com, ("us," "we," NetSceptre.com,"
"GovHub Information Services (GIS),("our"), and you
("Affiliate"), collectively referred to herein as the "Parties." The
GovHub Information Services, NetSceptre.com Affiliate Program (NAP) is
intended to generate monetary rewards to the Affiliate based upon the
Affiliate's referral of paying Members to NetSceptre.com. You are not
required to purchase the Economic Stimulus Guide or other
digital product offered on NetSceptre.com to be a Member of
NetSceptre.com to register for the NAP. You can sign-up at
NetSceptre.com. However, upon registration for an NetSceptre membership
account you will automatically be registered in the NetSceptre.com
Affiliate Program unless you are under 18 years of age or not a U.S.
citizen or permanent resident of the United States. The NAP is not
available to anyone under the age of 18 years or to a national or
resident of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or by anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By registering with
NetSceptre.com you are bound by this APA. Further, NetSceptre.com
reserves the right to modify or terminate the NPA at any time with or
without prior notice to Affiliates. You will also be subject to
additional terms and conditions that will apply when you use other
NetSceptre.com referred Resource Services or partners. We may at our
option terminate or modify this Agreement at any time and for any reason
with or without notifying you directly.
2. ROLES AND RESPONSIBILITIES
In order to facilitate Affiliate's Member referrals, NetSceptre.com will
provide Affiliate with digital online promotional materials that may
include, but are not be limited to, signature tags with hyperlinks to
NetSceptre.com on the bottom of outgoing email, text advertisements with
hyperlinks to NetSceptre.com, graphical ads with embedded hyperlinks to
NetSceptre.com, templates for online and/or offline correspondence in
the form of flyers targeted to prospective Members and other materials
to be determined at the sole discretion of GovHub Information Services
(GIS). In addition, GovHub Information Services will monetarily
compensate Affiliate according to the terms set forth in Section 4 of
this Agreement. GovHub Information Services and NetSceptre.com are under
no circumstances, responsible for the practices of any Affiliate,
Advertiser or Publisher or such Affiliate, Advertiser or Publisher's Web
site(s) and/or the content an Affiliate, Advertiser or Publisher makes
available through email or the Internet, and is free of all liability
whatsoever related to said practices, web sites, or content.
3. MEMBER QUALIFICATION
In order for Affiliate to receive commission for referral of a Member to
NetSceptre.com the Member must be a U.S. citizen or permanent resident
and qualified as set forth below. Determination of a Member's
qualification under the conditions set forth below shall be at the sole
discretion of GovHub Information Services, and all decisions pertaining
to the determination of an Member's qualification to be counted toward
Affiliate's referral commissions shall be considered final:
A)
Failure to Collect Member's Funds: In the event that NetSceptre.com
is unable to redeem the Member's payment for ebook or other digital
product purchases made online, due to, but not limited to, failure of
Member's creditor to honor a credit card sales draft, Member shall be
immediately deemed ineligible as a commissionable referral for
Affiliate.
B) Tracking of Affiliate as Referrer: In order for Affiliate to
receive payment of commission for referring any Member, the Member must
be identified as coming by way of Affiliate's Referring Link to
NetSceptre.com. In order to qualify, the Referring Link provided by
Affiliate to the Member must contain the exact URL provided by
NetSceptre.com. We will not be held liable for any errors in the
Referring Link that occur as a result of actions taken by either
Affiliate or the Member, or through errors in NetSceptre.com software or
computer hardware.
4. COMMISSIONS/DISBURSEMENTS
GovHub Information Services, NetSceptre.com will pay Affiliate a
commission for each qualifying Member’s sales as defined in the APA.
