This
agreement describes the entire terms and conditions
for participation in The 11th Element
Associates Program. In this agreement, the term "Participant"
refers to you (the applicant), and "sponsoring website"
refers to the website from which you will link to
the Invisible Path Publishing site.
Wherever
the agreement refers to "you" or "your", it means
"the Participant. Whenever it refers to "we" or "our,"
it means to Invisible Path Publishing. The term "course"
refers to The 11th Element home study
course.
You
can add or remove links at any time: You may add
or remove links to our site at anytime and without
prior approval from Invisible Path Publishing.
Referral
Fee Qualifying Courses: Courses sold by Invisible
Path Publishing originating from a special link at
your sponsoring website qualify to earn you referral
fees.
The
following courses will be considered "qualifying courses":
Courses
sold to customers who follow a special link from your
sponsoring website to our site and submit that order
by using Invisible Path Publishing order forms, 800#,
fax number or mailing address.
The
following courses will not be considered qualifying
courses for referral fees:
Courses
sold through any other special link to our site other
than the specific URL that you are assigned to your
sponsoring website.
Referral
Fee Amount: Referral fees for online, faxed orders,
mail in orders, or 800# orders will be paid. Only
qualifying courses that are sold by Invisible Path
Publishing, downloaded by a customer or shipped to
a customer and for which Invisible Path Publishing
has received full payment will qualify for a referral
fee.
Returns
and Cancellations: If a referral fee qualifying
course is later returned by the customer, its referral
fee will be deducted from the next monthly payment
sent to the Participant. If there is no next monthly
payment, the Participant will be billed.
Order
Processing: Invisible Path Publishing will be
solely responsible for processing every order placed
by a customer following a special link from your sponsoring
website. Order entry will use our secure online ordering
process, our 800 phone line, fax line, or mailing
address. Order forms, payment processing, shipping,
cancellations, returns, and related customer service
are the responsibility of Invisible Path Publishing.
All
of the rules, operating procedures and policies of
Invisible Path Publishing regarding customer orders
and accounts will apply to orders we receive through
special links on your sponsoring website. Invisible
Path Publishing reserves the right to reject any order
that does not comply with our rules, operating procedures
and policies
Tracking
of Sales: Invisible Path Publishing will be solely
responsible for tracking sales we make to customers
who follow special links from the sponsoring website.
The Participant will be solely responsible for ensuring
that these special links are formatted properly, a
necessary prerequisite to tracking such sales. Statements
of course sales activity will be provided to the Participant
in real-time with a special URL that they are assigned.
Promotional
Techniques: You are free to promote the link to
Invisible Path Publishing in all the ways we recommend
in the introduction email letter you receive by email
immediately after you sign up.
Examples
of acceptable ways to promote the course are through:
banners, text links, letters of recommendation to
newsletters or to subscribers or your client base.
However, if you use SPAM (in any way, shape or form,
including email and newsgroup spamming), or offer
the course on any WAREZ, CRACK, or SPAM oriented site,
your account will be immediately terminated! Any referral
fees not paid up to the point of termination will
not be paid to you and will be property of Invisible
Path Publishing.
Associates
Signing-Up Under Themselves: We will not tolerate
current associates signing themselves up as sub-associates
under their own assigned referral number in order
to generate the additional commissions for their own
sales. We have extensive tracking software in place
to deter this (which is programmed to look for any
similarities whatsoever in any of our associate records
and flag us). If we find that this ever the case,
the account(s) in question will be immediately terminated
and any referral fees unpaid since our last referral
payout will remain sole property of the Invisible
Path Publishing. To put it bluntly, it's not worth
trying!
Copyrighted
material: As the Participant, you are solely responsible
for ensuring that your reviews, course descriptions
and articles (if applicable at your site) obey all
applicable copyright and other laws. You must have
express permission to use another party's copyrighted
material. Invisible Path Publishing will not be responsible
if you use another party's copyrighted material in
violation of the law.
Invisible
Path Publishing policies apply to all orders:
Every customer who buys a course through this program
is deemed to be a customer of Invisible Path Publishing.
The Participant does not have the authority to make
or accept any offer on behalf of Invisible Path Publishing.
All Invisible Path Publishing policies regarding customer
orders, including course availability, pricing and
problem resolution, will apply to these customers.
Invisible Path Publishing is not responsible for any
representations made by the Participant which contradict
our policies.
Course
prices and availability: The price charged for
every course sold under this program will be determined
by Invisible Path Publishing according to our own
pricing policies. In case of any price discrepancies,
the price charged to the customer will always be the
price listed on Invisible Path Publishing webpage
linked from your sponsoring website. Course availability
can change, and Invisible Path Publishing will present
the best information available to all sponsoring sites
and its clients regarding course availability.
Website
service interruption: Invisible Path Publishing
will make every effort to keep its website operational.
However, certain technical difficulties may, from
time to time, result in temporary service interruptions.
The Participant agrees not to hold Invisible Path
Publishing liable for any of the consequences of such
interruptions.
Trademarks,
Trade Names, & Patents: You hereby recognize
our right of ownership of all Trademarks, Trade Names,
and Patents associated with these services. You will
act consistently with these rights and act to preserve
them in the course of marketing and sales of these
services. We grant you the right to our Trademarks
and Trade Names in connection with marketing and sales
of these services.
Term
of the Agreement: The Participant may receive
referral fee payments on qualifying orders that are
placed during the term of this agreement. This term
will begin on the date that your application is approved
by Invisible Path Publishing, and shall end when canceled
by either party as provided below.
Referral
Fees earned through the date of expiration or cancellation
of this agreement will remain payable only if the
courses are not returned or canceled from their orders.
Payment of the final referral fee payment to the Participant
may be withheld for a reasonable time in order to
ensure that the correct amount is paid.
The
agreement may be modified: Invisible Path Publishing
reserves the right to change any of the terms and
conditions in this agreement, at any time and in its
sole discretion, by posting a new agreement on our
website.
Cancellation
of this agreement: Either Invisible Path Publishing
or the Participant, acting in their sole discretion,
may choose to cancel this agreement at any time by
written notice of cancellation to the other.
Stuff
only lawyers can understand (but it's part of the
agreement):
Warranty
Disclaimer: Invisible Path Publishing makes
no warranties, representations or conditions with
regard to the program or, except as expressly set
forth in Invisible Path Publishing's then current
course sales policies, any courses sold thereunder,
whether express or implied, arising by law or otherwise,
including without limitation any implied warranty
of merchantability or fitness for a particular purpose
or non-infringement or any implied warranty arising
out of course of performance, course of dealing or
usage of trade.
Limitation
of Damages: Invisible Path Publishing shall
have no liability for any indirect, incidental, special
or consequential damages or any loss of revenue or
profits arising under or with respect to this agreement
or the program, even if Invisible Path Publishing
has been advised of the possibility of such damages.
Further, Invisible Path Publishing's aggregate liability
arising under or with respect to this agreement or
the program shall in no event exceed the total referral
fees paid or payable by Invisible Path Publishing to
Participant under this agreement.
Miscellaneous:
Participant and Invisible Path Publishing are independent
contractors and nothing in this agreement is intended
to or will create any form of partnership, joint venture,
agency, franchise, sales representative or employment
relationship between the parties. Participant shall
not assign this Agreement, by operation of law or
otherwise, without the prior written consent of Invisible
Path Publishing. Subject to the foregoing restriction,
this agreement is binding upon, insures to the benefit
of and is enforceable by the parties and their respective
successors and assigns.
Governing
Law: This agreement shall be governed by the laws
of the United States and the state of Florida without
reference to its choice of law principles.
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