Affiliate Agreement

Affiliate Agreement

The Sales Resource Center™ Affiliate Agreement

By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.

This Affiliate Agreement (“the Agreement”) is made between The DaCo Corporation, (the owner of The Sales Resource Center™) and you, as our Affiliate, and applies to all materials offered for sale on www.thesalesresourcecenter.com.

You agree to keep the terms and conditions outlined in this agreement by filling in the web application form. If you do not accept this agreement, you are not authorized to be an Affiliate, and may not use our links, graphics, and utilities on your website.

1. SIMPLE STATEMENT OF RELATIONSHIP. The Sales Resource Center™ enters into a relationship with you as an Affiliate, to reward you with a commission each time someone subscribes to The Sales Resource Center, as a result of clicking on a Qualified Link on your website, according to the provisions in this Agreement. You and The Sales Resource Center 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 reasonably would contradict anything in this Section.
2. QUALIFIED LINK means a hyperlink to The Sales Resource Center website, which we will provide you. These include sophisticated HTML code. If the HTML code is altered in any way after copying from that webpage, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.
3. TRACKING. When someone clicks on a Qualified Link on your site, a cookie will be set in their browser with your affiliate ID, and their IP address will be logged with your affiliate ID. During that visit to our website or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.
4. PAY-PER-SALE. Our Affiliate Program pays the Affiliate only when a sale results from a visitor who was sent by a Qualified Link on the Affiliate’s website. If the sale does not occur within 365 days of the visitor passing through the Affiliate link, no payment will be made. If a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale.
5. PAYMENT RATE. The payment per sale is currently 20% (twenty per cent) of the sales amount (not including any taxes or shipping. Commissions will be paid only on sales of Sales Resource Center subscriptions. Consulting, personal training and speaking engagements are specifically excluded from this Affiliate Program. The payment rates can be changed or discontinued at any time with notification as provided herein. Upon discontinuing promotion of The Sales Resource Center the center has the right to discontinue issuing commissions to the affiliate that drove the customer initially.
6. CHARGEBACK. If the purchaser makes a duplicate entry, later returns a product, enters through a non-qualified link, makes an unauthorized payment, or does not make full payment to The Sales Resource Center, payment made to the Affiliate for that purchase shall be rescinded.
7. PAYMENTS. Payments will be made via check or Pay Pal at the end of any month that your accumulated commission totals $100 or more. United States Affiliates (individual/resident/corporation/business) must provide The Sales Resource Center™ with a completed W-9 Federal Tax form before The DaCo Corporation will issue a check to the Affiliate. The DaCo Corporation agrees to issue a 1099 to Affiliates only if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax law.
8. CHANGES TO THE PROGRAM. The Sales Resource Center reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In such case The Sales Resource Center will notify Affiliates of such changes either via e-mail or by posting in the Affiliate Area of our website, at which time you may either agree to such changes or withdraw from the Affiliate Program.
9. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age.
10. TERMINATION. The Sales Resource Center reserves the right to deem any site inappropriate and terminate the site as an affiliate. The following types of sites are not allowed to participate as affiliates: Adult sites, sites that display adult banners, materials or nudity, sites that promote violence, bigotry, or hatred. Sites that promote illegal activity. Any affiliate that promotes any of the services offered by The Sales Resource Center through SPAM, (I.E. non opt-in mailings list or unsolicited email messages) will be terminated from the program and will wave all pending, present and future commissions.
11. ANTI-SPAM POLICY. By accepting this Affiliate agreement you agree not to promote your website or any services offered by The Sales Resource Center through the sending unsolicited email messages to anyone (aka “SPAM” – UBE (unsolicited bulk e-mail) or “UCE” (unsolicited commercial email). You also agree not to falsify your user information (I.E. including a false or fictitious name, return email address or include any other falsifications in the body of the email message). Any promotion of services offered by The Sales Resource Center by means mentioned above will result in immediate termination of the affiliate account and the affiliate will not receive any commissions earned or pending.
12. LIMITATION OF LIABILITY. The Sales Resource Center does not warrant that the affiliate program will meet the affiliates requirements or that the operation of The Sales Resource Center website and ordering system or affiliate tracking system will be uninterrupted or error-free. In no event will The Sales Resource Center be liable to the affiliate or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, ordering system, or affiliate tracking system.
13. SEVERABILITY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14. OWNERSHIP AND LICENSES. The Sales Resource Center grants a non-exclusive, limited, revocable right to the Affiliate to use The Sales Resource Center trademarks and banners. All images, programs, HTML code, and content provided by The Sales Resource Center shall remain the sole property of The DaCo Corporation, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, trade names, and service marks shall remain the sole property of The Sales Resource Center, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of The DaCo Corporations’ provided images in any way.
15. TERM AND TERMINATION. This agreement shall remain in effect until terminated. The Agreement may be terminated by The Sales Resource Center or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use The Sales Resource Center banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the websites.
16. ASSIGNABILITY. The Sales Resource Center may assign this Agreement to any successor.
17. FORCE MAJEURE. Neither The Sales Resource Center nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of The Sales Resource Center or the Affiliate.
18. JURISDICTION. Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Grand Rapids, Michigan, USA, and any dispute will be litigated or arbitrated in Kent County, Michigan or a nearby county. This Agreement shall be governed by Michigan Law.
19. INDEPENDENT INVESTIGATION. You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate a web site that is similar to or competes with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement not set forth in this agreement.
20. SOLE AGREEMENT. This Agreement constitutes the sole agreement between The Sales Resource Center and the Affiliate regarding the Affiliate Program.