The following are the terms and conditions of participating in the SFI Marketing Group Affiliate Program. "Affiliate" or "Member" refers to yourself, and "SFI" refers to us.
SFI reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliates acceptance of income or bonuses shall constitute Affiliates acceptance of any and all amendments.
SPAM:
Affiliate agrees to not utilize SPAM in promoting SFI. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the SFI Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by SFI. Any service interruptions to SFI as a result of Affiliates spamming will be billed to Affiliate at 200 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about SFI, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
1. Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not advertise an SFI-provided Gateway URL. ADDITIONALLY, the URL that you use may not be an automatic redirect to any SFI-provided Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
2. You may include information on SFI in email Acknowledgment Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgment.
SFI also considers ANY type of advertisement about SFI posted to a Newsgroups or Chat Room to be spam. Violators will be fined at 50 US dollars per incident.
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PAYMENTS & COMMISSIONS:
Although the Affiliate Program is not limited to the United States of America, all payments will be made in US dollars.
Affiliate commissions shall normally be paid by company check and sent out monthly on or about the 10th for the previous month's sales. To cover SFI processing costs of Affiliate commission check, SFI will deduct one dollar.
If a sale is canceled or refunded, the related commission will be deducted from the next payment.
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PROHIBITED SITES:
Prohibited Sites for advertising SFI products or services:
Sites that promote sexually explicit material or violence.
Sites that promote discrimination based on race, sex, religion, national origin, or physical disability
Sites that promote illegal activities.
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OTHER:
1. Affiliate agrees that a SFI Affiliate is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of SFI. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of SFI.
2. Affiliate agrees to present the SFI Compensation Plan and SFI products and services as set forth at the official SFI website. Affiliate will make no claims regarding potential income, earnings, products or services beyond what is stated at the official SFI website. Affiliate further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
3. All Affiliate applications are subject to approval by SFI.
4. Affiliate must be of the age of majority in his/her state or country.
5. Multiple Affiliates within the same household are allowed. However, they must reside in either the Parent Powerline or the Personal Powerline of one of the household members.
6. Affiliates wishing to change Powerlines must officially opt out of the SFI program for a minimum of six months. All referrals and previous relationships with other SFI affiliates and members will be voided at this time. After the six month period, you may rejoin SFI in any Powerline of your choice. If a violation of this policy is discovered, all positions other than the original position will be terminated.
7. Affiliate may not use their knowledge of, or association with other Affiliates other than those personally referred to further any business undertaking other than SFI.
8. Affiliate will be issued an "Affiliate Link", or unique URL, which allows SFI to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link.
9. Affiliate is solely responsible for insuring that their Affiliate Link is set up properly to qualify for commissions.
10. SFI is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
11. SFI will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, SFI is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and SFI is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are out of the control of SFI. It is the goal of SFI to make Affiliate tracking as accurate as possible, however, SFI cannot guarantee 100% tracking for situations beyond its control.
12. To protect SFI customer privacy, if deemed necessary, SFI reserves the right to withhold identifying customer contact information from Affiliate.
13. SFI reserves all rights in or to its trademarks and servicemarks, but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display an SFI logo, image, or trademark which may be distasteful, defame, or misrepresent.
14. Affiliate shall follow SFI advertising guidelines and agrees not to misrepresent SFI products or services.
15. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of SFI.
16. SFI shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if SFI has been advised of the possibility of such damages. SFI aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by SFI under this agreement.
17. SFI makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
18. Both SFI and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary, without further act of the parties, unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
19. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
20. This agreement will be governed by and construed in accordance with the laws of the State of New Jersey, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.
