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Please read the agreement document below before registering.
1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or Thanks Again, LLC ("Thanks Again") may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. 2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Thanks Again Program ("Program") rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 3) Limitation of Liability: We 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 referral fees paid or payable to you under to this Agreement. 4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 5) Spyware/Robots: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware, parasiteware, or automated "robot" techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions. 6) SPAM: Thanks Again has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while Thanks Again, in its sole discretion, determines if the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you. 7) Payment Terms: Thanks Again will pay Affiliate thirty days (30) after the end of each calendar month for all bounties earned during the prior month, less any taxes Thanks Again may be required to withhold, and less any amount it determines, in its sole discretion, was not validly earned from proper use of the link on affiliate's web site. If commissions earned during any calendar month are less than $25, then Thanks Again, LLC may hold those commissions until the month in which the total amount due is at least $25 or (if earlier) until this Agreement is terminated. Due to the nature of Thanks Again’s services, when a client completes an enrollment form and does not provide us with all the information needed to verify the validity of the information provided (or otherwise does not meet the member enrollment criteria), the membership will be cancelled and no bounty will be paid. 8) Referral Commissions and Payment Procedures: The amount of referral bounties due to affiliates will be as follows: For a successful Program enrollment that results from a direct referral by an affiliate, that affiliate will receive a bounty of $1.00(USD). This is known as a first-tier referral bounty. The first-tier referral bounty amount may be increased for Affiliates that achieve a target amount of monthly enrollments, or are otherwise categorized as "preferred" Affiliates. For such an enrollment as described in the previous paragraph, if the Affiliate who made the direct referral is a sub-affiliate of another Affiliate, the second Affiliate will be eligible for a bounty of $0.25(USD). This is known as a second-tier bounty. A bounty will only be credited to an Affiliate after individuals residing in the United States or Canada successfully complete the membership enrollment process. If it is later determined that a customer does not meet the eligibility requirements of the program, any commissions that were credited to both first tier and second tier Affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the Affiliate will be billed and hereby agrees to be bound by law to reimburse Thanks Again in full for any such commissions. Payments will be issued via check only, made payable to the Affiliate, in the name that the Affiliate submitted during the online registration process. Payments will be mailed to the mailing address provided by the Affiliate. Affiliates must have accumulated bounties totaling a minimum of $25 for a given payment period before a check will be issued. If bounties due the Affiliate total less than $25 for a given month, any bounties earned will be held over until the following month. This hold over process will continue until the bounties due the Affiliate total more than $25 or until the Agreement is terminated, whichever comes first. 9) Linking: Thanks Again will provide you with links, including URL addresses and appropriate graphics (the Link Materials), with which you may link your Web site to our Web site (www.ThanksAgain.com or such other Web site(s) as Thanks Again may establish from time to time). Details on accessing these Link Materials are provided to approved Affiliates after you are granted log in rights to access your Affiliate account. If you are an approved Affiliate, Thanks Again grants you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks and those of our partner organizations to the extent that those trademarks are incorporated into these Link Materials. This license remains in force only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. Further, you agree to display the Link Materials appropriately on your Web site, in e-mail, or other media and to respect Thanks Again’s trademarks, service marks, other rights and those of our partners in the Link Materials. The sole use of these Link Materials shall be to link your Web site to Thanks Again’s Web site. Moreover, you will not alter the look or feel of these Link Materials or of the Thanks Again Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as Thanks Again makes them available. 10) Tracking of Sales: Thanks Again will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. TA will make every effort to ensure accurate tracking of referrals made by affiliates. Affiliates will be solely responsible for ensuring that these special URLs are properly formatted, in order to accurately track referrals. The above statements of responsibility notwithstanding, affiliates hereby acknowledge and accept that the tracking system employed by TA is not 100% fail-safe. As such, there is a possibility that a referral made may not be properly credited to an affiliate for any of the following reasons: • Failure by the Affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, etc. • Deliberate or accidental actions by customers to circumvent an Affiliate's special URL so that our software is unable to accurately track that referral • Bugs, glitches or crashes of the tracking software that render it unable to accurately track referrals for a period of time • Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the bounty information. Therefore, Affiliates agree to not hold Thanks Again liable for any unpaid claimed commissions that were not tracked and recorded by the tracking software. 11) Responsibility for Your Site: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: • The technical operation of your site and all related equipment • The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials) • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) • Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will 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. 12) Relationship of Parties: You and Thanks Again are separate entities, and nothing contained in this agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship of any type 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 anything in this Section. 13) Our Responsibilities: Thanks Again will be responsible for providing all information necessary to allow you to make appropriate links from your web site to our web site. Thanks Again will be solely responsible for processing every application for membership in the Program by a customer following a link from your web site, for tracking the number of enrollments generated by the link from your web site, and for providing you with those statistics. Further, Thanks Again will be responsible for the security of credit card data and other personal information provided by consumers and related customer service for the Thanks Again Program. 14) Enrollment in the Affiliate Program: To begin the enrollment process, you will submit an application via the Thanks Again web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Minimum Requirements- Your site should: •Generate sufficient traffic to our website •Be "live" and readily accessible (e.g., not "under construction") •Attract a customer base who may be interested in enrollment in a credit card reward program. •Not promote sexually inappropriate materials •Not promote violence or gambling •Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age •Not promote illegal activities •Not violate the intellectual property rights of Thanks Again, LLC, its partners, or affiliates. In the event that your application is rejected, you are welcome to reapply to the Program at any time. You should also note that if your application is accepted and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement immediately without compensation. 15) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Georgia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Fulton County, Georgia and you irrevocably consent to the jurisdiction of said courts. You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Thanks Again. 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. Thanks Again’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the company’s right to subsequently enforce such provision or any other provision of this Agreement. |