Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program Terms of Service
We maintain http://www.wilcoxhealingcenter.com/affiliatepro/affiliate as a service to our affiliates who have a web presence and wish to benefit from the promotion of affiliate products available for sale on http://www.wilcoxhealingcenter.com/Create-it-course.php. Wilcox Center for Psychotherapy and the Healing Arts reserves the right to approve or reject applicants to our affiliate program. Decisions for approval are based on a compatible mission and purpose of the applicant’s website and marketing methods for promotion of our affiliate program and professionalism of the applicant’s internet presence. By participating in Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program, you agree to comply with and be bound by the following terms and conditions. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program available at http://www.wilcoxhealingcenter.com/affiliatepro/affiliate henceforth called (the “Site”) or otherwise use this website. Failure to use this website in accordance with the following terms of use may subject you to severe civil and criminal penalties.
Introduction:
You (the "license") agree to the terms and conditions outlined in these terms and conditions with respect to the "Site" and website projects (the "Site Projects"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and products provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.
Copyright:
The content, organization, graphics, design, compilation, and other matters related to the Site www.WilcoxHealingCenter.com and Site Projects are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and Site Projects, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or Site Projects. The posting by Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program of information or materials on the Site does not constitute a waiver of any right in such information and materials. Copyright 2007 – 2008 and beyond, Wilcox Center for Psychotherapy and the Healing Arts, All rights reserved.
Limited Right to Use:
Our website grants you non-exclusive limited license to promote selected products sold through our website (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.
a) LIMITED USAGE GRANTED
You may promote each individual product on a single website only that belongs to you and is the same site included in your application for affiliate membership. You may promote each individual product through email marketing provided your mailing is sent to an opt-in list that is maintained in strict compliance with state and federal laws regarding bulk email.
b) MODIFICATIONS
You are NOT authorized to make any modification(s) to our products to fit your purposes.
c) UNAUTHORIZED USE
You may not place any of our products on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind without prior written consent from our company.
d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else. Your right to use the Site is not transferable. Any password or right given to you to obtain information or products from the Site is not transferable.
Third-party services:
Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program may use third parties to provide certain services accessible through the Website. Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program does not control those third parties or their services, and you agree that our company will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program's TOS, agreements or policies, you must comply with Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program's TOS, agreements or policies, as applicable.
Promotion through banner ads:
You may use any or all banner ads that are provided by Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program for the promotion of our products. You may create your own banner ads, provided that they are approved by Wilcox Center for Psychotherapy and the Healing Arts prior to display and distribution through your website, ezine or other online or offline publication.
Use Links Carefully:
Feel free to use your Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program affiliate links and text ads anywhere on your web pages or to email the link address to friends. However, do not send unsolicited email, or "spam" containing your affiliate link. In addition, do not submit your Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program affiliate link address to any search engines. You are solely responsible for the consequences of sending unsolicited email or news postings. Please don't do this. Do not use your affiliate link in any contextual advertising, for example Google AdWords. Never point your advertisement to any of the projects of Wilcox Center for Psychotherapy and the Healing Arts affiliate program. We have zero tolerance policy for affiliates who don't follow these rules, and your account will be blocked immediately for further investigation. Commission from such an account is not refundable.
Zero Tolerance Spam Policy:
Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to email spam, fax spam and search engine spam. All affiliates are expected to adhere to Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program's no spam policy. If you produce a newsletter, e-zine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. Any affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate account terminated and may lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.
How Commissions are Calculated:
Commissions are calculated automatically at the end of each day. You can review money balance anytime using your online interface. Affiliates who are customers and/or graduates of the Create It Course offered by Wilcox Center for Psychotherapy and the Healing Arts earn 20% commission on gross sales for all purchases via his or her affiliate link that are described on http://www.wilcoxhealingcenter.com/Create-it-course.php. Affiliates who are not customers or graduates of the Create It Course offered by Wilcox Center for Psychotherapy and the Healing Arts earn 15% commission on gross sales for all purchases of any three of the Create It Courses via his or her affiliate link that are described on http://www.wilcoxhealingcenter.com/Create-it-course.php. All customers who come via your affiliate link will receive annual cookies on their computers. You will receive your full commission on all sales for such customers during our affiliate cookie annual period. Note: If we must refund a customer purchase you received a commission for, the commission you earned for that purchase will be subtracted from future commission earnings. Refunds can occur due to various reasons such as fraud credit card purchase, suspicious order, bank charge backs etc. If the purchase was made successfully but commission was not added to your account there may have been a problem with our server (pages not loading or loading very slow). If this is the case, we will manually add commission to your account. We will request order information to verify the order.
