LAST REVISION: April 1, 2005
You must agree to the terms of our affiliate program before signing up.
This agreement describes the entire terms and conditions for participation in the Federal Publishing
Authority, Inc. Affiliate Program. irstaxaudits.com and Great American Tax Accountants is owned and operated by Federal
Publishing Authority, Inc. In this agreement, Federal Publishing Authority, Inc. is referred to as “Company”
and “Affiliate” refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the
Affiliate"; "Company", "we" or "our" refers to Federal Publishing Authority, Inc.
This agreement is a binding, legal contract between you and the Company. As such, you
must be 18 years of age or older to participate in this Affiliate program.
By completing the enrollment form, you acknowledge that you have read the terms and conditions. You further affirm
that you understand these terms and conditions and agree to adhere to them.
All Affiliate applications are subject to approval by the Company. Upon receipt and acceptance of your enrollment
application, you will receive a letter welcoming you as an Affiliate. Upon receipt of the welcoming letter, our affiliation
arrangement begins.
Affiliate Site - ClickBank will create a unique URL for you when you submit
a complete Affiliate Enrollment Form. Affiliate is solely responsible for insuring that their Affiliate Link is setup properly
to qualify for commissions.
Commissions - You will receive 40% of the revenue as a commission from orders
placed through your Affiliate Site less the charges outlined by ClickBank in their agreement www.clickbank.com/paychecks.html. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for
the product ordered. Commissions will only be paid on sales which are made through qualified Affiliate links. If you commit
fraud or falsify information in connection with the order placement for our product through the links on your site, this agreement
will be immediately terminated. In addition to the termination, you will be liable to the Company for any and all damages
that the Company suffers as a result of your action.
Payment - ClickBank will send a check for the applicable commissions within
the framework of their policies www.clickbank.com/paychecks.html. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or chargebacks,
the amount will be deducted by ClickBank from the next payment due affiliate. Although the Affiliate Program is not
limited to the U.S. all payments will be made in U.S. dollars. If a qualifying sale is canceled or refunded, the related
commission will be deducted from the next payment.
Affiliate agrees to receive email from the Company, including but not limited to, promotional and marketing materials,
newsletters, training and other sales related correspondence.
You may choose to opt-out of the Affiliate Program at any time by sending an email request to Affiliates@irstaxaudits.com indicating that you no longer wish to engage in an Affiliate relationship with the Company. This notification
will also un-subscribe you from promotional messages, newsletters and any additional correspondence from the Company.
This agreement is “at-will” in nature and may be terminated by either party at
any time with or without cause by giving the other party written notice of termination.
Relationship of Parties - Notwithstanding the use of the term "Affiliate" or
anything to the contrary herein, this Agreement does not create, and will not be interpreted or construed as creating or evidencing,
any partnership, franchise, or agency between the Parties or as imposing any partnership, franchise or agency obligation or
liability upon either Party. Under no circumstances shall AFFILIATE look to Company as its employer, nor as a partner, agent,
or principal. The parties are independent contractors, with the sole relationship between them being that provided for in
this Agreement (i.e., AFFILIATE refers business to Company in exchange for a Commission). We want you to advertise our products
effectively as you see fit, but care must be taken to ensure there is no confusion between your organization and ours.
Also, you must represent our products in a positive and professional manner.
Order Processing and Fulfillment - Company will undertake good faith efforts
to process orders placed by Customers for the Product. Company reserves the right, in its sole discretion, to reject orders
for the Product, including orders from Customers residing or attempting to sign-up in particular geographic locations, or
orders that do not comply with certain requirements which Company may establish at any time. As between Company and AFFILIATE,
all aspects of order processing and fulfillment, including order entry, customer service, shipping, cancellations, returns
and payment processing will be handled by Company and/or ClickBank. ClickBank will track the amount of sales generated by
Customers directed to the Target URL by AFFILIATE, and will make this information available to AFFILIATE through reasonable
means (including electronically) in Clickbank or Company’s discretion.
Prices - The Company reserves the right to change the product prices from time
to time without any advance notice to Affiliate which may have an effect on the commission. Any credit accumulating after
such change will be at the new rate, i.e. the Affiliate is not guaranteed to have the same rate as the one started with. As
we see it now, such change should never be necessary.
