The Agreement "RX-Affiliate-Network.cc" and the Applicant, hereinafter referred to as "the Partner", on the other part, have concluded the present Agreement as follows: Terms of Agreement THIS IS A LEGAL AGREEMENT BETWEEN THE PARTNER AND RX-AFFILIATE-NETWORK.COM.1. Order Processing RX-Affiliate-Network.cc will be responsible for providing all information necessary to allow the Partner to make appropriate Links from the Partner's site to RX-Affiliate-Network.cc order forms. RX-Affiliate-Network.cc will process orders placed by customers who follow the Links from the Partner's site to RX-Affiliate-Network.cc order forms. RX-Affiliate-Network.cc will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns and related customer service. RX-Affiliate-Network.cc will track the volume and amount of sales generated by the Partner's site and will make reports, summarizing this sales activity, available to the Partner through RX-Affiliate-Network.cc. The form, content, and frequency of the reports may vary from time to time in RX-Affiliate-Network.cc discretion. To permit accurate tracking, reporting, and fee accrual, the Partner must ensure that the Links between the Partner's site and RX-Affiliate-Network.cc forms are properly formatted. 2. Your fees RX-Affiliate-Network.cc will pay the Partner either 20% -25% of the sales or the difference between the base and the price charged to the customer. The Partner chooses which method the Partner will use on the Partner's initial signup. Only Products that are sold by and for which RX-Affiliate-Network.cc has received full payment will qualify for a referral fee. A referral fee will only be paid if the visitor to RX-Affiliate-Network.cc forms is tracked by the system from the time of the Link to the time of the sale. No referral fee will be paid if the visitor to RX-Affiliate-Network.cc forms cannot be tracked by RX-Affiliate-Network.cc system. RX-Affiliate-Network.cc will pay a referral fee by Paypal or wire for the applicable referral fees every 2 weeks, after commission became "approved". Commission becomes approved immediately after order is sent. If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next weekly payment or the Agent/Affiliate will be billed. 3. Qualifying Products Qualifying Products are listed in the back office. RX-Affiliate-Network.cc reserves the right to add or delete products at any time at RX-Affiliate-Network.cc sole discretion as market conditions change. 4. Tracking of Sales The Agent/Affiliate will be solely responsible for ensuring that all links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Agent/Affiliate in real time with a special URL that they are assigned. The Partner may add as many links, or remove such links, at anytime and without prior approval from RX-Affiliate-Network.cc. 5. Policies RX-Affiliate-Network.cc policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of RX-Affiliate-Network.cc. The Agent/Affiliate does not have the authority to make or accept any offer on behalf of RX-Affiliate-Network.cc. All RX-Affiliate-Network.cc policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. RX-Affiliate-Network.cc is not responsible for any representations made by the Agent/Affiliate that contradict RX-Affiliate-Network.cc policies. 6. Pricing and availability Product prices and availability may vary from time to time. RX-Affiliate-Network.cc cannot guarantee the availability or price of any particular Product. 7. Copyrighted and Trademarked material The Partner is solely responsible for ensuring that the Partner's reviews, product descriptions and articles (if applicable at the Partner's site) obey all applicable copyright, trademark, and other laws. RX-Affiliate-Network.cc will not be responsible if the Partner uses another party's copyrighted or trademarked material in violation of the law. 8. Term of the Agreements The term of this Agreement will begin upon RX-Affiliate-Network.cc acceptance of the Partner's Affiliate Application and will end when terminated by either party. Either the Partner or RX-Affiliate-Network.cc may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to the Partner's address on RX-Affiliate-Network.cc records, is considered sufficient notice to terminate this Agreement. 9. Modification RX-Affiliate-Network.cc may modify any of the terms and conditions contained in this Agreement, at any time and in RX-Affiliate-Network.cc sole discretion. 10. Relationship of Parties The Partner and RX-Affiliate-Network.cc are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Partner will have no authority to make or accept any offers or representations on behalf of RX-Affiliate-Network.cc. The Partner will not make any statement, whether on the Partner's site or otherwise, that reasonably would contradict anything in this Section. 11. Limitation of Liability RX-Affiliate-Network.cc will not be liable for indirect, incidental, special, or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits, or loss of data, arising in connection with this Agreement or RX-Affiliate-Network.cc's performance of services or of any other obligations relating to the Agreement, even if RX-Affiliate-Network.cc has been advised of the possibility of such damages. Further, RX-Affiliate-Network.cc aggregate liability arising with respect to this Agreement will not exceed the total commissions paid or payable to the Partner under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought. 12. Disclaimers RX-Affiliate-Network.cc makes no express or implied warranties or representations with respect to the Product or other items sold through RX-Affiliate-Network.cc (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, RX-Affiliate-Network.cc makes no representation that the operation of RX-Affiliate-Network.cc site will be uninterrupted or error-free, and RX-Affiliate-Network.cc will not be liable for the consequences of any interruptions or errors. 13. Representations and Warranties the Partner hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by the Partner and constitutes the Partner's legal, valid and binding obligation, enforceable against the Partner in accordance with its terms and that the execution, delivery and performance by the Partner of this Agreement are within the Partner's legal capacity and power have been duly authorized by all requisite action on the Partner's part require the approval or consent of no other persons and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which the Partner are subject or which is binding upon the Partner, or (ii) the terms of any other agreement, document or instrument applicable to the Partner or binding upon the Partner. 14. Indemnification The Partner hereby agrees to indemnify, defend and hold harmless RX-Affiliate-Network.cc, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) any claim or threatened claim that RX-Affiliate-Network.cc use of the Affiliate Trademarks infringes on the rights of any third party (ii) the breach of any representation or warranty made by the Partner herein or (iii) or any claim related to the Partner's site. |