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Affiliate
Terms and Agreement
This Agreement contains the terms and conditions
that apply to a participant in the Lazarus Labs
affiliate program. As used in this agreement,
"we"/"our/"us", means Lazarus Labs 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. We may reject your
application if we determine, at 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
Lazarus Labs, 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.
We will NOT revoke affiliate status to avoid
payment of owed or future commissions.
UNPROFESSIONAL CONDUCT
Lazarus Labs and its associated companies
operate with the strictest codes of professional
conduct. Any Affiliate who brings Lazarus Labs
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 Lazarus Labs 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.
TRACKING OF SALES
We will be solely responsible for tracking sales
we make to customers who follow links from your
website.
Statements of your sales activity will be
available to you in "realtime" with a special
URL that we assign to you. Accessible 24 hours
per day and 7 days per week. You may access
these stats via a password and username we
assign.
The two entities that may access your stats and
affiliate information are you, and us, Lazarus
Labs.
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. You will have access to your
own private section to check your stats in Real
Time. 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 Lazarus Labs, 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 six months. We will contact you after
ninety (90) 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. Lazarus Labs 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, Lazarus
Lab’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 a minimum of 30% of any and all
purchases made by a customer referred by your
"affiliate link" through our banners or text
links, plus a minimum of 30% on all re-orders,
plus 5% on all 2nd tier sales.
Minimum amount for commission checks to be
issued is fifty dollars ($50).
Minimum amount for commission checks to be
issued for Overseas Affiliates is one hundred
dollars ($100).
Any amount under this will be held in your
account until the minimum for pay out is
reached. (this is ongoing).
All commissions will be paid in US dollars. You
should expect your check five to ten business
days after the end of a billing cycle.
Commissions earned on sales from the 1st to the
15th are paid on the 20th and from the 16th to
the 31st are paid on the 5th. Basically, every
15 days, you will receive money!
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. 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 SSN-social
security number or for your TIN-Tax
identification number on the sign-up page). You
will be sent this form (W-8 or W-9) 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 at
our sole discretion, by posting a new agreement
on our site. 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
partnerhip, 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.
PRIVACY POLICY
We ONLY use the information you submit to
maintain your account. We will NOT email you
with any other company's products. We Do Not
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".
Revised April 01, 2005
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