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GoTryThis.com Affiliate Agreement Statement

Affiliate Agreement

Definitions. The definitions of terms used throughout this Agreement can be found in the License/Terms and Conditions, which is incorporated herein as if it were set forth in full. Each participant in the Affiliate Program offered by Green Web Services expressly agrees to this Affiliate Agreement. By registering for the Affiliate Program, you are agreement to this Affiliate Agreement and you consent to your electronic signature being as effective as if it were in writing. In the event you do not agree to this Affiliate Agreement, please do NOT register for the Affiliate Agreement!

NOTICE: THIS IS A CONTRACT. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR THIS AFFILIATE PROGRAM, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AFFILIATE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.

Affiliates. Each Affiliate is an Independent Contractor of Green Web Services and not an employee. Nothing herein is intended to create an employer/employee relationship.

Commissions; Referral Fees. Whenever someone orders through your Affiliate link, your affiliate ID is credited with a referral fee. The commission/referral fee amount may vary from affiliate to affiliate or from product to product. The rate at which your commission is paid can be found in the affiliate area of our website.

Before any Affiliate may be a sent a commission check, Green Web Services may require the Affiliate to submit to Green Web Services identification information. Such identification information shall include, at a minimum, a copy of a government issued, picture, identification card (for example, a driver’s license). These documents shall be emailed or faxed to Green Web Services. Should Green Web Services require such identification information, you will not receive any payment of commission/referral fees until such time as you submit the required documentation to Green Web Services.

Income Tax liabilities. Affiliate agrees that Affiliate is acting as an independent contractor and as such is responsible for any or all Canadian, United States, State, or foreign Income Taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of Canada, Green Web Services may withhold the appropriate income tax applicable to foreign nationals, prior to your receipt of any commissions, if required to do so by law.

Commission schedule. Commissions are paid once per month by payment processor on the 26th of the month for sales made from the 1st through the 31st of the prior month, and are paid by Green Web Services.

There is a minimum commission amount of $25.00 USD. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.

We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.

If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.

All commissions are paid in US Dollars by PayPal or bank draft. Affiliates requesting bank drafts will have a processing fee of $10.00 deducted from the check. This fee may change at any time.

Each Affiliate is responsible for selecting the payment processor through which to receive their commissions/referral fees, from the payment processors supported by Green Web Services. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, Green Web Services is not responsible for your not receiving the money. Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by Green Web Services. This election is entirely made by the Affiliate and Green Web Services assumes no responsibility for non-receipt of payments made according to the payment processor elected by the Affiliate, or the Affiliate's lack of ability to then conform to the payment processors or processes supported by the Green Web Services. Green Web Services assumes no responsibility for an Affiliate not electing a payment processor. If an Affiliate fails to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.

Mixing of Products. As an Affiliate of Green Web Services, your website on which you advertise any products of Green Web Services may only include products that are not capable of being viewed by persons 13 years of age or younger if Green Web Services specifically allows such products. Your website may NOT contain any content or images that are NOT capable of being viewed by persons 13 years of age or younger if you include any reference whatsoever to Green Web Services, its websites, its Products, or your Affiliate Link. On any website on which you include any reference whatsoever to Green Web Services, its Products, websites or your Affiliate Link, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will result in immediate termination of your Affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for Green Web Services, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that or Green Web Services may incur.

Payment Processor Fees. All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rates listed on the commission schedule are then applied to determine the amount due the Affiliate. Any sums paid for payment processor fees are not commissionable. Green Web Services may also charge a per transaction fee for every transaction processed.

SPAM; Unsolicited Commercial Email (UCE). Green Web Services does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to Green Web Services, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each Affiliate. Any Affiliate who, in the opinion of Green Web Services, breaches this rule will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

Unprofessional conduct. Green Web Services and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings the Green Web Services or their employees, Partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

Green Web Services reserves the right to reject any affiliate application if in Green Web Services' opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who either Green Web Services prefer not to be associated with.

Affiliate Sales/Tracking. After signing up for the Affiliate Program you will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.

In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Green Web Services allows masking or cloaking but You must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.

Term; Termination. This Agreement will begin upon your signup with the affiliate program and will end when either you or Green Web Services terminates your Affiliate status, or if your account is inactive in any continuous twelve month period. The Affiliate may terminate its agreement at any time, and for any reason, by writing to - or emailing - Green Web Services at the email address listed on the website. The Affiliate may not transfer this Agreement, or any rights conveyed in this Agreement, to any third party whatsoever.

