This agreement
describes the entire terms and conditions for participation in the NMOA
Affiliate Program.
In this agreement, the
term "Affiliate" refers to you (the applicant).
Wherever the agreement refers to "you" or "your", it
means "the Affiliate"; "we" or "our"
refers to the National Mail Order Association, LLC (NMOA)
Affiliate Site
The National Mail Order
Association will create a unique Affiliate ID for you when you submit and
we approve a complete Affiliate Application Form.
Commissions
A: As an NMOA
Affiliate, you will receive a 20% commission
for every new NMOA member that is generated from your Affiliate
Site.
B: Other commissions on
non-membership products range from 10-50% of each sale.
Commissions will be paid
only on sales that are made through qualified Affiliate Sites.
Payment
The National Mail Order
Association will send a check for the applicable commissions within approximately
15 days after the end of each calendar month. Cancellations: If a
membership that generated a referral fee to you is cancelled or if there
are any returned checks or credit card charge backs, the appropriate
amount will be deducted from the next monthly payment. If there is
insufficient offsetting payment owed to the affiliate, the affiliate
will be invoiced.
Order Fulfillment
The National Mail Order
Association will be solely responsible for processing every order placed
by a customer on the Affiliate Site.
Customers
New members that are
generated through the Affiliate Program will be deemed to be customers
of the National Mail Order Association. Accordingly, all National Mail
Order Association rules, policies, and operating procedures concerning
customer orders and service will apply to those customers. 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. National
Mail Order Association policies will always determine the price paid by
the customer.
Qualification for
Commissions
Affiliates must have an
active link from their website to the National Mail Order
Association site in order to qualify for commissions.
Qualifying Sites
The National Mail Order
Association reserves the right not to accept any site into the
Affiliate Program based on site content.
Sites that do not qualify
for the National Mail Order Association Affiliate Program include sites
which:
Mass E-mailings or SPAM
The National Mail Order
Association abides by the recommendations set forth by the Direct
Marketing Association for unsolicited e-mail marketing (click
here
to view) and all Affiliates are expected to adhere to this policy as
well. Violation of this policy will result in the termination of this
contract and immediate dismissal from the National Mail Order
Association Affiliate Program.
Relationship of Parties
Affiliates 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
The National Mail Order
Association 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.
Disclaimers
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 Sites 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, shall be submitted to arbitration under the rules of
the American Arbitration Association, and the finding of the Arbitrator
shall be binding on all parties. 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.
By submitting the
Affiliate Application Form, 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.
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