This Agreement contains the
terms and conditions that apply to a participant in the
Rainbow Activities Affiliate Program (the "Program"). As used
in this agreement, "we"/"our/"us", means Rainbow Activities
Inc., and "you"/"your" means the "affiliate/applicant", "site"
refers to a World Wide Web site. To begin the enrollment
process, you will submit a complete Affiliate Application
form. We will evaluate your application in good faith and will
notify you of your acceptance or rejection, usually within 24
hours. (you can re-apply at any time). We may reject your
application if we determine, in our sole discretion, that your
site is unsuitable for the Program. Unsuitable sites include,
for example, sites that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age
- promote illegal activities or violate intellectual
property rights or from applicants who we prefer not to be
associated with
We grant you a non-exclusive, revocable right to use our
present banners and other such images for which we grant
express permission, for the purpose of identifying your site
as a program participant and linking to our site. You may not
modify the banners or any of our images in any way without our
express permission. We reserve all of our rights to our trade
names and trademarks and all other intellectual property
rights.
SPAM (unsolicited email) We will not tolerate the sending
of unsolicited bulk emails which promote, or make reference to
[Your Company], or any of its associated companies, Partners,
or employees. Other prohibited forms of advertising include
postings to non-commercial newsgroups and cross-posting to
multiple newsgroups at once. In addition, Affiliates may not
advertise in any way that effectively conceals or
misrepresents their identity, their domain name or their
return email address. Any Affiliate who, in our opinion,
breaches this ruling will have their Affiliate status
cancelled immediately and any and all outstanding commissions
WILL BE FORFEITED. Stay Safe, Don't SPAM. We will NOT revoke
affiliate status to avoid payment of owed or future
commissions.
UNPROFESSIONAL CONDUCT the Total Life Planning Institute
and its associated companies operate with the strictest codes
of professional conduct. Any Affiliate who brings the Total
Life Planning Institute or its associates into disrepute, or
who promotes any form of slander, racism, or unfair business
practices, will have their Affiliate status cancelled and any
outstanding commissions WILL be forfeited. We reserve the
right to reject any affiliate application if in our opinion,
that person or company violates established laws or commonly
held standards of decency. An affiliate who ignores warnings
to cease and desist any activities we deem negligent,
inappropriate, or harmful to the Total Life Planning Institute
and or other affiliates will be terminated.
ORDER PROCESSING We will be solely responsible for
processing every order for our products. Customers will use
our secure online ordering process. Order forms, payment
processing, shipping, cancellations, returns, and related
customer service are our responsibility. All of our rules,
operating procedures and policies regarding customer orders
and accounts will apply to orders we receive through special
links on your site. We reserve the right to reject any order
that does not comply with our rules, operating procedures and
policies. Every customer who buys a product through this
program is deemed to be a customer of ours. You do not have
the authority to make or accept any offer on our behalf. All
our policies regarding customer orders, including product
availability, pricing and problem resolution, will apply to
these customers. We are not responsible for any
representations made by you which contradict our policies.
You CAN order our products for your OWN PERSONAL USE
through YOUR affiliate link! (This, in effect, gives you a 25%
"discount"!)
TRACKING OF SALES We will be solely responsible for
tracking sales we make to customers who follow links from your
website. We use ClixGalore. Statements of your sales activity
will be available to you.
LINKS We will provide you with a unique identifying URL for
you to link to. Each sale or referral that is generated from
this URL will be attributed to you. Your links to the unique
URL can be text links or banner links, or a combination of the
two, at your sole discretion. If you choose banner links, you
must use our banners. We will provide you with a URL of all
our banners, from which you can freely choose. You may add as
many links to the TLP Institute, or remove such links, at
anytime and without prior approval from us. ** Inactive
affiliates will be removed from participation in the Program.
Inactive means little or no "click-throughs" via your
banner/text links, as monitored via our affiliate program
administrative panel, for a period of sixty (60) days. And/or,
non-placement of affiliate banners/text ads. We will contact
you after thirty (30) days of "inactivity". Efforts will be
made to help and encourage your participation in the Program.
