This Affiliate Agreement ("Agreement") contains the entire understanding between Think Right Now! International, Inc. ("us", "we" and "our"), and you ("partner", "affiliate", "applicant") regarding your application to participate in our Affiliate Program (the "Program") to sell our Think Right Now! Success Conditioning Audio & Software Programs, Instant Inner Power Audio Programs and the book, Today Is Your Day To Win (the "Products"). Upon joining, this will be a legally binding agreement.
We do not accept applications from any applicant operating a Web site that contains offensive, illegal or tasteless material. For clarification, this includes: (i) sexually explicit, obscene or pornographic content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) violence in any form, (iv) content related to liquor, tobacco, guns or firearms, drugs, gambling, crime or death, (v) politically sensitive or controversial issues (e.g., euthanasia, abortion, capital punishment) or other political content (e.g., lobbyists, PAC sites, political campaigns), (vi) any unlawful behavior or conduct, (vii) copyright or trademark violations, or (viii) promotion or use of "spam" or other inappropriate Internet marketing activities.
1. I understand that, upon acceptance of my application, I will be enrolled in the Think Right Now Affiliate Program. I understand that I will earn commissions as follows:
40% of amount paid for each product, before taxes or shipping
I understand that a one-time reserve account in the amount of US $40.00 will be established by deducting that amount from my earned commissions. This reserve is necessary to cover orders for which a commission may be already paid, but the order is subsequently returned and refunded.
I understand that commissions are paid monthly for all completed, approved sales, and that payment is to be made via Paypal on or around the 15th of each month for the previous month’s earnings that equal or exceed US $25.00 in total before applicable taxes and/or shipping charges, and after deduction of the $40.00 reserve account mentioned above. Partners must obtain a free Paypal account to be paid. If you live in a country where Paypal isn’t available, other arrangements can easily be made.
All that is required is that the affiliate partner have an email account and a checking account. This method of payment places funds in partner's bank accounts quickly, with no costs and no chance of payment getting lost in the mail. If you do not have a Paypal account, click here to obtain a free account, so you can be paid.
2. I understand that participation in this program is voluntary.
3. This agreement is purely for giving a commission on sales generated through referrals by a link or banner on an affiliate's web page, newsletter or e-mail. The terms, 'partner' or "affiliate" do not imply any formal association with Think Right Now!, and the partner does not have any right on our products, logos or trademarks.
4. The partner is permitted to represent Think Right Now! by displaying banners and text links on their web site or in emails, referring our products to legitimate customers, using the tools we provide to advertise our products or tools at the disposal of the partner. We want you to advertise our products effectively, but care must be taken to ensure there is no confusion between your organization and ours. You must represent our products in a positive and professional manner.
5. Although we fully intend to keep our current rates, we reserve the right to alter the rate of commission at any time with notice. Any credit accumulating after such change will be at the new rate.
6. We reserve the right to change the product prices. Commissions are paid based on prices at the time of purchase.
7. The commission will be credited only when the payment for the sale is cleared. If the customer requests a refund at a later time, or a charge back occurs, the original commission credited will be deducted from your future commissions.
8. Commissions are tracked with "cookies" that are placed on the referred visitor's computer that never expire. Any time a referred visitor buys after having a cookie placed on their computer (upon clicking through affiliate's link), commissions will accrue. Once an initial purchase has been credited to your affiliate account, we take every precaution to ensure future sales from that customer are credited to your account as well, including phone and fax orders.
9. Accumulated commissions equal to or exceeding US $25.00 (after deduction of the one-time $40.00 reserve account mentioned in #1 above) will be paid monthly. Accumulated commissions under $25.00 will be held in the Partner’s account and will be paid when the earned commission due is at least $25.00, or when this agreement is terminated, whichever is earlier. Payments will be made through Paypal in US dollars. We will not be responsible for a Partner’s failure to retrieve funds from Paypal or a loss of amount due to exchange rates.
10. If a check is ever used for payment, we will not accept responsibility for clearing the check at your financial institution. It is your responsibility to arrange a manner to cash your check. It will be drawn from a US bank in US funds. If your bank does not accept US checks, you must make another arrangement to cash your check. We cannot provide any assistance in this regard.
11. We reserve the right to evaluate your site and terminate individual agreements after notification through E-mail. In such situations, our sole responsibility ends at issuing a check corresponding to the outstanding amount in your account. No explanation for the termination will necessarily be given. Except when terminated for cause, your existing commissions will be due to you at termination.
Please understand that we intend to keep this agreement alive indefinitely, but that we must have this option to terminate individual accounts that are not positively benefiting Think Right Now!'s products or image as a company. If you are legitimately promoting Think Right Now! and doing so in a professional manner, there should be no problems.
12. Any tax liability on the amount of commission received will be the partner's responsibility. You are not employed by us, nor are you entitled to any benefits normally found in an employer/employee relationship. Nothing in this contract suggests or provides any form of legal or tax partnership, agency or franchise arrangement. You are required to claim the commissioned earned from us on your tax return.
13. You must not use any unsolicited bulk email (SPAM) or off topic newsgroup posts to promote Think Right Now! in any way.
14. We will periodically send out e-mails and newsletters addressing ideas for increasing sales and other issues. You agree to receive this information and use it at your discretion.
15. You understand that you use this service at your own risk. You agree not to hold Think Right Now! responsible for the success or failure of any of your marketing efforts. You understand that Think Right Now! tracking links and order forms are just as susceptible to down time as any website on the Internet. Think Right Now! is not responsible for lost revenue due to system outages or other problems.
16. Think Right Now! policies apply to all orders. Every customer who buys a product through this program is deemed to be a customer of Think Right Now!. The Partner does not have the authority to make or accept any offer on behalf of Think Right Now!. All Think Right Now! policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Think Right Now! is not responsible for any representations made by the Partner that contradict our policies.
17. This agreement shall be governed by the laws of the State of New York and the United States.