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Broad Perception LLC
Affiliate Program Terms and Conditions
By signing up for our affiliate
program, you agree and accept the following terms and conditions
Back to the affiliate sign up page
THE FOLLOWING DESCRIBES THE TERMS AND
CONDITIONS UPON WHICH ALWAYSPROUD.COM OFFERS YOU PARTICIPATION WITHIN
ALWAYSPROUD.COM'S AFFILIATE PROGRAM. BY APPLYING AND PARTICIPATING IN THE
AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS HEREIN. ACCEPTANCE OF
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND
ALWAYSPROUD.COM THAT YOU WILL USE THE WEBSITE, LINKS AND ALL OTHER PROPERTY
OF ALWAYSPROUD.COM ONLY IN A MANNER THAT IS CONSISTENT WITH THIS AGREEMENT.
This agreement (“Agreement”) is by and
between Alwaysproud.com a division of Broad Perception LLC (“Alwaysproud.com”,
“we” or “us” and “our” shall be construed accordingly) and you (“Affiliate”
or “you” and “your” shall be construed accordingly) (each individually a
“Party” and collectively the “Parties”) as an online Affiliate in
Alwaysproud.com’s Affiliate Program and the establishment of links from your
affiliate web site (“your site” or “Affiliate site”) to our web site,
www.Alwaysproud.com (“our site” or “www.Alwaysproud.com”).
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The following agreement is between the reseller and Always
Proud a division of Broad Perception LLC.
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All of the following terms and conditions must be adhered
to and are legally binding immediately upon agreement. Broad Perception
LLC reserves the right to terminate any agreement upon their discretion
for any reason, including fraud and spam suspicion.
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To begin the enrollment process, you shall submit a
complete Affiliate Program application. The Program is designed for
participants aged 18 and above who can form legally binding contracts
under applicable law. By accepting this Agreement and participating in the
Program, you acknowledge that you are age 18 or above. We may reject your
application if we determine (in our sole discretion) that your site is
unsuitable for the Affiliate Program for any reason, including, but not
limited to, inclusion of content that is in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically, or
otherwise objectionable. If we reject your application, you are welcome to
reapply to the Affiliate Program at any time subject to the removal of any
content that may have been found objectionable to Alwaysproud.com.
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You can send traffic any way you want through links to our
website. You may link pictures or text directly with your linkid. If you
plan on sending emails with your linkid, you must contact us for
permission first. Spamming will result in the forfeit of all profits. You
may NOT place links on any newsgroup
postings.
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Payees will be paid a commission of 10% on product totals.
Shipping and handling fees are not included in commission payouts.
Commission checks are mailed quarterly. Checks are only sent if
commissions total $25.00 or more. If your commission balance is less than
$25.00, the amount will be carried over to the next quarter until the
minimum payout is met.
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We shall be responsible for providing all information
necessary to allow you to make appropriate Links from your site to our
site. We shall be solely responsible for processing every order placed by
a customer following a special Link from your site to our site, for
tracking the volume and amount of sales generated by your site, and for
providing information to you regarding sales statistics via our reporting
platform. We shall be responsible for order entry, payment processing,
shipping, cancellations, returns, and related customer service.
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Resellers will have access to the same stats that our
check-cutting system uses.
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SPAMMING WILL NOT BE TOLERATED!
Reports of spamming should be directed to
spam@alwaysproud.com and will be
dealt with accordingly. All payouts will be forfeited, and the user will
be deleted. Do not spam -- we will NOT pay you if you do. This includes
spamming of email, newsgroups, Instant Messenger services, etc.
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If, at any time, we discover that you are
using your affiliate relationship with us for any reason other than as
mutually intended under this Agreement, your relationship with us shall be
immediately terminated and we reserve the right (without limiting any
other rights or remedies available to us) to withhold any referral fees
otherwise payable to you under this Agreement.
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Broad Perception LLC will not be held responsible for loss
due to downtimes resulting from complications with your hosting equipment,
our hosting equipment, or technical errors on either our end or yours.
This includes incorrect linking codes on your side. Reseller should verify
that linking codes do work.
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Broad Perception LLC reserves the right to cancel this
program at any time with 30 days notice.
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If you violate this agreement in any way, funds will be
held for an investigation period. If it is determined that you have
cheated or spammed in any way, funds will not be paid out.
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Advertisers whose account has been terminated must contact
Broad Perception LLC if they wish to join again.
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Customers who buy products through this program will be
deemed to be customers of Broad Perception LLC. Therefore, all Broad
Perception LLC rules, policies and operating procedures concerning
customer orders, customer service and product sales apply to these
customers. We may change our policies and operating procedures at any
time. For example, we will determine the prices to be charged for products
sold under this program in accordance with our own pricing policies.
Product prices and availability may vary from time to time. Because price
changes may affect products that you already have listed on your site, you
may not include price information in your product descriptions. We cannot
guarantee the availability or price of any particular product.
