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Please read the agreement document
below before registering.
By
clicking here I accept these
terms and wish to register.
1)
Term of the Agreements:
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
we 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)
Linking: You may add as
many links to Virtual Imagination
Inc. product line, or remove
such links, at any time and
without prior approval from
Virtual Imagination Inc. You
will be provided with marketing
tool's, images, and account
statistics at no additional
charge through your affiliate
log-in account.
3)
Affiliate Commissions: You
will earn commissions on Sales
to customers who follow one
of your affiliate links including
you affiliate ID from your sponsoring
website to Virtual Imagination
Inc. site and submit that order
by using the companies order
forms, mail address or fax.
Sales originating through any
other link to our web site(s)
other than the specific URL
that you are assigned will not
be eligible for commissions
unless the visitor has a Java
cookie logging your affiliate
ID.
4)
Referral Fee Payment: Affiliate
referral fees will be paid out
on a monthly basis once your
commissions reach $25 dollars
or greater. Amounts less than
$25 dollars will be held until
the next calendar month. Participant
can check the status of affiliate
commissions earned at any time
by visiting their affiliate
log-in site located at:
http://www.virtual-imagination.com/affiliates/login.htm
5)
Product Return Policy: If
a refund is requested by a customer
on a qualifying sale under the
product guarantee guidelines,
its referral fee will be deducted
from the affiliates account.
6)
Delivery and Order Processing
Systems: Virtual Imagination
Inc. will be solely responsible
for processing every order placed
by a customer following a special
link from the affiliates sponsoring
website or promotion. Order
entry will use the Virtual Imagination
Inc. secure online ordering
and delivery systems or Virtual
Imagination Inc. mailing address,
fax or phone system. Order forms,
payment processing, shipping,
cancellations, returns, and
related customer service are
the responsibility of Virtual
Imagination Inc. All of the
rules, operating procedures
and policies of Virtual Imagination
Inc. regarding customer orders
and accounts will apply to orders
we receive through special links
on your sponsoring website.
Virtual Imagination Inc. reserves
the right to reject any order
at its sole discretion.
7)
Sales Reporting & Customer
Privacy Policy: Virtual
Imagination Inc. shall be solely
responsible for tracking sales
to customers who follow special
affiliate links from the affiliate
sponsoring website. In the event
of any sales dispute the records
of Virtual Imagination Inc.
shall control. Statements of
affiliate sales activity will
be available to the Participant
at all reasonable times including
online account access. Customer
Privacy: Personal information
about specific customers of
Virtual Imagination Inc. will
not be provided to any affiliate
or third party.
8)
System Operation: Virtual
Imagination Inc. will make all
reasonable efforts to keep its
websites and affiliate support
system operational. Certain
technical difficulties may,
from time to time, result in
temporary service interruptions
beyond our control. Virtual
Imaginations Inc. shall not
be liable for any of the consequences
of service interruptions, which
may occur.. Referral Fees earned
during the term of this agreement
shall be adjusted, by charge
back against fees earned, to
reflect any canceled orders
(orders revoked before fulfillment)
refunds or returns.
9)
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 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.
10)
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.
11)
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.
12)
Miscellaneous: This
Agreement will be governed by
the laws of the United States
and the State of Delaware, 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 Delaware, and you
irrevocably consent to the jurisdiction
of such courts. 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.
13)
Marketing: You agree that
you will not promote your affiliate
links or mention Virtual Imagination
Inc, business, trademarks, products,
websites, or domain names through
(SPAM EMAIL) unsolicited bulk
email There is a zero tolerance
policy regarding spam email.
If a proven spam incident occurs
your affiliate account will
immediately be terminated and
all current earned commissions
will be forfeited. There will
be a 500 dollar initial service
fee and 500 dollar hourly charge
for each hour the system is
down because of spam email.
Newsgroup postings are acceptable
only in newsgroups that specifically
welcome commercial messages;
when in doubt, consult the newsgroup
FAQ or moderators to be sure
that such a message is acceptable
in that newsgroup, Associates
must also clearly represent
themselves and their web sites
as independent entities from
Virtual Imagination Inc.
14)
Disclaimer: Virtual Imagination
Inc. makes no warranties, representations
or conditions with regard to
the affiliate program, except
as expressly set forth herein..
15)
Independent Contractors Classification:
Participant and Virtual Imagination
Inc. 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.
Participant shall not assign
this Agreement, by operation
of law or otherwise, without
the prior written consent of
Virtual Imagination Inc. Participant
is responsible for all owed
taxes and record keeping related
to tax payments.
By
clicking here I accept these
terms and wish to register.
By clicking this link and joining
the Virtual Imagination Inc.
Affiliate program you are agreeing
to these terms. This agreement
shall be governed by the laws
of the state of Delaware, USA.
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