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This Affiliate Agreement describes the complete terms and conditions for participation in the
SmallBusinessPoint.com, Inc. Affiliate Program.
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| Affiliate FAQ |
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- Generate additional revenue with our proven affiliate program.
- Earn 20% commission on all bpVision sales generated from your site.
- Easy way to earn extra cash for your company.
- Sign-up Today.
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To join the bpVision Affiliate Program:
1. Read this affiliate agreement and select the "I Agree" button at the bottom.
2. Fill out the short application on the following page.
3. You will receive an e-mail with your link information.
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Affiliate Agreement
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This Affiliate Agreement describes the complete terms and conditions for participation in the
SmallBusinessPoint.com, Inc.
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Affiliate Program (the "Program").
As used in this Agreement, "we" and "our" means SmallBusinessPoint.com, Inc.,
and "you", "affiliate", and "your" means the applicant. "Site" means a World Wide
Web site and, depending on the context, refers either to the SmallBusinessPoint.com, Inc.
site or to the site that you will link to our site. The "Affiliate"
and "SmallBusinessPoint" are independent parties and this agreement will not
form any partnership.;
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1. Enrollment in the Program |
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To begin the enrollment process, you will submit a complete Affiliate Program Application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. SmallBusinessPoint.com, Inc. reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites that contain X-rated and promote sexually explicit materials, promoting violence and discord, promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promoting illegal or questionable activities, violating intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time.
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By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
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You may select one or more products to list on your site. For each selected product, you will display on your site a short description, review, or other reference. You will be responsible for the content, style, and placement of these references. You will provide a special link from each product reference on your site to the corresponding SmallBusinessPoint.com or bpVision.com entry. Each link will connect directly to a single item, using a special link format that we give you.
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General Link to bpVision Home Page:
You may provide a general link on your site to our home page in a format to be approved by SmallBusinessPoint.com, Inc. We will provide you with guidelines and artwork to use in linking to our home page.
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We will process product orders placed by customers who follow special links from your site to the SmallBusinessPoint.com, Inc. site. SmallBusinessPoint will be solely responsible for processing every order placed by a customer on the Affiliate sites. Customers who purchase products and services through the Affiliate Program will be deemed to be customers of SmallBusinessPoint. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted. Prices and availability of our products and services may vary from time to time. SmallBusinessPoint's policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
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We will pay you referral fees on certain product sales to third parties. For a product sale to generate a referral fee, the customer must: (i) follow a special link (in the format specified by SmallBusinessPoint.com, Inc.) from your site to the SmallBusinessPoint.com, Inc. site, (ii) purchase a SmallBusinessPoint.com, Inc. software product using our automated ordering system, (iii) accept delivery of the product at the shipping destination; (iv) and remit full payment to us. The Program is intended for commercial use only; you may not purchase products through the Program for your own use. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this Agreement. SmallBusinessPoint.com, Inc. reserves the right to specify and to change which products are Qualifying Products for the purposes of the Program. The current Referral Fee is set at 20% of SmallBusinessPoint.com, Inc.'s Net Receipts. Net Receipts shall mean the amount collected by SmallBusinessPoint.com, Inc. in connection with sales of Qualifying Products made through the special link, less shipping costs, taxes, returns, or chargebacks on such Qualifying Products. NOTE TO NON-USA AFFILIATES: According to a new United States tax law, we must withhold 30% of referral fees to affiliates who are based outside of the United States. Those who qualify can submit a W-8ECI form to the IRS to avoid this withholding. If you have further questions, contact us at support@bpvision.com for more information. For more information checkout the IRS web site.
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We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $100.00, we will hold those fees until the total amount due is at least $100.00 or (if earlier) until this Agreement is terminated. If a product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee. You will receive 20% of the revenue as a commission from orders placed through your coded link. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the service ordered. Affiliate commissions will only be paid on sales, which are made through qualified Affiliates. Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Any returned checks, chargebacks or fees from a returned order will be adjusted in the following fee payment.
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Each Party shall be entitled to terminate this Agreement at any time, for any reason, and in their sole discretion. This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. If either party terminates this agreement, they shall provide immediate notice by e-mail or in writing to the other party, specifying the date of the termination. Termination may happen at any time, with or without cause, by giving the other party written notice of termination. In the event you terminate this Agreement, your enrollment and participation in the Program will immediately cease, and you will immediately remove all links on your site to SmallBusinessPoint.com or bpVision.com and to any other SmallBusinessPoint.com or bpVision.com pages. In the event we terminate this Agreement, we will pay to you, in the regular course of business, all Referral Fees accrued prior to the date of termination but will not be responsible for payment of any other Referral Fees.
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Each Party shall be entitled to disclose the existence of this Agreement, but agrees that the financial terms of this Agreement (including the amount of the Referral Fees) shall be treated as confidential and shall not be disclosed to any third party; provided, however, that each Party may disclose the financial terms of this Agreement to the extent: (i) required by a court or other governmental authority, or otherwise as required by law; or (ii) on a "need-to-know" basis under an obligation of confidentiality to its legal counsel, accountants, banks and other financing sources and their advisors; or (iii) in connection with an actual or proposed merger, acquisition or investment involving such Party. To the extent we obtain from you (or third-party customers who visit the SmallBusinessPoint.com, Inc. site), pursuant to and in connection with the Program, information that falls within the terms of SmallBusinessPoint.com, Inc.'s Privacy Statement, we agree to treat such information in accordance with such Privacy Statement. SPAM (Unsolicited Commercial E-mail) SmallBusinessPoint in no way participates in mass unsolicited e-mailing (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 Affiliate Program, with no refund.
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| LIMITED LIABILITY |
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We will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with the agreement or the software program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.
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| DISCLAIMER |
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We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the bpVision Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of the United States and the State of Nebraska, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Nebraska, and you irrevocably consent to the jurisdiction of such courts. 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.
By submitting the Affiliate Application form, you acknowledge that you have read the reseller 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.NO COMMISSION is paid on your initial purchase of any bpVision product. In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own software purchase.
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