This Agreement contains the terms and conditions that apply
to a Member in our Referrer Magic
Program (the "Member Program"). As used in this
agreement, "we"/"our/"us", means
"our company" and "you"/"your"
means the "member/applicant", "site"
refers to a World Wide Web site.
APPLICATION
To begin the enrollment process, you will submit a complete
Member Application Form. We will evaluate your application
in good faith and will notify you of your acceptance or
rejection, usually within 24 hours. (You can re-apply at
any time).
We may reject your application if we determine, in our
sole discretion, that your site is unsuitable for the Affiliate
program.
Unsuitable sites include, for example, 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 violate intellectual property
rights
- or, from applicants who we prefer not to be associated
with
We grant you a non-exclusive, revocable right to use our
present banners and other such images for which we grant
express permission, for the purpose of identifying your
site as an Member Program participant and linking to our
site. You may not modify the banners or any of our images
in any way without our express permission.
We reserve all of our rights to our trade names and trademarks
and all other intellectual property rights.
SPAM (unsolicited email)
We will not tolerate the sending of unsolicited bulk emails
which promote, or make reference to us, or any of its associated
companies, partners, or employees. Other prohibited forms
of advertising include postings to non-commercial newsgroups
and cross-posting to multiple newsgroups at once. In addition,
affiliates may not advertise in any way that effectively
conceals or misrepresents their identity, their domain name,
or their return email address.
Any affiliate who, in our opinion, breaches this ruling
will have their Affiliate status cancelled immediately and
any and all outstanding commissions WILL BE FORFEITED.
Members are monitored to ensure ethical online behaviour
on an ongoing basis.
Stay Safe, Don't SPAM.
UNPROFESSIONAL CONDUCT
Trade Risk Management is not responsible for its Referrer
Magic members actions.
Trade Risk Managementand our associated companies operate
with the strictest codes of professional conduct. Any Member
who brings us or its associates into disrepute, or who promotes
any form of slander, racism, or unfair business practices,
will have their Referrer Magic
member status cancelled and any outstanding commissions
WILL BE FORFEITED.
We reserve the right to reject any Member application if
in our opinion, that person or company violates established
laws or commonly held standards of decency. A Member, who
ignores warnings to cease and desist any activities we deem
negligent, inappropriate, or harmful, will be terminated.
ORDER PROCESSING
We will be solely responsible for processing every order
for our products. Customers will use our secure online ordering
process. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are our responsibility.
All of our rules, operating procedures and policies regarding
customer orders and accounts will apply to orders we receive
through special links on your site. We reserve the right
to reject any order that does not comply with our rules,
operating procedures and policies.
Every customer who buys a product through this Member program
is deemed to be a customer of ours. You do not have the
authority to make or accept any offer on our behalf. All
our policies regarding customer orders, including product
availability, pricing, and problem resolution, will apply
to these customers. We are not responsible for any representations
made by you which contradict our policies. (See "Policies/Contact"
link at bottom).
TRACKING OF SALES
We will be solely responsible for tracking sales we make
to customers who follow links from your website. We use
third party Interneka Affiliate Software. Cookies placed
on the customers computer will be valid for 6 months.
Statements of your sales activity will be available to
you in "real-time" with a special URL that we
assign to you, accessible 24 hours per day and 7 days per
week. You may access these stats via a password and username
we assign. Only two entities may access your stats and affiliate
information. That would be you, and us.
AFFILIATE LINKS
We will provide you with a unique identifying URL for you
to link to. Each sale or referral that is generated from
this URL will be attributed to you. You will have access
to your own private section to check your stats in Real
Time. Your links to the unique URL can be text links or
banner links, or a combination of the two, at your sole
discretion. If you choose banner links, you must use our
banners. We will provide you with an URL of all our banners,
from which you can freely choose. You may add as many links
to our website, or remove such links, at anytime and without
prior approval from us.
We will provide you with instructions on how to properly
format the links. You are responsible for ensuring the links
are formatted correctly. This will ensure accurate tracking
of sales for credit to your account. Every effort will be
made to ensure that our site is functional and available
for customers referred to our site through your "Member
link".
We have NO responsibilities with regard to your site. We
will 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 Member
Program. In addition, our aggregate liability arising under
or with respect to this agreement or the Referrer
Magic Program shall in no event exceed total
referral fees paid or payable to the Member under this agreement.
PRIVACY
Trade Risk Management respects the privacy of all members
and will not sell, trade, or give away any personal information
submitted.
TERM OF THE AGREEMENT
The term of this agreement will begin upon our acceptance
of your Referrer Magic Member
Program application and your placement of our banner or
textual link on your site and will end when terminated by
either party.
Trade Risk Management may terminate any member at any time
as we feel necessary. Necessary termination includes:
- Abuse of the member system.
- The member is registered more than once.
- The member sends unsolicited email (SPAM).
- The member posts advertisements in newsgroups or forums
that do not allow such advertisements.
- Anything else that is considered to be unprofessional
or inappropriate behavior.
- A terminated account will erase all sales and commissions
that the member has been credited.
Trade Risk Management will also pursue legal action for
any damages or loss of money due to your actions. "I
didn't know" is not a valid excuse.
A Referrer Magic Member will
be notified of termination via email
A member may terminate this agreement at any time, by giving
Trade Risk Management written notice of termination. This
will be in the form of email.
You can only earn referral fees on sales occurring during
the term. We will never withhold any payment due.
Upon termination of this agreement, the former Member must
remove all affiliate links and graphics from its web site,
and refrain from publishing same in any manner whatsoever.
PAYMENT OF COMMISSIONS
Trade Risk Management will pay commissions for sales only
thru Paypal. Referrer Magic members
must therefore have a current Paypal account or signup for
one before applying to become a program member. Commissions:
- Are paid in US dollars.
- Will be paid on the 1st day of each month.
- Will be paid one month in arrears.
- Which are paid and later refunded to a customer, for
whatever reason, will be due by the member to TRM. Wherever
possible will be deducted from the members next commission
payment.
Email notification of commissions paid and commissions
deducted will be sent to members.
INCOME TAX LIABILITY
You must understand and agree that you are acting as an
independent contractor and as such will be responsible for
your own Income Taxes and any other tax liabilities that
affect the sales of our products in your state.
By law, any commissions in excess of five hundred ninety
nine ($599) dollars must be reported by us on a Federal
Tax form (that's why we ask for your SSN-social security
number). You will be sent this form and are required to
sign and return to us before any 'further payment' to you
can or will be made.
MODIFICATION
We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion,
by posting a new agreement on our site. Any modifications
will ALSO be notified, by email, to all participating members.
If any modification is unacceptable to you, you may terminate
this agreement. Your continued participation in the Referrer
Magic Member Program following notification
of our new Member Agreement will constitute binding acceptance
of the change.
GENERAL
Trade Risk Management is not responsible for its Referrer
Magic members actions.
Trade Risk Management makes no warranties or guarantees,
expressed or implied.
By signing up for the Referrers Magic
Program, you are in effect, agreeing to the above 'member
agreement'.
This concludes the Referrers Magic
Members agreement. Thank you for taking the time to read
it carefully. We look forward to working with you.
CLARIFICATION
For clarification on any of the above, please contact john@traderiskmanagement.com.
Trade Risk Management
LLC
7803 N.E. 24th Ct., Vancouver , Washington, 98665 , USA
