| Please read
the agreement document below before registering.
I
accept these terms and wish to register.
1)
Term of the Agreements: The term of this Agreement will begin upon our
acceptance of your Affiliate application and will end when terminated by either
party. Either 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 referral fees on sales occurring during the term.
2)
Referral Commissions and Payments Procedures: The amount of
referral commissions due to affiliates will be as follows: For a
sale, which we make as a result of a direct referral by an affiliate,
that affiliate will receive a commission fee of 12% of the selling
price of the product sold. Please note that commission will exclude
tax and shipping charges.
A commission will only be credited to an affiliate after the customer
has made full payment to company. If a customer later requests a
refund or a chargeback is issued by the credit card holder whose
credit card was used to pay for that customer's account, any commissions
that were credited to affiliates will be deducted from the next
monthly payment. If there is no next monthly payment, the affiliate
will be billed and hereby agrees to be bound by law to reimburse
APEC in full for any such commissions. Payments will be issued via
check only, made payable to the affiliate in the name the affiliate
submits in his or her online registration, and mailed to the mailing
address provided by the affiliate. Affiliates must have accumulated
commissions of at least $25 for a given payment period before a
check will be issued. If commissions are less than $25 for a given
month, the commissions will be held over till the next month. This
will continue until the commissions accumulate to more than $25.
3)Payment
Schedule: APEC will pay Affiliate thirty days (30) after the
end of each calendar month for all commissions earned during the
prior month, (for example, if you made a commission on Feb. 15,
we will send out your check on March 30) less any amount APEC determines,
in its sole discretion, was not validly earned from proper use of
the links on affiliate's web site.
4)
Modification: We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on this site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment procedures
and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE. 5)
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 referral fees
paid or payable to you under to this Agreement. 6)
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 WEB SITES THAT ARE SIMILAR TO OR
COMPETE 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 OTHER THAN AS SET FORTH IN THIS AGREEMENT. 7)
Miscellaneous: This Agreement will be governed by the laws of the United
States and the State of California, 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 Los Angeles, California, 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 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.
I
accept these terms and wish to register.
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