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Initforlife.com Affiliate Agreement

 
This Affiliate Agreement (Agreement) contains the complete terms and conditions between Performance Support Systems, Inc., (PSS, we, us or our), owner of Initforlife.com, and you, regarding your participation as an Affiliate of Initforlife.com (Affiliate, you or your). By submitting the Affiliate Application, you accept the terms and conditions of this Agreement and shall be legally bound by them.

1. Introduction
PSS is the sole and exclusive owner of all rights, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, tradenames and trademarks, namely, Initforlife.com, MindFrames and Framicon, including all current and future versions thereof.

PSS intends to sell and distribute assessments, reports and services (Product) electronically using, in part, third party affiliates who refer customers to Initforlife.com, where the Product will be offered for sale.

If, in the future, PSS sells any other goods or services through the Initforlife.com website, such goods or services shall be included in the defined term "Product," and this Agreement shall then also apply to such goods or services.

2. Term
The term of this Agreement shall begin upon our receipt of your Affiliate Application and shall end when terminated by you or us. You or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn a commission on sales occurring during the term of the Agreement.

3. Affiliate Program Enrollment
To become a participant in the Initforlife.com Affiliate Program (the Program), you must be at least 18 years of age and submit a completed Affiliate Application. Only one affiliate may represent an organization or web site. When we receive the completed Application, we will send you an email verifying your username, password and unique Affiliate Code. In order to receive commission payments, you must also complete IRS Form W9 (US citizens or corporations) or W8BEN (foreign citizens or corporations), found in the Affiliate Information Center.

4. Setting Up Links
Your Affiliate Code will link your referred visitors to the Initforlife.com site. We will provide banner advertisements, links and text that you may display on your website, if you have one, as long as you are an Affiliate. In using the links, you agree that you will cooperate fully with us in order to establish and maintain these links. You shall display these graphic images prominently throughout your website as you see fit. Links connecting users of your website to Initforlife.com will in no way alter the look, feel or functionality of Initforlife.com. We have the right, in our sole discretion, to monitor your website at any time to determine if you are in compliance with the terms of this Agreement.

5. User Registration
The first time a visitor registers on Initforlife.com using your link or Affiliate Code, that person (user) will be permanently linked to your Affiliate Code in our database. You will receive commissions on all first-time and future purchases of that person as long as you are an active Affiliate and as long as that person is a registered user of Initforlife.com. We will take every precaution to ensure any and all future sales from that user will be credited to you.

6. Customer Defined
Individuals who purchase the Product through Initforlife.com shall be deemed to be our customers and you shall refer all Product-related questions, requests or queries to us.

7. Order Processing
All aspects of order processing and fulfillment, including customer service and payment processing, will be our responsibility. We will track the amount of sales generated by your referred users and will make this information available to you through our affiliate program management system located in the Affiliate Information Center. To enable accurate tracking, reporting, and commission accrual, you must ensure that you give people your correct Affiliate Code and that the links between your website and our website are properly formatted.

8. Returns
The MindFrames reports and other services on Initforlife.com are virtual commodities. They are consumed as they are used and therefore are non-returnable, and purchases are non-refundable.

9. Commissions
We will pay you 25% commission for all purchases made by Initforlife.com users who have registered on the Initforlife.com site using the link from your website or Affiliate Code. The commission is based upon the paid selling price of the purchased Product.

When you refer an individual or organization to the Program and this entity signs up as an Affiliate, the new Affiliate becomes your sub-Affiliate. You will receive 5% of the sales for all purchases made by registered users of the sub-Affiliate as long as you and your sub-Affiliate remain active Affiliates of Initforlife.com.

The maximum allowable commission per sale for an Affiliate is 25%. You may not sign up as a sub-Affiliate under your own name or organization.

10. Payment
We will pay you your commission by check within 20 days following the end of each month. We will pay you for the commission earned on the products purchased during the preceding month. If the commissions payable to you for any month total less than $50 (US), we will hold the commissions until such time as your commissions earned equal at least $50 (US).

Payments will be made only after IRS Form W9 or W8BEN has been completed and returned to us.

11. Termination
This Agreement shall automatically terminate if the Affiliate has no sales during any 12 consecutive months. PSS will notify you in writing of the termination of this Agreement. In such cases, PSS will pay any unpaid commissions earned by the Affiliate up to that date, regardless of the amount, by the 20th of the following month.

You or we may also 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, you will immediately stop use of, and remove from your website, all links and information and all materials licensed or created by us and/or provided on behalf of us.

