Each participant in the affiliate program offered by the SAVINGS ROOM (the “Merchant”) for any of the services offered on http://savingsroom.com.au (the “Site”) currently through GetDPD (the “Processor”) expressly agrees to this affiliate agreement. Throughout this agreement, “Affiliate program” and “program” refers to the Affiliate program operated by the Program Operator in part for the Website.
In this agreement, the term “Affiliate” refers to you (the applicant). Wherever the agreement refers to “you” or “your”, it refers to “the Affiliate; “we” or “our” refers to the Merchant.
Notice: please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may not participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
This agreement incorporates SAVINGS ROOM terms, conditions, and policies (located on this Website) herein as if it were set forth in full.
Each Affiliate is an independent contractor of SAVINGS ROOM and not an employee. Nothing herein is intended to create an employer/employee relationship.
When you submit an Affiliate Approval Request at GetDPD a unique URL will be created for you.
You will receive the stated commission from orders placed through your affiliate link (unless noted otherwise for a particular product).
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.
We are not responsible for paying interest to Affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate’s future commissions.
All commissions are paid in AU Dollars by PayPal.
If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, SAVINGS ROOM is not responsible for your not receiving the money. Note: Payment is via MassPay using the email address you signed up with.
Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by the Program Operator. This election is entirely made by the Affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor.
For a sale to generate a commission to you, as the Affiliate, the customer must complete the order form and complete the full payment cycle. Commissions will only be paid on sales that are made through qualified Affiliate Links.
SAVINGS ROOM will deliver payouts for the applicable commissions within the framework of GetDPD policies and paypal monthly Mass Pay.
If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by SAVINGS ROOM from the next payment due affiliate.
GetDPD will be solely responsible for processing every order placed by a customer on the site. You are not authorized to sell any of these products from your site as a “reseller” and no “resale” rights are granted in any way on these products unless otherwise noted.
Customers who purchase products and services through the SAVINGS ROOM Affiliate Program will be deemed to be customers of SAVINGS ROOM. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. SAVINGS ROOM policies will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website (or email) to their Affiliate Link in order to qualify for commissions.
SAVINGS ROOM reserves the right not to accept any website into the Affiliate Program based on website content. Websites that do not qualify for the affiliate program include websites which:
- Promote sexually explicit materials;
- Promote violence;
- Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities; or
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
Unsolicited Commercial Email or SPAM
SAVINGS ROOM in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Merchant’s Affiliate Program.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would reasonably contradict this statement.
Income Tax Liabilities
Each Affiliate acts as an independent contractor and as such is responsible for any or all Australian, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location.
Embargoed Nations & Specially Designated Nationals
Australia controls the export of products and information. Each Affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an Affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).Each Affiliate is responsible for compliance with all applicable Australian and international laws and regulations, including but not limited to, those laws pertaining to export control.
Advertising of Savings Room products
As an Affiliate of SAVINGS ROOM, your website on which you advertise any products or services of SAVINGS ROOM may only include products that are not capable of being viewed by persons 16 years of age or younger unless the SAVINGS ROOM specifically allows such products.
Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 16 years of age or younger if you include any reference whatsoever to the SAVINGS ROOM, the Website, the eBook(s), or your Affiliate Link. On any website on which you include any reference whatsoever to the SAVINGS ROOM, its products, services, and eBooks, you may NOT include any reference whatsoever to any form of “Adult” content.
Any violation of these requirements will result in immediate termination of your Affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that the SAVINGS ROOM may incur.
Payment Processor Fees
All commissions are calculated based on the net transaction. In other words, all taxes, shipping, and payment processing fees are first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due the Affiliate. Any sums paid for taxes, shipping, and payment processor fees are not commissionable. The SAVINGS ROOM may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the Website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
Spam And Unsolicited Commercial Email (UCE)
The Program Operator does not tolerate the sending of unsolicited commercial emails (UCE a.k.a. junk email or spam email) which promote, or make reference to the Program Operator, or any of their associated companies or Websites, Partners, or employees, the Websites, products or services. The provisions of the Program Operator’s Anti-Spam Policy shall apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, breaches this rule will have their Affiliate status canceled and any outstanding commissions will be forfeited.
Investigations by Law Enforcement or Government Agencies
The Program Operator reserves the right to reject any Affiliate application or immediately terminate any Affiliate from the Program who has ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures. Every applicant for the Program must make full disclosure to the Program Operator of any such investigations, including the results of such investigations so that the Program Operator can make an informed decision as to whether the applicant is eligible for the Program.
Once an applicant is approved, the applicant must also make full disclosure to the Program Operator immediately of any such investigations that occur during the term such approved applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach.
The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings the SAVINGS ROOM or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions will be forfeited.
The SAVINGS ROOM reserves the right to reject any Affiliate application if, in the SAVINGS ROOM’S opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the SAVINGS ROOM prefers not to be associated with.
