INTERNET PowerUp Call™ Affiliates AGREEMENT
WHEREAS, Infinability, LLC - Implementing division (www.powerupcall.com™ hereafter PUC) has established a program to recognize and reward individual (“PowerUp Call™ Affiliates”) who refer new clients to the PUC process.
WHEREAS, PowerUp Call™ Affiliates have the ability and desire to promote and market PUC to third parties not previously clients of PUC,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The PowerUp Call™ Affiliate shall promote PUC in accordance with the current promotional opportunity set forth in Appendix “A,” attached hereto and incorporated herein by this reference. In consideration of such referrals, PUC shall pay to the PowerUp Call™ Affiliate the Commission(s) set forth in Appendix “A.”
2. The PowerUp Call™ Affiliate shall promote and market PUC using only promotional materials supplied by, or purchased from, PUC. The PowerUp Call™ Affiliate acknowledges that such PUC materials are the intellectual property of PUC and are protected by trademark and/or copyright, and may not be reproduced without the express, written consent of PUC. The PowerUp Call™ Affiliate shall submit for approval of PUC, prior to use, any marketing or promotional materials not provided by PUC. PUC shall not unreasonably withhold its approval to such materials, but PUC shall have the exclusive right to determine the acceptability of such materials. PowerUp Call™ Affiliates may purchase PUC materials for their use in marketing on a cost plus 10% basis, plus shipping, unless otherwise agreed in writing.
3. PowerUp Call™ Affiliates shall be compensated only for referrals of new clients not already contained within PUC’s database. PowerUp Call™ Affiliates shall be compensated only for their own referrals and not for subsequent referrals of those individuals unless registered under the PowerUp Call™ Affiliate’s reference number. PowerUp Call™ Affiliates shall not be entitled to referral fees based upon their own PowerUp Call™ registrations.
4. Commissions to which a PowerUp Call™ Affiliate shall be entitled are payable only after the monthly PUC has been paid for in full and the client has completed the month. All PowerUp Call™ Affiliate commission payments shall be made in US dollars. Payment of commissions based upon payment for PUCs or events made in currencies other than US dollars shall be subject to conversion at exchange rates prevailing at the time of payment. Payment of commissions shall not be made until the aggregate amount of commissions earned is at least $50.00.
5. The PowerUp Call™ Affiliate shall maintain a current e-mail address through the PowerUp Call™ Affiliate website. The PowerUp Call™ Affiliate shall be responsible for the accuracy of all PowerUp Call™ Affiliate information entered into the website system. PUC shall not be liable for errors in the entry of PowerUp Call™ Affiliate information by PowerUp Call™ Affiliates or by referred clients when registering for PUC calls PowerUp Call™ Affiliate website link.
7. The PowerUp Call™ Affiliate agrees to file and remit any and all appropriate tax returns and payments due on Commissions paid. The PowerUp Call™ Affiliate agrees to abide by the PUC Anti-Spam Policy (Appendix B).
8. PowerUp Call™ Affiliates acknowledge that in entering into this agreement the parties hereto are independent contractors and entities, and no partnership, agency, employment or representative capacity is created or intended hereby. PowerUp Call™ Affiliates shall not represent themselves to be agents or representatives of PUC.
9. PowerUp Call™ Affiliates may withdraw from the program at any time by notifying PUC, in writing or by email. Withdrawal shall be effective upon receipt by PUC of the PowerUp Call™ Affiliate’s election to withdraw.
10. PUC reserves the right to modify the terms of this Agreement from time to time. The PowerUp Call™ Affiliate shall be notified by email of any material changes to the Agreement. PUC reserves the right at any time, and in its sole discretion, to terminate this Agreement with regard to any individual PowerUp Call™ Affiliate and the right to terminate the Internet PowerUp Call™ Affiliate program in its entirety.
11. Participation in the Internet PowerUp Call™ Affiliate Program shall be considered to be de facto proof of the PowerUp Call™ Affiliate’s acceptance of all of the terms of the Agreement. This agreement sets forth all of the terms of the Internet PowerUp Call™ Affiliate Agreement. No oral or written agreements or understandings not expressly set forth herein shall have any effect. This Agreement shall supersede all previous oral or written PowerUp Call™ Affiliate Agreements, and the terms set forth herein shall be considered controlling. Should any individual term of this Agreement be deemed unenforceable, such invalidity shall not affect the enforceability of any remaining terms and conditions.
