The MLM Success Tips Associates Program Operating Agreement


MLM Success Tips Associate Referral Program



MLM Success Tips Associate
Program Operating Agreement:

This agreement describes the entire terms and conditions for participation in The MLM Success Tips Associates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to The MLM Success Tips Web Site. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to JEM Direct, Inc. and the term "course" refers to: 1. The information product "MLM Sponsoring Secrets: How to Make People Stand in Line and Beg to Join Your Network!"; 2. The software program; and 3. All the special bonus items we include.

You can add or remove links at any time: You may add as many links to The MLM Success Tips Web Site, or remove such links, at anytime and without prior approval from JEM Direct, Inc.

Referral Fee Qualifying Courses: Courses sold by JEM Direct, Inc. originating from a special link at your sponsoring website qualify to earn you referral fees. The following courses will be considered "qualifying courses":

  • Courses that meet the following criteria:
    1. Courses sold to customers who follow a special link from your sponsoring website to our site and submit that order by using the JEM Direct, Inc. order forms, 800#, or mailing address.
    2. Courses sold to customers who follow a special link from your directly referred Sub-Associate's website to our site and submit that order by using the JEM Direct, Inc. order forms, 800#, or mailing address.

 

  • The following courses will not be considered qualifying courses for referral fees:
    1. Courses sold through any other special link to our site other than the specific URL that you are assigned to your sponsoring website.

Referral Fee Amount: The purchase price of referral fee qualifying courses will count toward the total sales during the calendar month in which such courses are sold. Only qualifying courses that are sold by JEM Direct, Inc., shipped to a customer and for which JEM Direct, Inc. has received full payment will qualify for a referral fee.

The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule:

 

$15.00 referral fee for online, mail in orders, or 800# orders

For example, suppose you sell 35 courses during a 30-day month at $47.00 per course. That's $1,645 in sales, for which your referral fee will be: $525.00.

29 orders online  =   $435.00
1 orders by mail  =   $ 15.00
5 orders by 800#  =   $ 75.00
                     --------
            total =   $525.00

 

$5.00 referral fee for online, mail in orders, or 800# orders
of your directly referred Sub-Associates.

For example, suppose you have 20 Sub-Associates who each sell 12 courses during a 30-day month at $47.00 per course. That's $11,280 in sales, for which your Sub-Associate referral fee will be: $1,200.

Directly Referred Sub-Associates  =    20
12 orders for each Sub-Associate  =    12
				     -----
Total Sub-Associate orders        =   240
$5 per Sub-Associate sales        =    $5
				     -----
Total Sub-Associate Referral Fee  = $1,200

Your total referral fee check would be a total of your referral sales plus your Sub-Associates sales. In this example, your check for this 30-day month is $1,725

Your Referral Fee Commissions         =    $525
Your Sub-Associate Referral Fees      =  $1,200
				        --------
Total Referral Fee Commissions Earned =  $1,725

Referral Fee Payment: JEM Direct, Inc. will send a referral fee check for the applicable referral fee approximately 5 days after the first of each calendar month. A minimum amount of $20 must be earned before a referral fee check will be mailed. All referral fees earned but not paid will be carried forward and applied to the next month and paid once the minimum referral check amount of $20 is met.

A statement of customer purchase activity to the Participant will be sent each quarter of the calendar year.

Returns and Cancellations: If a referral fee qualifying course is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.

Order Processing: JEM Direct, Inc. will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use JEM Direct, Inc.'s secure online ordering process, JEM Direct, Inc.'s 800 phone line, or JEM Direct, Inc.'s mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of JEM Direct, Inc.

All of the rules, operating procedures and policies of JEM Direct, Inc. regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. JEM Direct, Inc. reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Tracking of Sales: JEM Direct, Inc. will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of course sales activity will be provided to the Participant in realtime with a special URL that they are assigned.

Sub-Associates: You may introduce other people and website owners to this Associate Program using your unique Sub-Associate link provided to you upon your acceptance into this Associate Program. You can then receive a Sub-Associate commission (indicated under Referral Fee Amount) from all sales of any Sub-Associate you directly refer to the MLM Success Tips website.

Promotional Techniques: You are free to promote the link to MLM Success Tips in all the ways we recommend (you will have access to our marketing materials after you sign up). Examples of acceptable ways to promote the course is: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any sales generated for the month that you were terminated in will NOT be paid and will be property of JEM Direct, Inc.

Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. JEM Direct, Inc. will not be responsible if you use another party's copyrighted material in violation of the law.

JEM Direct, Inc.'s policy applies to all orders: Every customer who buys a course through this program is deemed to be a customer of JEM Direct, Inc. The Participant does not have the authority to make or accept any offer on behalf of JEM Direct, Inc. All JEM Direct, Inc.'s policies regarding customer orders, including course availability, pricing and problem resolution, will apply to these customers. JEM Direct, Inc. is not responsible for any representations made by the Participant which contradict our policies.

Course prices and availability: The price charged for every course sold under this program will be determined by JEM Direct, Inc. according to our own pricing policies. In the case of any price discrepancies, the price charged to the customer will always be the price listed on The MLM Success Tips web page linked from your sponsoring website.

Course availability can change, and JEM Direct, Inc. will present the best information available to all sponsoring sites and its clients regarding course availability.

Website service interruption: JEM Direct, Inc. will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold JEM Direct, Inc. liable for any of the consequences of such interruptions.

Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by JEM Direct, Inc., and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the courses are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The agreement may be modified: JEM Direct, Inc. reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of this agreement: Either JEM Direct, Inc. or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Stuff only lawyers can understand (but it's part of the agreement):

Warranty Disclaimer:

JEM Direct, Inc. makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in JEM Direct, Inc.'s then current course sales policies, any courses sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: JEM Direct, Inc. shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if JEM Direct, Inc. has been advised of the possibility of such damages. Further, JEM Direct, Inc.'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by JEM Direct, Inc. to Participant under this agreement.

Miscellaneous: Participant and JEM Direct, Inc. are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of JEM Direct, Inc. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law: This agreement shall be governed by the laws of the United States without reference to its choice of law principles.

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