Keywords and Promotion
Without express prior written approval from the SAVINGS ROOM, no affiliate shall register, own, or use a domain name that includes key words or key phrases that includes the SAVINGS ROOM trademarks, service marks, and/or words contained in the SAVINGS ROOM domain name http://www.savingsroom.com.au, without express prior written approval from the SAVINGS ROOM, no Affiliate shall use any of these words either in a pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the SAVINGS ROOM by the Affiliate’s breach.
Negative Promotional Content
Affiliates shall not use negative content to promote products or services sold by the SAVINGS ROOM. This includes, but is not limited to, use of reviews or ads that refer to SAVINGS ROOM products or services as a “scam,” “fraud,” “bogus,” “fake,” “sucks,” or synonyms or phrases that convey the same meaning. The SAVINGS ROOM is aware that this marketing tactic may generate leads for an Affiliate but it does so at the expense of the SAVINGS ROOM’S good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach.
Monetary Incentives Prohibited
Affiliates shall not use cash rebates or other monetary incentives to promote products or services sold by the SAVINGS ROOM. This includes, but is not limited to, offering to rebate a portion of the purchase price to anyone who purchases via the Affiliate’s link for the Program. Such monetary compensation devalues the Program at the expense of the Program Operator. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. However, nothing in this paragraph shall prevent an Affiliate from providing non-monetary bonuses to purchasers as an inducement to purchase through the Affiliate’s link provided that such bonuses are otherwise permitted by law.
Affiliate Sales and Tracking
After signing up for the Affiliate program, you will receive a unique Affiliate URL (“Affiliate Link”) which you will use to advertise the Website. When someone clicks through this URL, a cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as “Affiliate link cloaking”) may or may not work with parts of the Website and this Affiliate program. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
Term and Termination
This agreement will begin upon your sign-up with the Affiliate program and will end when either you or the SAVINGS ROOM terminates your Affiliate status, or if your account is inactive in any continuous twelve month period. An Affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the SAVINGS ROOM via the contact page. The Affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
The SAVINGS ROOM may also terminate this agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate’s Profile, with 30 days notice. The SAVINGS ROOM may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to Affiliates. However, if this agreement should terminate for cause due to violation of this agreement or the website’s other terms, conditions, and policies, this agreement shall terminate immediately and the Affiliate shall forfeit all right to any commissions then due.
Rights To Modify Agreement
The SAVINGS ROOM, and its associated companies may, in good faith, modify any of this agreement and/or the website’s other terms, conditions, and policies (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. The Affiliate’s continued participation in the Affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
If any modification to this agreement is not acceptable to the Affiliate, the Affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its website, and refrain from publishing the same in any manner whatsoever.
It is understood that any individual that uses the SAVINGS ROOM system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the SAVINGS ROOM. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums payable as and for commissions will be withheld. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the SAVINGS ROOM or its associates due to such action.
There is no warranty or guarantee of any kind with respect to the SAVINGS ROOM system as far as reliability, stability, quality or dependability. This means that the SAVINGS ROOM or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the its website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data, discontinuation of service, or other inconveniences.
Affiliates shall be charged NO FEE by the SAVINGS ROOM for setting up an account to join Affiliate programs or to join any program.
Electronic Communications and Email
The SAVINGS ROOM requires your primary email address be listed in your Affiliate Profile. Affiliates will not be able to use the website or participate in the Affiliate Program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately.
You may not use an email address with an auto responder as your Affiliate email address. When you visit the SAVINGS ROOM website or send emails to the SAVINGS ROOM, you are communicating electronically. You consent to receive communications from the SAVINGS ROOM electronically. The Program Operator will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that the SAVINGS ROOM provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an Affiliate, you must continually have a valid email account on file with the SAVINGS ROOM or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
Unauthorized Charging Or Receipt Of Payments Through The Websites
No Affiliate, or other person or entity may use the SAVINGSROOM, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Website or through the SAVINGS ROOM payment processing system may become the sole property of the SAVINGS ROOM. Specifically, Affiliates may not link to the SAVINGS ROOM website for processing of products or services that are not wholly sponsored by the SAVINGS ROOM and authorized by the SAVINGS ROOM and further, may not link to the SAVINGS ROOM website for processing of any products beyond what the SAVINGS ROOM has identified as saleable products for the website and specific affiliate sales.
Should any Affiliate of the SAVINGS ROOM or other person or entity construct links that process orders through the SAVINGS ROOM payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
Charging Or Receiving Any Payment For Assisting Other Affiliates
The progress of any Affiliate benefits the SAVINGS ROOM in many ways. If you recruit, sponsor, or obtain an Affiliate through the websites, by any means, You should always be willing to assist such Affiliate at no charge if you are overriding such Affiliate in a multi-tier payment system. If you are unwilling to assist such Affiliates without charge, your Affiliate status with the SAVINGS ROOM will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted Affiliates.
