site, which details all of the information about the Ancient Tones, as
well as describes all of the various products available (tuning forks,
Workshops, books etc.).
If they choose to purchase any of the products, the
web site automatically credits your Affiliate Number, and the products
are shipped out by SomaEnergetics. Every Quarter that you have referral
sales, you receive a check, based on 10% of the total sales that your
website referrals generated that quarter. Simple, and a Win-Win for
everyone! Again, if you are interested in participating, call Tim at
937-912-9229 for details. Restrictions apply.
(Note: This is NOT a multi-level marketing program).
Affiliate Terms and Conditions
This Agreement contains
the complete terms and conditions that apply to
an individual's or entity's participation in the
SomaEnergetics.com Associates Selling Program (the
"Program"). As used in this Agreement, "we"
means SomaEnergetics.com, Inc., and "you" means the
applicant. "Site" means a World Wide Web site
and, depending on the context, refers either to
SomaEnergetics.com's site located at the URL
www.SomaEnergetics.com, or to the site that you will
link to our site (and which you will identify in
your Program application).1. Enrollment in
the Program
To begin the enrollment process, you will submit
a complete 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
(in our sole discretion for any reason(s)) that
your site is unsuitable for the Program.
If we reject your application, you
are welcome to reapply to the Program at
any time. You should also note that if
we accept your application and your site
is thereafter determined (in our sole
discretion) to be unsuitable for the
Program, we may terminate this
Agreement.
2.Links on Your Site
Once you have been notified that your site has
been accepted into the Program, you may provide
on your site your personal AFFILIATE ID links to
our site. Your AFFILIATE ID link(s) will be
automatically directed to our home
page.
3.Order Processing
We will process Product orders placed by
visitors who follow your AFFILIATE ID Link(s)
from your site to our site. We reserve the right
to reject orders that do not comply with any
requirements that we periodically may establish.
We will be responsible for all aspects of order
processing and fulfillment. 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 the AFFILIATE ID
Link(s) from your site to our site and will make
available to you reports summarizing this sales
activity.
4.Referral Fees
We will pay you 10% of the purchase price of
each product on our web site. For a Product sale
to be eligible to earn a referral fee, the
customer must follow a AFFILIATE ID Link(s) from
your site to our site, view and purchase the
Product any time within the associate shopping
area within 30 days of the initial visit
using our secure ordering system, accept
delivery of the Product at the shipping
destination, and remit full payment to us.
6.Referral Fee Payment
We will pay you referral fees on a
quarterly basis. Approximately 10 days
following the end of each quarter, we
will send you a check for the referral
fees earned on the sales of Products
generated by your visitors through your
AFFILIATE ID Link(s).
7.Policies and Pricing
Visitors who buy products through this
Program will be deemed to be customers
of SomaEnergetics.com. Accordingly, all
SomaEnergetics.com rules, policies, and
operating procedures concerning customer
orders, customer service, and product
sales will apply to those customers. We
may change our policies and operating
procedures at any time.
8.Identifying Yourself as an
Associate
You may not make any press release with
respect to this Agreement or your participation
in the Program without our prior written
consent, which may be given or withheld in our
sole discretion.
9.Responsibility for Your Site
You will be solely responsible for the
development, operation, and maintenance of your
site and for all materials that appear on your
site. For example, you will be solely
responsible for: the technical operation of your
site and all related equipment creating and
posting the appropriate AFFILIATE Link(s) with
the graphics images/logos and text.
10.Term of the Agreement
The term of this Agreement will begin upon our
acceptance of your Program application and will
end when terminated by either party. Either you
or we may terminate this Agreement at any time,
with or without cause, with giving the other
party written notice of termination. Upon the
termination of this Agreement for any reason,
you will immediately cease use of, and remove
from your site, all links to our site, and all
SomaEnergetics.com trademarks, trade dress and logos,
and all other materials provided by or on behalf
of us to you pursuant hereto or in connection
with the Program.
11.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 our site. Modifications
may include, for example, changes in the scope
of available referral fees, referral, 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.
12.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 anything in this
Section.
13.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 this Agreement.
14.Disclaimers
We make no express or implied warranties or
representations with respect to the Program or
any products sold through the Program
(including, without limitation, warranties of
fitness, merchantability, noninfringement, 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 site will be uninterrupted or
error-free, and we will not be liable for the
consequences of any interruptions or errors.
15.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.
16.Miscellaneous
This Agreement will be governed by the laws of
the United States and the state of Pennsylvania,
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 Allentown, Pennsylvania, 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.
