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Terms and Conditions
To be an authorized affiliate of Baitrix.com Fishing Products Ltd., you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Baitrix.com service as an affiliate. By signing up for the Baitrix.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. All parts or headings or sections of this document are bound by Section I. Section I This agreement is by and between Baitrix Fishing Products Ltd and/or their assigns and all subscribers. Unless the context requires otherwise Baitrix Fishing Products Ltd and/or their assigns shall be referred to as "Baitrix Fishing Products Ltd, us, we, our or Company" and you shall be referred to as "you, your, subscriber, member, partner, vendor or affiliate." You understand and agree that Baitrix Fishing Products Ltd and/or their assigns do not guarantee any type of profit or response from said services. Affiliate, member, vendor or subscriber agrees to hold Baitrix Fishing Products Ltd harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Baitrix Fishing Products Ltd and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorney's fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. Income Taxes Every year Baitrix Fishing Products Ltd will provide appropriate earnings statements to each Affiliate. Each affiliate, member, vendor or subscriber is responsible for paying local, provincial or state, and federal taxes on any income generated as an Independent Contractor. Independent Contractor Status Affiliates, members, vendors or subscribers are independent contractors and are not “purchasers” of a “franchise” or a “business opportunity”. The agreement between Baitrix Fishing Products Ltd and its affiliates, vendors, members or subscribers does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the affiliate, member, vendor or subscriber. Affiliates, members, vendors or subscribers shall not be treated as an employee for his or her services or for Federal or Provincial or State tax purposes. All Affiliates, members, vendors or subscribers are responsible for paying local, provincial or state, and federal taxes due from all compensation earned as an Affiliate, member, vendor or subscriber of the Company. The Affiliate, member, vendor or subscriber has no authority (expressed or implied), to bind the Company to any obligation. C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Baitrix Fishing Products Ltd, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. Affiliate Program Terms of Service By signing up as an affiliate with Baitrix Fishing Products Ltd you agree to the terms listed in Section I above and you agree to the following Terms of Service. A. Services to be provided by Baitrix Fishing Products Ltd. We agree to provide the following: 1. Pre-written sales materials such as Ads, articles, banners, coupons, etc. 2. Fast approval/decline service of your promotional creative’s. 3. Our Monthly Associate Newsletter. 4. Real-time tracking and reporting. 5. Marketing consultation from our Affiliate Manager. (through email or help desk or instant chat) 6. Updated and new marketing materials. 7. Your personal Affiliate link. 8. Customer service and Affiliate support with timely responses to your questions. 9. Commissions of 25% for customers you refer who purchase any product from Baitrix Fishing Products Ltd. (shipping and taxes not included) 10. Commissions paid on the 15th of every month for the previous month's sales with any "Money Back Guarantee returns or any qualifying returns" commission previously paid deducted from totals. B. Termination. We may terminate your account: 1. if you violate our Terms Of Service Policy. 2. if you promote Baitrix Fishing Products Ltd in a manner that is unethical or inappropriate. D. TERMS. You agree: 1. to use our system in a manner that is ethical and in conformity with community standards. 2. to send your personally created promotional ads, emails, articles and any other creative to Baitrix Fishing Products Ltd for issue authority before using them. 3. to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user). 4. to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 5. to accept commercial emails from us. that you are ABSOLUTELY NOT allowed to put Baitrix Fishing Products Ltd products "for sale" on your Internet Website or any other website and will not - but will only refer people to the Baitrix Fishing Products Ltd website for information and purchase of our products. Baitrix Fishing Products Ltd has a strict anti-spam policy. You agree not to engage in any practice that could be construed to be spamming (UCE) with regards to Baitrix Fishing Products Ltd. You agree to only send emails to potential customers who have "opted-in" to your lists and if requested you shall provide evidence of such opt-in and its legality. Important Note: YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM OR ANY Baitrix Fishing Products Ltd., NAME AS PART OF ANY BULK EMAIL (UCE) CAMPAIGN. You will be subject to any fines, costs and legal actions that are a result of your bulk email (UCE) promotion. NOT to copy images or text from the Official Baitrix Fishing Products Ltd website but use only those materials sent or supplied to you by Baitrix Fishing Products Ltd. 6. Both You and Baitrix Fishing Products Ltd have the right to cancel this agreement at anytime without cause. Cancelation must be made in writing and delivered by regular mail, fax or courier. (Email cancelations are not accepted because they can easily be fraudulent) Section II If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Continued account activity by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section D. G. Notification of Account Changes. You agree to notify us if your address, email address, telephone number or any other necessary contact information changes. H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: 1. if delivered personally to the party to whom notice is to be given; 2. if sent by electronic mail with a "cc" to sender 3. if sent by fax; 4. on the third day after mailing by first class mail. I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our Country before instituting litigation. Thank you, Baitrix Fishing Products Ltd
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