Affiliate Identification Numbers
You will be provided an Affiliate identification number. Your Affiliate ID number may be numeric and/or case sensitive. You are responsible for maintaining the secrecy and security of your Affiliate ID number and password. You agree to hold the SAVINGS ROOM harmless in the event that you share any such information with any other person or entity whatsoever.
No Predatory Advertising
All Affiliates in the Affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the SAVINGS ROOM, and shall include, but not be limited to, dynamically replacing the Affiliate ID of one Affiliate with that of another with the effect of “stealing” the commission away from the Affiliate that earned it, whether this be intentional or not. Affiliates may not adjust any of the supplied Affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.
The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the Websites or that the SAVINGS ROOM network will be error-free nor will the Program Operator be held liable for any interruptions or errors.
- a) If any part of this agreement or SAVINGS ROOM website’s terms, conditions, and other policies is declared void, this agreement and such terms, conditions, and other policies shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Affiliate Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No Affiliate may assign or sublicense this agreement without the Program Operator’s prior written consent.
- b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an Affiliate will be payable by the Affiliate. Any sums not collected from the Affiliate or Affiliate’s customer are not commissionable, and any fees incurred during processing or handling of sales made by the Affiliate will be deducted in whole from any commissions due to the Affiliate. Further, in the event that the commissions due the Affiliate are insufficient to cover any sums, the Affiliate agrees to pay the full amount to the SAVINGS ROOM.
- c) If the foregoing limitations or the limitations within the affiliate agreement and website terms, conditions, and other policies incorporated by reference are held to be unenforceable, the program operator’s liability for damages under this agreement to any person or entity shall not exceed the amount of fees paid by that person or entity for the product, service, and or ebook or software (license).
- d) To the extent you have in any manner violated or threatened to violate the SAVINGS ROOM website’s intellectual property rights, the SAVINGS ROOM may seek injunctive or other appropriate relief in any court located in VICTORIA AUSTRALIA, and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator Website is unauthorized in any jurisdiction that does not give effect to all provisions of the website’s terms, conditions, and other policies including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the SAVINGS ROOM as a result of this agreement or use of the website, products, and/or services. The SAVINGS ROOM’S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the SAVINGS ROOM’S right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- e) This Agreement shall be governed and construed in accordance with the laws of VICTORIA, AUSTRALIA applicable to agreements made and to be performed in VICTORIA, AUSTRALIA. You agree that any legal action or proceeding between the SAVINGS ROOM and you for any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
- f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the SAVINGS ROOM and you, in VICTORIA, AUSTRALIA, under the commercial rules of the ACICA Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
- g) Any cause of action or claim you may have with respect to the SAVINGS ROOM website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.
- h) The SAVINGS ROOM’S failure to insist upon or enforce strict performance of any provision of this agreement
shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.
- i) The SAVINGS ROOM may assign its rights and duties under this agreement to any party at any time without notice to you.
- j) Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
- k) The SAVINGS ROOM may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the SAVINGS ROOM to transfer any such rights or responsibilities. Any transfer by the SAVINGS ROOM shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
- l) Should this Affiliate program be deemed illegal in any jurisdiction, the SAVINGS ROOM has the right to immediately terminate this program without recourse.
- m) If a jurisdiction other than VICTORIA requires the SAVINGS ROOM to collect sales taxes, use taxes, other taxes or fees, the SAVINGS ROOM has the right to immediately terminate this program in such jurisdiction without recourse.
- n) If the payment processors utilised by the SAVINGS ROOM determine that sales made through Affiliates cannot be processed through the payment processor, then the SAVINGS ROOM has the right to immediately terminate this Program, without recourse.
- o) Nothing herein is intended to imply that the SAVINGS ROOM will always offer any Affiliate program, or this Affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the Websites or that the Program Operator will offer any Affiliate program whatsoever.
Any rights not expressly granted herein are reserved. This is the entire agreement between the SAVINGS ROOM and you as an Affiliate.
This Affiliate program agreement was last updated on MARCH 20, 2015.
Copyright © SAVINGS ROOM 2015, and licensed for use by the owner of this Website at http://www.savingsroom.com.au. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either the Merchant or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Website, all links to the SAVINGS ROOM SITE, and all Merchant’s trademarks and logos and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your website does not conform to the qualifiers written in this Agreement.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This agreement shall all be governed and construed in accordance with the laws of AUSTRALIA applicable to agreements made and to be performed in AUSTRALIA. You agree that any legal action or proceeding between Merchant and you for any purpose concerning this agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in AUSTRALIA. Any cause of action or claim you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Merchant’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. THE SAVINGS ROOM may assign its rights and duties under this agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with Processor, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
Spyware & Other Parasitic Software
Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of rapidsatellite.com and/or its partner sites) is subject to punitive actions by RAPID, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate’s suspected malfeasance. RAPID encourages affiliates to report suspicions of such relationships to RAPID; and, should substantial proof, as judged by RAPID, be provided, RAPID reserves the right to assign an amount equal to the unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty. If you use these methods as common practice, this program is not for you.
If you have questions about this document please contact us via our contact page.