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This agreement is a binding, legal contract between the Affiliate and the company, E&J Music. The Affiliate Program is administered through E&J Music pursuant to the policies herein.
The affiliate may promote and advertise on the affiliate’s own website, all company products that are advertised on the E&J Music Website and may adjust the End Consumer prices accordingly, within reason. The affiliate shall receive a 15% (ten percent) commission on all tangible sold products one month in arrears, after the customer’s payment clearance of a sale. In the case of refunds, the affiliate commission shall be withdrawn or, if already paid to the affiliate, deducted from pending commissions, and in the case no pending commissions are evident, the affiliate shall refund the company within 30 days from the date the customer requested the refund.
As a rule, commissions shall be paid by E&J Music on a monthly basis, pursuant to inventory check of cleared affiliate sales on all hardware products advertised on the Company Website.
However, the affiliate expressly agrees that company may withhold pending commissions for any extended period of time that E&J Music deems reasonable or necessary, to protect the company’s interests in circumstances of returns by customers and/or refund requests, under which conditions no commissions shall be paid.
The said circumstances may include but are not limited to, the selling of our products under false advertising or unauthorized services, fraud, charge-backs, bank or merchant account delays in payment of funds, freezing of funds, or for any other reason company deems necessary to protect its interests.
E&J Music reserves the right to change the price of company’s products and commission percentages for products without notice. Commissions are based on the percentage of sale in effect at the time of sale.
The affiliate is solely an Independent Contractor when acting as an affiliate. No partnership, joint venture or other legal entity is created between Company and Affiliate.
The affiliate represents and warrants to the company, that the affiliate has read and understands the E&J Music Privacy Policy – Terms and Conditions that are set forth on our web site and agrees to the terms set forth therein.
E&J Music reserves the right to amend this agreement as needed from time to time, and the affiliate agrees that any and all such amendments shall apply to the affiliate. The starting of or continuation of the affiliate status, promoting or marketing the company, company products or services, or the affiliate’s acceptance of income, shall constitute the affiliate’s acceptance of this agreement and any and all amendments. The affiliate agrees to review this agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner. The date of the last change or addition to this agreement is posted at the end of this document.
All affiliates must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an affiliate.
The affiliate agrees to receive e-mail from our company, including but not limited to, sales reports, training, promotional resources, newsletters and other correspondence. The affiliate agrees to only present the company, company products and services as set forth in the official Company Website or Company marketing materials. The affiliate shall make no claims regarding potential income, earnings, products, or services beyond what is stated at the official company website. The affiliate also agrees not to reproduce commission cheques or distribute commission check in any form or by any means.
The affiliate agrees not to disparage either E&J Music or company products and services to other company affiliates in any manner. The affiliate understands that disparagement may result in the immediate suspension or termination of the affiliate account with a cancellation of any pending commissions.
SPAM PROHIBITED
E&J Music has zero tolerance toward any affiliates associated with SPAM. The accounts of affiliates associated with SPAM are immediately terminated as soon as the violation is verified, with a cancellation of any pending monies or commissions owed.
E&J Music shall immediately terminate any affiliate account that it believes, in its sole discretion, is transmitting or is otherwise connected with any SPAM or other unsolicited bulk e-mail. E&J Music shall report spam, along with all the spammer’s identifying information, to the ICC (International Chamber of Commerce), the European Consumer Center and other agencies for civil and criminal prosecution.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE in bulk or by single mailing about E&J Music or company products and services, who has not specifically requested or subscribed for the information directly from the affiliate. Mailings to names or lists that have been purchased, including but not limited to so-called safe-lists or co-reg lists, regardless of the opt-in procedures, are not permitted. The company considers ANY type of advertisement about the company or company products or services, posted to a Newsgroup or Chat Room, in violation of their posting rules, to be SPAM.
The affiliate agrees to comply with all EU and U.S. State and Federal SPAM laws, including but not limited to the Federal CAN-SPAM Act.
In most cases damages are often difficult to ascertain and if actual damages cannot be reasonably calculated, the affiliate agrees to pay E&J Music liquidated damages of € 500 for each incident of SPAM or unsolicited e-mail transmitted from or otherwise connected with the affiliate’s account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
OTHER PROHIBITED PRACTICES
E&J Music reserves the right to refuse payment for any reason it deems necessary and said reason or reasons shall be in the sole discretion of the company. Other prohibited practices include, but are not limited to, any instance or attempt to steal commissions using automatic cookie setters, spyware, or other technologies affecting the integrity or fairness of the program.