Green Web Services may also terminate this Agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate's Profile, with 30 days notice. Green Web Services may transfer this Agreement to any party whatsoever, at any time, and this Agreement shall remain in full force and effect, without notice to Affiliate. However, if this Agreement should terminate for cause due to violation of this Agreement or the Terms and Conditions, this Agreement shall terminate immediately and Affiliate shall forfeit all right to any commissions then due.

Rights to modify agreement. Green Web Services, and its associated companies may, in good faith, modify any of this Agreement and/or the Terms and Conditions (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. The Affiliate's continued participation in the Affiliate Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.

If any modification to this Agreement is not acceptable to the Affiliate, Affiliate's only recourse is to terminate this Agreement. Upon termination of this Agreement, the former Affiliate must remove all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

No Misuse. It is understood that any individual that uses Green Web Services system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of Green Web Services. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums paid (for any Product(s)) and any sums payable as and for commissions will be withheld All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, SHALL BE HELD LIABLE for any loss sustained by Green Web Services, or its associates due to such action.

As Is Only. There is no warranty or guarantee of any kind with respect to the Green Web Services Products or system as far as reliability, stability, quality or dependability. This means that Green Web Services, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of Green Web Services website or Product(s), or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.

Fees. Affiliates shall be charged NO FEE by Green Web Services for setting up an account to join affiliate programs or to join any program.

Electronic Communications; Email. Green Web Services requires your primary email address be listed in your Affiliate Profile. Affiliates will not be able to use the website or participate in the Affiliate Program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Green Web Services email address. When you visit Green Web Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you are a Green Web Services Affiliate, you understand that you may NOT opt out of any emails that you receive from Green Web Services. As an Green Web Services Affiliate, you must continually have a valid email account on file with Green Web Services or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.

Unauthorized charging or receipt of payments through the Sites. No Affiliate, or other person or entity may use the website, or Green Web Services payment processing system, for private transactions. Any revenue collected through the website or through the Green Web Services payment processing system may become the sole property of Green Web Service . Any revenue collected through the Green Web Services payment processing system may become the sole property of Green Web Services. Specifically, Green Web Services Affiliates may not link to the website for processing of products or services that are not wholly sponsored by Green Web Services and authorized by Green Web Services and further, may not link to the website for processing of any products beyond what Green Web Services has identified as saleable products for the website and specific Green Web Services sales. Violators will be prosecuted to the fullest extent of the law.

Affiliate Identification Numbers. You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold Green Web Services harmless in the event that any such information is shared by you with any other person or entity whatsoever.

Liability. Green Web Services will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. Green Web Services makes no claim that the operation of the websites or Green Web Services network will be error-free nor will Green Web Services be held liable for any interruptions or errors.

Miscellaneous.

a) If any part of this Agreement or the Terms and Condition is declared void, this Agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No Affiliate may assign or sublicense this Agreement without Green Web Services' prior written consent.

b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an Affiliate will be payable by the Affiliate. Any sums not collected from the Affiliate or Affiliate's customer are not commissionable, and any fees incurred during processing or handling of sales made by the Affiliate will be deducted in whole from any commissions due to the Affiliate. Further, in the event that the commissions due the Affiliate are insufficient to cover any sums, the Affiliate agrees to pay the full amount to Green Web Services.

c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, GREEN WEB SERVICES'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).

d) To the extent you have in any manner violated or threatened to violate Green Web Services’s intellectual property rights, Green Web Services may seek injunctive or other appropriate relief in any state or United States federal court in the State of Indiana, USA and you consent to exclusive jurisdiction and venue in such courts. Use of Green Web Services website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Green Web Services as a result of this agreement or use of the website and/or the eBook(s) and/or the Software. Green Web Services's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Green Web Services's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

e) This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and The United States of America applicable to agreements made and to be performed in the State of Indiana and in The United States of America. You agree that any legal action or proceeding between Green Web Services and you for any purpose concerning this Agreement or the parties' obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.

f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between Green Web Services and you, in Lake County, Indiana, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

In no case shall You have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

g) Any cause of action or claim you may have with respect to the website, the products, the Services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. Green Web Services 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Green Web Services may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

h) Green Web Services may modify this Agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

i) Green Web Services may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of Green Web Services to transfer any such rights or responsibilities. Any transfer by Green Web Services shall cause this Agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.

j) Should this Affiliate Program be deemed illegal in any jurisdiction, Green Web Services has the right to immediately terminate this program, without recourse. If the payment processors utilized by Green Web Services determine that sales made through Affiliates cannot be processed through the payment processor, then Green Web Services has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that Green Web Services will always offer any affiliate program, or this Affiliate Program, for all products, services, and/or opportunities sold by Green Web Services on the websites or that Green Web Services will offer any affiliate program whatsoever.

Any rights not expressly granted herein are reserved.