Term and Termination - This Agreement shall commence on the Effective Date
and remain effective until the end of the Term. Company may terminate the Agreement for any reason at anytime if we determine
that your site or email content does not meet our standards. This is purely subjective in nature and any determination made
by the Company will not be negotiable. Upon any termination, AFFILIATE shall immediately cease using any Links and shall
remove all Links from the Referral Site. AFFILIATE shall be entitled to any Commissions relating to Customers generated by
Company prior to termination of this Agreement. Notwithstanding the foregoing, Company may retain any Commissions due AFFILIATE
for reasonably anticipated chargebacks, credits, or other anticipated charges or liability reasonably attributable to AFFILIATE.
Spam or Unsolicited Commercial Email - For the purpose of this agreement SPAM
is defined as e-mailing anyone in bulk or by single mailing, about Company, Company products or services, who has not specifically
requested the information directly from Affiliate. Company considers any type of advertisement about Company, Company
products or services, posted to a Newsgroup or Chat Room, in violation of their posting rules, to be spam.As an Affiliate
you agree to comply with all U.S. State and Federal spam laws, including, but not limited to the Federal CAN-SPAM Act.
The Company has zero tolerance with regard to their Affiliates being associated with spam. Upon verification that you
are acting in such a manner that would bring discredit to the Company or its Affiliate program, your account will be immediately
terminated and you will forfeit any pending commissions in your account. This decision will be at the sole discretion
of the Company.
Because damages
are often difficult to immediately ascertain, if actual damage cannot be reasonably calculated then you as Affiliate agree
to pay Company liquidated damages of $400.00 for each piece of spam or unsolicited email transmitted from or otherwise
connected with your account, or actual damages whichever is greater, to the extent such actual damages can be reasonably calculated.
We will not hesitate to avail ourselves of any and all legal recourses available to us, and will prosecute under the fullest
extent of the law.
As an Affiliate of the Company, you agree to the following terms of use:
E-mail Marketing - (a) AFFILIATE shall provide users the ability to "opt-out"
of (i.e., request to be removed from) future e-mails sent by AFFILIATE. Further, AFFILIATE shall (b) publish the Links contained
in such e-mails in a manner that indicates that Company is not sending the e-mail, or affiliated in any way with AFFILIATE;
(c) use a valid e-mail address from which the e-mail is sent; (d) utilize subject line descriptions that are clear, conspicuous,
truthful and accurate as to the subject of the e-mail; (e) not disguise, obscure, or use misleading routing information; (f)
promptly remove Users who "opt-out" from future mailings within five (5) days of receiving the "opt-out" notice in whatever
form; (g) not send an amount of e-mails that would impair a third parties' servers or network; and (h) include "ADV:" as the
first part of any subject line used in connection with such e-mail.
Privacy - To protect our customer privacy, we cannot provide identifying customer
names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and
perhaps other data for your records.
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 commissions paid or payable to you under this Agreement. This agreement will be
governed by the laws of the United States and the State of Illinois. AFFILIATE hereby consents to the exclusive
personal jurisdiction of the courts in Lake County, Illinois, USA for any and all claims or disputes arising out of, to enforce,
construe, or otherwise relating to this Agreement.
Disclaimers - We make no express or implied warranties or representations with
respect to the Affiliate Program or your potential to earn income from the Affiliate Program. Affiliate Program is provided
“As Is”. In addition, we make no representation that the operation of our site or the Affiliate links will be
uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Affiliate understands that Affiliate tracking can never be 100% accurate and Company is not responsible for inaccuracies
that might occur beyond its control. Tracking of Affiliate sales depend on several factors which are out of the control of
the Company. It is the goal of the Company to make Affiliate tracking as accurate as possible, however, Company cannot guarantee
100% tracking for situations beyond its control.
Assignment/Delegation - AFFILIATE shall not assign any of its rights, nor delegate
any obligations, hereunder. Any purported assignment of rights or delegation of duties by AFFILIATE shall be null and void
and of no force or effect.
No Third Party Beneficiaries - This Agreement is not intended to and shall
not be construed to provide any rights, remedies or benefits to or for any person or entity not a Party to this Agreement,
including, but not limited to, Customers or Users.
Severability - If any provision of this Agreement is held invalid, unenforceable
or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect.
Full Integration; Amendments in Writing - This Agreement constitutes the entire
agreement between AFFILIATE and Company relating to the matters set forth herein. No prior or contemporaneous written, oral,
and electronic representation, negotiation, or agreement form a part of this Agreement, and this Agreement supersedes all
prior written, oral, or electronic agreements between AFFILIATE and Company relating to this Agreement. No amendment, modification,
or supplement to this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company.
ClickBank - By signing up with Clickbank, you acknowledge that you have read
this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying
on any representation, guarantee or statement other than as set forth in this agreement.
I (AFFILIATE) HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITION
