Agreement: This Affiliate Agreement
commences upon your acceptance by Northstar
Thinktank (hereafter, “Northstar”) into this
Affiliate Network. This Agreement may be terminated
by either party at any time by giving written notice
of termination with or without cause. Referral fee
eligibility only applies during the term of this
Agreement. Referral Fees earned through the date of
expiration or cancellation of this agreement will
remain payable only if the products or services are
not canceled from their orders. Payment of the final
referral fee payment to the Affiliate may be
withheld for a reasonable time in order to ensure
that the correct amount is paid. Cause for
termination by Northstar includes:
- Use of unsolicited email lists/spam to
promote Northstar products or services
- Inappropriate advertisements (False claims,
misleading hyperlinks)
- Advertising on sites containing/promoting
illegal activities
- Violation of intellectual property rights.
If you are reported for using illegal email
methods or “spamming” to promote Northstar products
and services your account will be placed under
review and you will have the opportunity to provide
evidence that you are in using legitimate opt-in
email techniques.
If it is determined by Northstar’s sole
discretion that you have used spamming or
unsolicited email or any other unauthorized
marketing methods your account will be immediately
terminated and you will forfeit all outstanding
referral fees.
International Affiliates: International
affiliates may be selected to join the Affiliate
Network. All payments made will be in US dollars.
Referral Payments: We will pay a 15% to
40% referral fee per sale. In some cases we will pay
a specified “flat rate” for certain lead generation
promotions. That is a flat rate of approximately $15
per lead that is generated will be paid to the
Affiliate. The referral fee rate or flat rate is
determined per each promotional campaign and is
dependent upon the product or service and its
associated price. You will be given detailed
instructions and details pricing and referral fee
percentages prior to the release of each new
campaign. If you choose to promote any campaign, the
act of said promotion will constitute acceptance of
the terms and percentage payout for that campaign,
according to the terms of this Agreement.
The minimum monthly payment level is $25 for US
and Canadian affiliates, and $50 for all other
international affiliates. Accounts owing under this
amount will be carried forward to the next sales
period until referral fees have accumulated to the
threshold. Referral fees against sales that are
rejected upon credit card authorization or otherwise
refunded or charged back will be deducted from your
following referral fee payment.
Payment Schedule: Northstar will mail a referral
fee check for the applicable referral fees on the
last Friday of each month.
A statement of customer purchase activity to the
Affiliate will be sent each quarter of the calendar
year.
Sales Tracking: Northstar will be solely
responsible for tracking sales made to customers who
follow special links from the sponsoring website.
The Affiliate 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 Affiliate in realtime with a special
URL that they are assigned.
Cancellations and Refunds: If a referral fee
qualifying product or service is later refused,
returned or disputed by the customer and Northstar
provides a refund, its referral fee will be deducted
from the next monthly payment sent to the Affiliate.
If there is no next monthly payment, the Affiliate
will be billed.
Promotional Methods: Examples of authorized
methods for promoting Northstar products and
services are: through banners, text links, letters
of recommendation to newsletters subscribers or your
opt-in 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 Northstar.
As well, if you choose to promote the Northstar
products and services, they can only be promoted as
outlined by Northstar. This program is not a MLM
(multi-level marketing) opportunity and as an
affiliate, you cannot promote it as MLM. If you
promote the Northstar Affiliate Program as MLM 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
Northstar.
Affiliate agrees not to use any predatory
advertising methods in the promotion of our products
and services.
Predatory advertising is defined as any method
that creates or overlays links or banners on web
sites, spawns browser windows, or any method
invented to generate traffic from a web site without
that web site owner's expressed, written permission.
Examples include, but are not limited to, keyword
parsing browser plugins such as TopText and Surf+,
banner replacement technology such as Gator, and
browser spawning technology that is not web site
dependent.
Participation in predatory advertising programs
will be cause for an affiliate’s immediate
termination.
Testimonials: You agree to cooperate with
Northstar in the development of joint press releases
and testimonials from time to time. You also agree
that you will allow us to use your company name in
marketing collaterals and make reference to you on
our website.
Copyrights: As the Affiliate, you are
solely responsible for ensuring that your reviews,
product and service 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. Northstar will not be responsible if you
use another party's copyrighted material in
violation of the law.
Order Policies Apply: All customers who
purchase a product or service through this Affiliate
Program is deemed to be a customer of Northstar. The
Affiliate does not have the authority to make or
accept any offer on behalf of Northstar. All
Northstar policies regarding customer orders,
including product availability, pricing and problem
resolution, will apply to these customers. Northstar
is not responsible for any representations made by
the Affiliate which contradict our policies.
Product Prices and Availability: The price
charged for every product and service sold under
this Affiliate Program will be set and determined at
the sole discretion of Northstar. In the case of any
price discrepancies, the price charged to the
customer will always be the price listed on
Northstar webpages linked from your sponsoring
website.
Product availability can change, and Northstar
will present the best information available to all
sponsoring sites and its clients regarding product
availability.
Service Interruption: Northstar will make
every effort to keep its websites completely
functional. However, certain technical difficulties
may, from time to time, result in temporary service
interruptions. The Affiliate agrees not to hold
Northstar 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 products and services. You will act
consistently with these rights and act to preserve
them in the course of marketing these products and
services. Northstar hereby grants to the Affiliate
the right to Northstar Trademarks and Trade Names in
connection with marketing and sales of these
products and services.
Modifiction of Agreement: Northstar
reserves the right to change any of the terms and
conditions in this Agreement, at any time and in its
sole discretion, by sending said modifications via
email to the Affiliate.
Warranty Disclaimer: Northstar makes no
warranties, representations or conditions with
regard to the Affiliate Program or, except as
expressly set forth in Northstar's then current
product sales policies, any products sold thereunder,
whether expressed 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: Northstar 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 Northstar has
been advised of the possibility of such damages.
Further, Northstar'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 Northstar to the Affiliate
under this agreement.
Miscellaneous: Affiliate and Northstar 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. Affiliate shall not assign this
Agreement, by operation of law or otherwise, without
the prior written consent of Northstar. 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.
Privacy: To protect your privacy at any
time an affiliate may opt-out of receiving any
promotional messages from the company i.e.
newsletters and sales promotions. You can
unsubscribe from affiliate communications at any
time by sending an email request to cancelaffiliate@northstaraffiliate.com
indicating you do not want to receive the affiliate
newsletter or referral fee notifications.
Mediation: Any problems or discrepancies
over referral fees will be dealt with within 7 days
of notification to Northstar. Questions or concerns
can be delivered via online form here or by mail to:
Northstar Ventures, LLC
c/o Northstar Thinktank
8701 N. Mopac Expressway, Suite 455
Austin, TX 78759
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.
Miscellaneous: This Agreement will be governed by
the laws of the Texas, without reference to rules
governing choice of laws. 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. |