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Only products that we choose to offer through our website
(“Products”) that are (a) sold by us, (b) purchased by users linking to
our site from your site (as an approved affiliate) pursuant to a Link
(“Linked Users”), (c) delivered to a customer, and (d) for which we have
received full payment shall qualify for a referral fee payment (each, a
“Qualifying Purchase”). For each Qualifying Purchase, a referral fee will
be paid on the amount of the order less taxes, duties, shipping, discounts
and/or promotions, amounts returned for credit card fraud, bad debts or
for returned goods, chargebacks and any royalty paid on Alwaysproud.com
products. Referral fees will only be paid in US dollars. If a product that
generated a referral fee is returned by the customer, we will deduct the
corresponding referral fee from your next payment. If there is no
subsequent payment due you will be billed for and required to repay the
referral fee. Affiliate Program referral fee percentages will be as
displayed in your affiliate account.
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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 discretion. You may not in
any way misrepresent or change the relationship between you and us or
express or imply any relationship between us and you or any other person
or entity except as an affiliate of Broad Perception LLC.
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Broad Perception LLC reserves the right to change the
payout within 10 days notice. If we do, you will be notified 10 days in
advance.
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Broad Perception LLC reserves the right to deny any person
an affiliate membership for any reason, and to terminate any agreement at
any time. This is used in case an individual is spamming or doing other
shady/illegal activities.
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You may post as many links as you wish on pre-approved
websites.
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Through the application process, you shall have the
opportunity to register an email address and password and shall have the
ability to enter a password-protected site to receive your sales
statistics on a daily basis.
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All funds are paid by check in US funds to the address in
your account.
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Our third party tracking and log files will prevail in
determining the number of sales.
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Refunds, cancelled items, duplicate orders, cancelled
orders and charge backs will be removed from revenue stream for the
affiliate. We have a 30-day refund policy - and if the customer decides to
return any or all products, we will deduct that sale from your month end
report.
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Customers who buy products at our site through the
Affiliate Program shall be deemed to be customers of Alwaysproud.com.
Accordingly, all of our rules, policies, and operating procedures
concerning customer orders, customer service, and Alwaysproud.com. product
sales shall apply to those customers. We may change our policies and
operating procedures at any time and from time to time. For example, we,
in our sole discretion, shall determine the prices to be charged for
Alwaysproud.com. products sold under the Affiliate Program in accordance
with our own pricing policies.
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The action of sending any clicks from any URL that
contains and/or promotes the following content is a violation of this
agreement: child pornography, beastiality, warez, password selling or
trading, SPAM, hate, violence, or any other shady or illegal practice.
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If you SPAM, your account will be
entered into our blacklist. We share that blacklist with other programs.
You will never be allowed to re-join and all funds will be forfeited. You
will not be given a second chance and your account will be deleted. DO NOT
SPAM.
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Any attempt to mislead or defraud us in any way will
result in termination of your account and all commissions will be
forfeited.
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You shall not create, publish, distribute, or permit any
written material that makes reference to us without first submitting such
material to us and receiving our prior written consent.
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You shall be solely responsible for the development,
operation, and maintenance of your site and for all materials that appear
on your site. Such responsibilities include, but are not limited to, (1)
the technical operation of your site and all related equipment; (2)
creating and posting product descriptions, and references on your site and
linking those descriptions to our site; (3) the accuracy and propriety of
materials posted on your site; and (4) ensuring that materials posted on
your site do not violate or infringe upon, without limitation, the
copyrights, trademarks, privacy or other personal or proprietary rights of
any third party. Your site shall not (i) violate or infringe upon the
rights of any third party, (ii) be libelous, (iii) advocate or promote
violence, (iv) promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, or (v) otherwise be
illegal.
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We disclaim all liability for all development,
operational, maintenance and content matters related to your site.
Further, you shall indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, attorneys' fees)
relating to the development, operation, maintenance, and contents of your
site.
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You and Alwaysproud.com are independent contractors, and
nothing in this Agreement shall create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the parties. You shall have no authority to make or accept any
offers or representations on our behalf. You shall not make any statement,
whether on your site or otherwise, that reasonably would contradict
anything in this Section.
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WE SHALL 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 AFFILIATE 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
AFFILIATE PROGRAM SHALL NOT EXCEED THE TOTAL REFERRAL FEE PAYMENT(S) PAID
OR PAYABLE TO YOU UNDER THIS AGREEMENT.
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Signups generated as a requirement to access goods or
services on another site will result in termination of your account and
all funds will be forfeited.
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Payment will be made quarterly in US Funds on accounts
that exceed $25 in profits. Less than $25 in revenue to be paid will be
brought over to the next quarter until at least $25 is earned - at which
time, the affiliate will be paid. For affiliates outside the US and
Canada, payments will only be made on affiliate profits over $100 - this
is to reduce banking costs for both affiliates and Broad Perception LLC.
If you have any questions, please contact support - affiliate@alwaysproud.com
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You agree to have a valid email address on file accepting
notices of change to the affiliate program. If you opt-out of affiliate
mailings, your account may be deactivated.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
By Signing Up For Broad Perception LLC Affiliate Program,
you Acknowledge That
You Agree To and Understand the Above Terms and Conditions
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Affiliate Sign Up Page |