Qualified members are those members for whom a paid net sale less any
chargebacks or returns to NetSceptre.com is successfully billed and
processed. Sign-ups for any preliminary trial period membership, whether
free or paid, shall not constitute a qualified member signup unless that
membership has successfully referred a paid ebook or other digital
product sale. In the event that the Member elects to terminate Member's
NetSceptre.com account within the first 30 days, no commission shall be
due or paid to Affiliate. NetSceptre.com will pay Affiliate a one-time,
non-recurring commission per qualifying sale at the following rates:
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Affiliate Member Commission Structure |
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Tier 1 |
$20.00 |
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Tier 2 |
$8.00 |
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Tier 3 |
$6.00 |
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Tier 4 |
$4.00 |
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Tier 5 |
$3.00 |
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Tier 6 |
$2.00 |
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Tier 7 |
$1.00 |
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Tier 8 |
$0.75 |
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Tier 9 |
$0.25 |
Disbursements: Payment will be made when balance owed to Affiliate
reaches a minimum of one hundred US dollars ($100.00 US) by the end of any
calendar month. GovHub Information Services will issue Affiliate
commission payments in the form of a PayPal money transfer or business
check drawn in U.S. funds no later than the twenty-fifth (25th) day of
each calendar month, for any commissions earned up to and including the
prior month. If Affiliate is a US resident or citizen, you will be
required to complete IRS form W9 before total commission in one calendar
year is equal to or greater than $600. You will be notified by email
should it become necessary for you to complete IRS form W9. In the event
that payments due Affiliate in one calendar year exceed $600, no portion
of payments due in excess of $600 shall be paid to Affiliate until such
time as Affiliate has completed and submitted IRS form W9. In the event
that Affiliate fails to provide said form W9, Affiliate forfeits all
payments that may be due, along with any future payments. Website
product prices and Affiliate commissions are subject to change at any
time, at our sole discretion. Any such changes will be posted in the
affiliate member area of the website. Affiliate acknowledges that any
change in our digital information product prices may or may not result
in a change in referral fees earned by Affiliate. Payment or non-payment
of any commission remains at the sole discretion of GovHub Information
Services.
5. AFFILIATE CONDUCT
Affiliate must comply with all relevant law during the term of the APA.
Affiliate may not put all or any part of our Websites in frames under
any circumstances. Affiliate may not mislead others, or engage in
spamming, indiscriminate advertising or unsolicited commercial email or
cybersquatting. Affiliate may not operate a website or link to a website
that contains or promotes any offensive, defamatory, obscene, abusive,
violent, libelous, bigoted, hate-oriented, cracking, hacking or warez,
illegal or unlawful content or activity, or that offers any illegal good
or service. Without limiting any terms of this Agreement, GovHub
Information Services reserves the right to terminate Affiliate's account
and withhold all referral fees due if it finds any kind of unsolicited
email generated by Affiliate or on Affiliate's behalf containing any
reference to any of GovHub’s Information Services, or any connection
that leads the recipient of that mail to the Websites. Posting in
newsgroups, discussion groups, mailing lists, chat rooms or other
similar entities is strictly prohibited and will result in cancellation
of your account and forfeiture of any funds that may be due You. GovHub
Information Services may deem Your promotional activities inappropriate
and a material breach of the APA based upon the foregoing, and/or on
reasonable Internet business standards as they may evolve. If You are in
breach of this Section 5, GovHub Information Services can, at its sole
discretion, provide You with notice and the opportunity to cure, or
GovHub Information Services can terminate your Affiliate account without
compensation.
6. GovHub Information Services
'S PROPRIETARY RIGHTS, TRADEMARKS, AND COPYRIGHTS
You acknowledge and agree that the NAP and any necessary software used
in connection with the NAP ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part. The trademarks, logos, and service marks
displayed on the Site and used in connection with the Services are the
registered and unregistered trademarks and service marks of GovHub
Information Services and NetSceptre.com.
7. INDEMNITY
You agree to indemnify, defend and hold GovHub Information Services,
NetSceptre.com, and its owners, affiliates, advertisers and sponsors,
partners, employees, consultants, agents and other representatives,
harmless from and against any and all claims, damages, losses, costs
(including attorneys' fees) and other expenses that arise directly or
indirectly out of or from your breach of the APA, including any
violation of AFFILIATE CONDUCT (Section 5) or your activities in
connection with the APA.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE APA IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
GovHub Information Services AND ITS AFFILIATES, ADVERTISERS,
SPONSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND ACCURACY. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM
GovHub Information Services OR NETSCEPTRE.COM THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE APA.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER
GovHub Information Services NOR ANY OF OUR OWNERS, AFFILIATES,
ADVERTISERS OR SPONSORS, NOR OUR PARTNERS, EMPLOYEES, CONSULTANTS,
AGENTS OR OTHER REPRESENTATIVES, SHALL BE RESPONSIBLE OR LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
GovHub Information Services
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE PROGRAM (II) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (III) ANY OTHER MATTER
RELATING TO THE PROGRAM.
© 2009 GovHub Information Services and NetSceptre.com - All rights
reserved.
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