This agreement describes the entire terms and conditions for participation in the InterAnalyst Affiliate Program.
In this agreement, the term “Affiliate” refers to you (the applicant/affiliate). Wherever the agreement refers to “you” or “your”, it means “the Affiliate”; “we” or “our” refers to InterAnalyst LLC.
The InterAnalyst affiliate program is administered by InterAnalyst. You must be an InterAnalyst Affiliate in order to be credited for commissions earned through referral sales of this program. Please make sure that you have read and understood the policy, terms and conditions of the InterAnalyst affiliate program.
InterAnalyst allows you to create a unique affiliate id when you submit a complete InterAnalyst Affiliate Enrollment Form. You do not need to have a website to be an affiliate; you may use your affiliate URL in email promotions to potential Subscribers.
You will receive a % of the revenue as a commission from orders placed through your unique Affiliate URL links. For a sale to generate a commission to an Affiliate, the Subscriber must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales which are made through qualified Affiliate links. If a sale comes in without an affiliate link it is considered a direct company sale and no commission is calculated.
InterAnalyst will send a commission via PayPal on the 15th of each month. Commissions are calculated on orders older than 45 days; this allows all sales to be final to clear fraud parameters. If any order that generated a referral fee is returned by the Subscriber, or if there are any returned checks or chargeback’s, the amount will be deducted by InterAnalyst from the next payment due affiliate.
InterAnalyst will be solely responsible for processing every order placed by a Subscriber on the Affiliate 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.
Subscribers who purchase products and services through the Affiliate Program will be deemed to be Subscribers of InterAnalyst. Accordingly, all InterAnalyst and InterAnalyst rules, policies, and operating procedures concerning Subscriber orders and service will apply to those Subscribers. 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. InterAnalyst policies will always determine the price paid by the Subscriber.
InterAnalyst reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the InterAnalyst Affiliate Program include sites that:
– promote sexually explicit materials
– promote violence
– promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
– promote illegal activities
– violate intellectual property rights
– send Unsolicited Commercial Email or SPAM it
– use Spyware/Adware
– use misleading advertising such as “InterAnalyst Scam” or “InterAnalyst Lies”
Discovery of such sites promoting the InterAnalyst will be terminated immediately.
InterAnalyst in no way participates in mass unsolicited emailing (i.e. spamming), spyware or adware, and all Affiliates are expected to adhere to this policy. Violation of this policy will result in the termination of this contract and immediate dismissal from the InterAnalyst Affiliate Program, with no refund.
Bottom line: If you spam or use spyware/adware you are out!
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 reasonably would contradict this statement.
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.
Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement will be governed by and construed in accordance with the internal laws of the State of Utah, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
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 signing up and promoting our product as an affiliate, 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.
All material on our web site, including the main sales page, is protected by copyright. That means you CANNOT create a duplicate copy of our web site to promote the product. Duplicating the entire content on our web site (without our express and written consent), is a violation of copyright laws.