12. PUC shall have no liability for any direct, indirect or consequential damages or losses of revenues or profits arising under or relating to this Agreement or the Internet PowerUp Call™ Affiliate Program.
APPENDIX A
CURRENT PROMOTIONAL OPPORTUNITY
PowerUp Call™ Affiliate Commissions – Qualification
Commissions are earned from PowerUp Calls™ which are purchased thru www.PowerUpCall.com by the potential client reaching the site by using the PowerUp Call™ Affiliates personal affiliate link, The PowerUp Call™™ Affiliate will receive $5 the first month, and $5 for each and every month that their referral client continually carries-on with their PowerUp Calls™.
As an Affiliate, you will receive your own personal affiliate link to use in your website, newsletters, and email communications to people who you want to know about PowerUp Call™. When your clients or recipients of your communications click on your affiliate link, they will be taken to the PowerUp Call™ web site and you as an affiliate will be tracked, so whenever they purchase PowerUp Call™, you will be credited with the sale. You will also have access to a special web address where you can review your affiliate sales and even make profile changes such as your email address.
PUC reserves the right to change the amount of Commission, from time to time and shall notify the PowerUp Call™ Affiliates by email in the event of a change in such rate.
PowerUp Call™ Affiliates shall not be entitled to Commissions for referrals on sales for which a refund is made by PUC. Any adjustments necessitated by such refunds shall be reflected on the PowerUp Call™ Affiliate’s next scheduled Commission payment date. Commissions are due and payable only in respect of fully paid and completed PUC months. Commissions on deposits received from individuals who do not do the PowerUp Calls™ shall not be payable.
PowerUp Call™ Affiliate Commissions – Payment Dates
PowerUp Call™ Affiliate Commissions are paid up to 90 days after the item has been fulfilled.
PowerUp Call™ Affiliate Commissions – Delivery Time
The average delivery time of Commission payments is up to two weeks after the payments have been processed. Due to the large number of PowerUp Call™ Affiliates, payments can take up to 60 days after fulfillment to be fully processed.
APPENDIX B
ANTI-SPAM POLICY
Infinability, LLC - Implementing division (www.powerupcall.com™ is committed to permission-based email marketing practices and has established this no-tolerance Anti-Spam Policy for the Internet PowerUp Call™ Affiliate Program. PUC may update this policy from time to time and shall provide email notification of any such changes to participants in such program. Your use your personal PowerUp Call™ Affiliate link constitutes your acceptance of the terms and conditions of this Anti-Spam policy.
Spam is commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. Spam is the opposite of permission-based email.
Spam is not an accepted promotional technique and PUC does not condone or engage in Spam and does not tolerate Spam of any sort. PUC reserves the right, in the exercise of its sole discretion, to determine what constitutes Spam. PUC PowerUp Call™ Affiliates are expressly forbidden to advertise, market or promote PUC programs, products or services via any form of Spam. PowerUp Call™ Affiliates agree to abide by the terms of this Anti-Spam policy.
PUC Internet PowerUp Call™ Affiliates found to be using PUC programs, products, materials or services, in any way to engage in Spam may, at PUC’s election, be terminated from the PowerUp Call™ Affiliate program and, if so terminated, shall forfeit any and all Commissions then due or owing.
PUC shall take any and all reasonable steps necessary to prevent itself and all individuals and entities contained on any of its databases from receiving Spam and will pursue legal action against any individual engaging in the dissemination or distribution of Spam to PUC databases or clients through such databases, websites or links. If any damages of any kind are levied against PUC as a result of unauthorized Spam activities, PUC shall pursue full legal recourse against any individuals or entities responsible therefore under all applicable laws and regulations.
If you believe you have received Spam connected with PUC’s Internet PowerUp Call™ Affiliate Program, send a complaint, including the unsolicited email, to affiliate@powerupcall.com You may also provide any and all information you believe may assist in PUC’s investigation of such Spam activities. PUC will not investigate or take action upon any anonymous Spam allegations or complaints.
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