Operating Agreement...
This agreement describes the entire terms and conditions for participation in The
Super Hair Energizer 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 Super Hair Energizer.
Wherever the agreement refers to "you" or "your", it means
"the Participant"; "we" or "our" refer to Super Hair Energizer
and the terms "product" or "products" refers to the Super
Hair Energizer Product Line.
You can add or remove links at any time: You may add as many links to
Super Hair Energizer, or remove such links, at anytime and without prior approval from
Super Hair Energizer.
Referral Fee Qualifying Products: The Super Hair Energizer products sold by Super Hair Energizer
originating from a special link or links at your sponsoring website
qualify to earn you referral fees. The following products will be considered
"qualifying products":
Products that meet the following criteria:
- Products sold to customers who follow a special link from your sponsoring
website to our site and submit that order by using The Super Hair Energizer
online order forms, fax number, or mailing address.
The following products will not be considered qualifying courses for referral
fees:
- Products sold through any other special link to our site other than the specific
URL's that you are assigned to your sponsoring website.
Referral Fee Amount: The purchase price of referral fee qualifying products
will count toward the total sales during the calendar month in which such products are
sold. Only qualifying products that are sold by, Super Hair Energizer shipped/sent to a customer and for which
Super Hair Energizer has received full
payment will qualify for a referral fee.
The total of such product sales excluding shipping and taxes in any given month will
generate referral fees, based upon the 25% referral fee.
For example, suppose you sell 20 products during a 30-day month at $60.95 per sale. That's
$1,219 in sales, for which your referral fee will be: $304.75
12 orders online = $182.85
2 orders by mail = $30.48
6 orders by fax = $91.42
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Total = $304.75
Referral Fee Payment: Super Hair Energizerwill send a referral fee check for
the applicable referral fee approximately 5 days after the 1st of each calendar month.
A statement of customer purchase activity to the Participant will be sent each quarter of
the calendar year.
Referral Fees:
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: Super Hair Energizer will be solely responsible for
processing every order placed by a customer following a special link from your sponsoring
website. Order entry will use Super Hair Energizer secure online ordering
process, the fax order Line, or Super Hair Energizer mailing address.
Order forms, payment processing, shipping, cancellations, returns, and related
customer service are the responsibility of Super Hair Energizer.
All of the rules, operating procedures and policies of Super Hair Energizer regarding customer orders and accounts will apply to orders we receive through special
links on your sponsoring website. Super Hair Energizer reserves the right to
reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales: Super Hair Energizer 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 product
sales activity will be provided to the Participant in real time with a special URL that
they are assigned.
Promotional Techniques: You are free to promote the link to Super Hair Energizer
in all the ways we recommend in the introduction email letter you receive by
email immediately after you sign up. Examples of acceptable ways to promote the course
are: 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 referral fees not paid up to the point of
termination will not be paid to you and
will be property of Super Hair Energizer.
References/Testimonials: You agree to cooperate with Super Hair Energizerin
the development of joint press releases and testimonials. You further agree that you will
allow us to use your company name in marketing collaterals and make reference to you on
our website.
Associates Signing-Up Under Themselves: We will not tolerate current associates signing
themselves up as sub-associates under their own assigned referral number in order to
generate the additional commissions for their own sales. We have extensive tracking
software in place to deter this (which is programmed to look for any similarities
whatsoever in any of our associate records and flag us). If we find that this ever the
case, the account(s) in
question will be immediately terminated and any referral fees unpaid since our last
referral payout will remain sole property of the Internet Marketing Center. To put it
bluntly, it's not worth trying!
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. Super Hair Energizer will not be responsible if
you use another party's copyrighted material in violation of the law.
Super Hair Energizer policy applies to all orders: Every customer who buys a
product through this program is deemed to be a customer of Super Hair Energizer.
The Participant does not have the authority to make or accept any offer on
behalf of Super Hair Energizer. All Super Hair Energizer policies
regarding customer orders, including product availability, pricing and problem resolution,
will apply to these customers. Super Hair Energizeris not responsible for any
representations made by
the Participant which contradict our policies.
Product prices and availability: The price charged for every product sold under this
program will be determined by Super Hair Energizer according to our own
pricing policies. In case of any price discrepancies, the price charged to the customer
will always be the price listed on Super Hair Energizer webpage linked from
your sponsoring website.
Product availability can change, and Super Hair Energizer will present the
best information available to all sponsoring sites and its clients regarding product
availability.
Website service interruption: Super Hair Energizer 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
Super Hair Energizer liable for any of the consequences of such interruptions.
Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all
Trademarks, Trade Names, and Patents associated with these services. You will act
consistently with these rights and act to preserve them in the course of marketing and
sales of these services. We grant you the right to our Trademarks and Trade Names in
connection with marketing and sales of these services.
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 Super Hair Energizer 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 products 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: Super Hair Energizer 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 Super Hair Energizeror 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:
Super Hair Energizermakes no warranties, representations or conditions with
regard to the program or, except as expressly set forth in Super Hair Energizer
then current product sales policies, any products 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: Super Hair Energizer 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 Super Hair Energizer
has been advised of the possibility of such damages. Further, Super Hair Energizer
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
Super Hair Energizer to Participant under this agreement.
Miscellaneous: Participant and Super Hair Energizer 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 Super Hair Energizer
. 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 and
Canada without reference to its choice of law principles.
Join Now - Fill out our online
application form.
Let's get started!
If you experience any problems, please email info@superhairenergizer.net
New Hair Growth & Retention Co.
329 Calfornia Ave Suite #15
Santa Monica, Ca 90403
Copyright © 1999-2000 All Rights Reserved