This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the PersonalTrainerSelector.com Affiliate Program (the "Program"). As used in this Agreement, "we" means PersonalTrainerSelector.com (owned by Web Geek Enterprises Ltd) and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to PersonalTrainerSelector.com's site, located at the URL PersonalTrainerSelector.com, or to any site that you will link to our site (and which you will identify in your Program application).
Other Definitions
Paid Full Membership Revenue: Refers to any money paid to the site by a full paying member of PersonalTrainerSelector.com for a specific full membership term or renewal term.
Referral: When an Affiliate refers a prospective member to the PersonalTrainerSelector.com through the Unique URL Link of the Affiliate.
Unique URL Link: A specific link that an Affiliate links to from one or more other websites.
Total Membership Sales: The total amount paid for new and renewal Paid Full Membership.
Enrolment in the Program
To begin the enrolment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. We reserve rights to reject or delete any sites without any given reason at any time. This may be done without prejudice or reason.
Unsuitable sites include those that:
• promote discrimination based on race, sex, religion, nationality, disability, sexual
• promote violence
• promote/provide illegal services, activities or products
• violate intellectual property rights
If we reject your application, you are welcome to re-apply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. This may be done without prejudice or reason.
Links on Your Site
Once you have been notified that your site has been accepted into the Program we will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on our site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Commission
PersonalTrainerSelector.com will pay 40% of full membership sale price to the Affiliate for any Referral sent to the PersonalTrainerSelector.com website, through the special link given to the Affiliate, who later becomes a full paying member. No commissions will be paid for free “Limited Use Memberships”. Commission are paid on gross sales, excluding tax where applicable. We do not deduct for our payment processing charges. However payment made to you via paypal will be subject to paypal’s own payment processing fees. We reserve the right to modify the Commission Structure at any time and for any reason, by posting the changes on PersonalTrainerSelector.com's affiliate web site. Your continued link to your affiliate site will be considered as acceptance of these changes. Commissions can go up as well as down.
Payments
We will pay commissions on a monthly basis. Approximately 21 days following the end of each calendar month. You must have accrued at least US$25.00 commission before a payment will be sent. All payments will be made via paypal in US$. Commissions will be paid based on PersonalTrainerSelector.com’s records. If this agreement is terminated for any reason other than infringement of this agreement commissions will be paid to the affiliate even if the commissions due at that time are less than US$25.00. If the commissions due are less than US$10.00 no payment will be made.
Payment Processing
PersonalTrainerSelector.com will be solely responsible for the processing of all subscription payments, refunds and charge-backs. PersonalTrainerSelector.com will also be responsible for remitting commissions to the Affiliate when due.
Credit Card Declined Payments, Refunds, Charge-backs
Any Paid Membership Revenues that are later declined by a member's credit card issuing bank will be deducted from the commissions of the Affiliate. Also, and commission paid for reversed sales, refunds, charge-backs, and their associated processing fees will also be deducted from the Affiliate commissions.
Subscription Pricing
PersonalTrainerSelector.com may change the membership subscription pricing, terms or renewal policy at any time and at the sole discretion of PersonalTrainerSelector.com.
Affiliate Activities & Spamming
PersonalTrainerSelector.com has a zero tolerance policy for spam. Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to, the sending of ANY unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. Affiliates may promote the site to "opt-in" lists ONLY. If you run a newsletter, ezine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. If you spam, we WILL terminate your contract.
Part of the no spam policy means, you may NOT:
• Send any email to any type of mailing list or opt-in list that has been purchased or acquired from an outside individual or party.
• Send any email to any type of manually or automatically harvested list of email addresses, names, or contacts.
• Send any email to any type of "lead" or "prospect" before you have received a request for more information.
• Fax any message to any recipient that has not requested the information first.
• Send inappropriate postings to any newsgroup or forum that violates their anti-spam regulations.
Any Affiliate that engages spamming activities in any way shall have their affiliate contract terminated and could lose any or all affiliate commissions due to them. You also shall be held liable for any and all damages and/or losses that may result as a consequence.
Term of the Agreements
The term of this Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. 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 PersonalTrainerSelector.com graphics, banners, 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 commissions only on sales that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid and no sale reversals of any kind are incurred. Members and affiliates found not in compliance with the membership and affiliates Terms & Conditions will be immediately terminated without notice.
Prohibited Use of Profiles
Affiliates are strictly prohibited and unauthorised to use the individual profiles and information of PersonalTrainerSelector.com users on their referring affiliate site or anywhere else. Doing so violates the privacy policy of the PersonalTrainerSelector.com User Agreement and will result in immediate termination or suspension of your affiliation with PersonalTrainerSelector.com.
PersonalTrainerSelector.com Memberships
Members of PersonalTrainerSelector.com are the customers of the site. The Affiliate has no right to accept or decline any offer on behalf of the PersonalTrainerSelector.com. The site is not responsible for any representations made by the Affiliate, or implied warranty arising from the performance of the Affiliate. If PersonalTrainerSelector.com find (at its sole discretion) that an affiliate has made or implied any guarantee or warrantee then PersonalTrainerSelector.com reserve the right to refund the members subscription payment and claim back from the affiliate the whole of the refund. If the affiliates commission due does not cover this refund then PersonalTrainerSelector reserves the right to claim the due funds in any way it deems appropriate.
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, non infringement, 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.
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.
Modification of 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 commissions, payment schedules, payment procedures, and Program rules. If any modification or change 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.
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 site, the accuracy and appropriateness of materials posted on your site (including, among other things, all product/service/membership-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 libellous or otherwise illegal. 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.
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.
Website Downtime/Service
In no event is the FreeRob.com responsible for any incidental, consequential, exemplary or other damages arising out of or relating to the use of its service, including, without limitation, any interruptions of service, viruses, power outage or communication failures.
Entire Agreement / Severability
The terms and conditions herein contained constitute the entire agreement. If any part of this agreement is deemed invalid under applicable law or regulation, such provision shall be deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of the agreement shall not be invalidated.
Independent 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.
Miscellaneous
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.
Governing Law
This agreement shall be governed to the law of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
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Affiliates » Terms of Service