12. No Spam
You agree that you will not use spam in promoting Initforlife.com. Using spam will result in the immediate termination of your account, and all commissions due to you will be forfeited. You will also be subject to legal action, and be held liable for any financial loss incurred by the Initforlife.com site. Any service interruptions to Initforlife.com as a result of your spamming will be billed to you at $200 (US) per hour until service is restored.

Spam is defined as emailing anyone about Initforlife.com, in bulk or by single mailing, who has not specifically requested the information directly from you. The only exceptions to this are mailing to appropriate opt-in mailing lists where the source does the mailing on your behalf; and including information on Initforlife.com in email acknowledgement messages for orders and inquiries that you receive, as long as it is stated upfront that you will be sending them an acknowledgement.

We also consider any type of advertisement about Initforlife.com posted to a newsgroup or chat room or in a chain letter to be spam.

13. Non-Exclusive Limited License and Use of Initforlife.com Logos and Trademarks
We grant you a non-transferable, non-exclusive, revocable license to access our website through links established solely as set forth under the terms of this Agreement and to use our logos, tradenames, trademarks, service marks and similar identifying material, solely for the purpose of selling products on your website. PSS must pre-approve any changes to the banner ads, text, links or other materials. You may only use the banner ads, text, links or other materials if you are a member in good standing of the Affiliate Program. You may not use any provided materials for purposes other than selling our products. We reserve all of our rights in the banner ads, text, links and other materials and all other intellectual property rights. You acknowledge that, except for the license expressly granted in this Agreement, you have not acquired and shall not acquire any right, interest or title to the banner ads, text, links or the other materials by reason of this Agreement or through the exercise of any rights in the banner ads, text, links or the other materials granted to you under this Agreement. This license shall expire upon the effective date of the termination of this Agreement.

14. Obligations Regarding Your Website
You are solely responsible for the technical operation of your website and all related equipment; the cost and expense related to operating your site; creating and posting product descriptions on your website and linking those descriptions to our site; the accuracy and appropriateness of materials posted on your website; for ensuring that materials posted on your website do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that materials posted on your website are not libelous or otherwise illegal.

You agree that your website will not, in any way, copy or resemble the look and feel of our website nor will you create the impression that your website is our website or is a part of our website. You also agree that your website will not contain any content of our website or any materials which are proprietary to Initforlife.com, except with our prior permission; or materials obtained by you via the Initforlife.com Affiliate Information Center. You further agree that your domain name does not and will not contain the words "initforlife," and/or "Initforlife.com" or any variation, such as "in it for life.”

You will not display Initforlife.com prices on your website.

You are solely responsible for all materials that appear on your site, and you shall strictly adhere to all applicable laws and regulations in conducting your business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, you shall not display on your website any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful. Display of such materials will result in the immediate termination of your account and all commissions due to you will be forfeited.

You will not use any predatory advertising methods designed to generate traffic from other websites. Predatory advertising is defined as any method that creates or overlays links or banners on websites, spawns browser windows, or any method invented to generate traffic from a website without that website owner's, knowledge, permission, and participation. Predatory advertising will result in the immediate termination of your account and all commissions due to you will be forfeited.

15. 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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.

16.Relationship of Parties
You and PSS are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf or make any statement, whether on your website or otherwise, that reasonably would contradict anything in this paragraph.

You shall be responsible for all taxes and other similar levies applicable to the commission pursuant to any law or regulation. You shall report your commissions to your taxation authorities as required by law.

17. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any products or other items sold through the Affiliate Program, including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

18. Independent Investigation
You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You understand that we may at any time, directly or indirectly, solicit customer sales on terms that may differ from those contained in this Agreement or operate websites that are similar to or competitive with your website. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

19. Entire Agreement
This Agreement is the entire agreement between us with respect to the Initforlife.com Affiliate Program, and no statement or inducement with respect to the Program which is not contained in this Agreement shall be valid or binding between us.

20. Severability
If any provision, term, condition, covenant, restriction or other portion of this Agreement shall be held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining portion shall remain in force and effect.

21. Modifications
PSS may modify this Agreement as needed at any time and in our sole discretion, and you agree that any such amendment will apply to you. We will email you when changes are made and post the new Agreement on the Initforlife.com website. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. The continuation of Affiliate status or your acceptance of payments will constitute your binding acceptance of any and all modifications.

22. Miscellaneous
This Agreement will be governed by the laws of the United States and the Commonwealth of Virginia, without reference to rules governing choice of laws. Any action relating to this Agreement, or arising out of any matter pertaining to this Agreement must be brought before the federal or state courts located in Newport News, Virginia, 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 be enforceable against the parties and the 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.