Form of Payment:
You will be paid in US dollars by company check monthly for all account balances of $50 or more.
Commission Structure:
Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program reserves the right to modify the terms of commission structure and delivery at any time.
Buying Products From Your Affiliate Link for Your Own Personal Use:
Buying products from your own affiliate link from Wilcox Center for Psychotherapy and the Healing Arts for personal use is prohibited. Any affiliate that does this shall have their affiliate account terminated and may lose any or all affiliate commissions due to them.
Billing Process:
You may not engage in direct billing for any of our products via your own payment gateway. Customers that are acquired through the affiliate’s promotional efforts belong solely to Wilcox Center for Psychotherapy and the Healing Arts. Should we find that you are making use of a script that interferes with our billing process, this will be grounds to terminate your account without any further notification and your commission will not be paid.
Indemnification:
Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program should indemnify, defend and hold you, your affiliates, and each of the officers, directors, employees, agents and representatives of you and your affiliates harmless from any and all actions, claims, damages, expanses and liabilities of any nature whatsoever (including reasonable attorney’s fees and other legal costs) (“Losses”) incurred or suffered by any such your Indemnitees arising out of, or in connection with any third party claim, demand or cause of action (each a “Claim”) based upon or rising out of (i) any breach of this Agreement by Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program, (ii) Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of the Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program Product Repository; (iv) infringement or other violation by any Product, Product Description, Sample, or Brand Feature of a third party’s privacy rights, publicity rights or other proprietary rights; (v) any Product, including and defect thereof; (vi) any use of any Product or Sample. Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program obligations hereunder shell be subject to your (a) promptly notifying Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program of a Claim or threatened Claim covered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program (Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program shall not enter into any settlement agreement that adversely affects you without your prior written consent); and (c) cooperating with such defense and/or settlement at Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program expense.Your Indemnity. You shall indemnify, defend and hold Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program, its Affiliates and each of the officers, directors, employees, agents and representatives of Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program and its Affiliates harmless from any and all Losses incurred or suffered by such Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program. Indemnities arising out of, or in connection with, any third party Claim based upon or arising out of (i) any breach of this Agreement by you; (ii) your gross negligence or willful misconduct; (iii) the development, operation, maintenance and content of your site(s) (excluding any Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program Property displayed thereon); or (iv) infringement or other violation by your site or your other Property of a third party’s privacy rights, publicity rights or other proprietary rights. Your obligations hereunder shall be subject to Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program(a) promptly notifying you of a Claim or threatened Claim covered by such indemnification; (b) tendering sole control of the defense and settlement of such Claim to you (provided that you shall not enter into any settlement agreement that adversely affects Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program without Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program prior written consent); and (c) cooperating with such defense and/or settlement at your expense.
Disclaimer:
Products, information and other content available from or through the site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed. To the fullest extent permissible pursuant to applicable law, Wilcox Center for Psychotherapy and the Healing Arts Affiliate Program disclaims all warranties express or implied, including, but not limited to, (a) that any product or information available from or through the site (b) that any product or information available from or through the site, or the site itself will be uninterrupted or error-free, (c) that defects will be corrected, (d) that there are no viruses or other harmful components, (e) that the security methods employed will be sufficient, (f) regarding correctness, accuracy, or reliability, or (g) against interference with your enjoyment of the products or information, or against infringement. All 'information' and products provided in the course of this agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. We have no liability whatsoever for your use of any information or other content available from or though the site, or the site itself. In particular, but not as a limitation thereof, we are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The information and other content available from or through the site, and the site itself, would not be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
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