We will provide you with instructions on how to properly
format the links. You are responsible for ensuring the links
are formatted correctly. This will ensure accurate tracking of
sales for credit to your account. Every effort will be made to
ensure that our site is functional and available for customers
referred to our site through your "affiliate link". We have NO
responsibilities with regard to your site. The TLP Institute
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. In addition, the TLP Institute's aggregate liability
arising under or with respect to this agreement or the program
shall in no event exceed total referral fees paid or payable
to the affiliate under this agreement.
COMMISSION AND PAYMENT We will pay you 25% of any and all
purchases made by a customer referred by your "affiliate link"
through our banners or text links (Not including any
applicable sales tax and shipping charge). Minimum amount for
payment is fifty dollars ($50). Any amount under this will be
held in your account until the minimum for pay out is reached.
(this is ongoing) Payment will be made in the form of a bank
check from us (Clix Galore), paid in US dollars. Checks will
be mailed within ten days of the first of the month for the
prior month's sales. For example, commissions for sales made
during May will be sent out on or before the 10th of June. We
are not responsible for paying interest to Affiliates for
accrued but not yet delivered Commission payments. Payment
will be made out to you and mailed, via U.S. postal mail, to
the address you provide at sign-up. (you will be able to
modify your address and contact info via your private
affiliate area) Any "refunds" to a customer, referred through
your "affiliate link", will be deducted from your "credited"
commission/s. Charge backs, if any, will be deducted from your
"credited" commissions.
TERM OF THE AGREEMENT The term of this agreement will begin
upon our acceptance of your affiliate program application and
your placement of our banner or textual link on your site and
will end when terminated by either party. Either you or we may
terminate this agreement at any time, by giving the other
party written notice of termination. This will be in the form
of "email". You can only earn referral fees on sales occurring
during the term. We will never withhold any payment due.
Payment of monies owed you will be payable on the same
schedule as stated above for commission payment. Upon
termination of this agreement, the former Affiliate must
remove all Affiliate links and graphics from its web site, and
refrain from publishing same in any manner whatsoever.
INCOME TAX LIABILITY You must understand and agree that you
are acting as an independent contractor and as such will be
responsible for your own Income Taxes and any other tax
liabilities that affect the sales of our products in your
state. By law, any commissions in excess of five hundred
ninety nine ($599) dollars must be reported by us on a Federal
Tax form (that's why we ask for your SSAN-social security
number on the sign-up page). You will be sent this form and
are required to sign and return to us before any 'further
payment' to you can or will be made.
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 new agreement on our site. Any
modifications will ALSO be notified, by email, to all
participating affiliates. If any modification is unacceptable
to you, you may terminate this agreement. Your continued
participation in the program following notification of our new
program will constitute binding acceptance of the change.
RELATIONSHIP OF PARTIES You and We are independent
contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales
representative or employment relationship 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 written here.
CONFLICTS AND DISPUTES As with any program, a conflict or
dispute may occasionally arise due to tracking, orders,
commission calculation, performance issues and appeals
regarding "termination for cause". Below is outlined who to
contact and how to handle any such situation. If a concern
should arise, send an email stating your full name, your
affiliate ID, your address and state the specifics of your
concern. Include any dates or numbers that apply. We will
investigate immediately and will reply as soon as possible.
Though we will be more than willing to settle the dispute in
as fair a manner as possible we realize this situation may
arise. In this case we will be open to mediation or
arbitration to settle the matter. We have NOT pre-selected a
mediator or arbitrator. Should one be needed we will select a
non-biased, third party moderator.
CONTACT INFORMATION: E-mail: Call 1-808-268-8339, Phone:
(808)268-8451 mail: Total Life Planning Institute 3950 Kalai
Waa #A102 Kihei HI 96753
PRIVACY POLICY It's pretty simple... We ONLY use the
information you submit to maintain your account. That is, to
make your commission payments and to communicate changes in
OUR product offerings. We will NOT email you with any other
company's products... period! We WILL notify you of new
banners and or text links to facilitate promotion of Rainbow
Activities Inc. We Do Not Now nor Will We in the future, Sell,
Rent or otherwise make your personal information available to
anyone! This concludes the agreement. Thank you for taking the
time to read it carefully. We look forward to working with
you, our Valued Affiliates! By signing up for our Program, you
are in effect, agreeing to the above "affiliate agreement". |