PAYMENTS
All affiliate payments shall be made in AUD Currency. If a sale is canceled or refunded, any paid commission shall be deducted from a subsequent payment. Affiliate commissions shall not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. E&J Music reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
The affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. E&J Music shall not be held responsible for the failure to assign any sale or commissions to the affiliate if the same results from the improper formatting of any affiliate links.
E&J Music shall only pay commissions on sales that are tracked through our tracking system and indicate the affiliate as the source of the visit to Company Web site. The affiliate has no right to commissions if a buyer later returns to E&J Music site through a different Affiliate Link or source and makes a purchase.
The affiliate has no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted even where the customer first arrived at the E&J Music Website through the affiliate’s link. Commissions shall only be paid when the buyer makes a purchase on the same visit using the affiliate link or with the affiliate’s “cookie” which identifies the concerned affiliate.
NO INCOME CLAIMS ARE MADE
E&J Music makes no representations or warranties whatsoever, regarding potential income that may result from participation in the E&J Music Affiliate Program and E&J Music specifically disclaims any and all warranties in regards to the affiliate’s earning potential. The affiliate agrees to provide the company with valid contact information upon registration.
E&J Music shall make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to the affiliate. The company shall not be held responsible for technical problems, acts by third parties, or other events outside the company’s reasonable control, which may temporarily interfere with, disrupt or diminish tracking or service.
E&J Music 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 where E&J Music has been advised of the possibility of such damages. The company’s total liability arising from this Agreement or program shall not exceed the total commissions paid or payable by the company.
E&J Music is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of monies. Company pricing of products and services is totally within company discretion and E&J Music reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to the affiliate.
The company’s only responsibility to the affiliate in this regard is to track customer orders that occur through links from the affiliate and provide reports of the commissions due as a result thereof. All such reports shall be un-audited.
CUSTOMER PRIVACY
To protect customer privacy, under the company’s Privacy Policy, if deemed necessary, E&J Music reserves the right to withhold identifying customer contact information from the affiliate. The company has no obligation to provide the affiliate with any specific information of any customer, regardless of whether said customer arrived at the Company Web site through an Affiliate link.
E&J Music reserves all rights in or to its trademarks and servicemarks and copyrights, although they may be used by the affiliate in accordance with this agreement. The affiliate may use company ads and the E&J Music logo, but may not display a company logo, image, or trademark, which may be distasteful, defame, or misrepresent the company in any way.
PROHIBITED WEBSITES
The affiliate agrees not to misrepresent E&J Music products or services. The affiliate also agrees not to advertise company products or services on web sites that promote sexually explicit material, violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities.
E&J Music reserves the right to terminate any affiliate status for any reason in the company’s sole and absolute discretion, including but not limited to the reasons set forth herein. E&J Music makes no warranties expressed or implied for the Affiliate Program except as outlined in this Agreement. The Affiliate Program is provided As Is.
E&J Music and affiliate reserve the right to terminate this agreement at any time, without notice. If terminated, outstanding commissions shall be paid in the next payment cycle, as long as the terms of this agreement were not violated by the affiliate. Payment of the final commission payout to the affiliate may be withheld for a reasonable time in order to ensure that the correct amount of monies due are paid.
The affiliate is solely and fully responsible for any and all costs and expenses the affiliate incurs in the marketing of the company, company products and services, and the affiliate agrees to hold E&J Music harmless and indemnified from same. In the event that any provision of this Agreement is held to be invalid or unenforceable, the said provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement shall remain in full force and effect. The company location is on the web site and the affiliate agrees that this offering is made from the company’s location and shall be governed by the laws of Australia where the company is located.
This Agreement shall be governed by and construed in accordance with the laws of the State in which E&J Music resides, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the company is located. In addition, the affiliate agrees to submit to the jurisdiction of the courts of the State in which the company is located, and that any legal action pursued by by the affiliate shall be within the exclusive jurisdiction of the courts of the city and state where the company is located.
E&J Music obligations and the affiliate remedies are solely and exclusively as described and limited in this agreement which is made accessible on the company’s web site affiliate information. The company liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products, services or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall the company be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to the affiliate.
E&J Music reserves all rights not expressly granted here.
