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Terms of service To be an authorized affiliate of www.zellmannuniversity.com, you
agree to abide by the terms and conditions contained in this agreement. Zellmann Publishing, LLC® Affiliate Operating Agreement This
agreement describes the entire terms and conditions for participation in
Zellmann Publishing, LLC® Affiliate Program. Definitions:
“Affiliates” include all parties that refer visitors to Zellmann University®
websites in order to purchase products and services. In this agreement, the term “Participant”
and “Affiliate” refers to all accepted affiliate program applicants.
“Sponsoring promotion” refers to the promotion from which you will link to
Zellmann University®. Wherever the agreement refers to “you” or “your”, it
means “Participant”; “we” or “our” refer to Zellmann Publishing, LLC®. The terms “product” or “products”
refer to all products and services that have the ability to be sold through
Zellmann University® affiliate links.
Whenever the agreement refers to an Affiliate “selling” or having the
ability to “sell” or “resell” refers to the process of an Affiliate referring
people to Zellmann University website(s) for the purpose of purchasing
products Commissionable
Products: Zellmann Publishing, LLC® offers several information and
software products and services that can be sold by an affiliate in order to
earn commissions. Not all
Zellmann University® products qualify to be resold in the Affiliate
Program. Zellmann Publishing,
LLC® will upload all affiliate resalable products into the Zellmann
University Affiliate Product Store.
Products that are sent through the monthly Affiliate update email also
qualify to be resold. Some
products can be sold for only a limited time and once that time expires
Zellmann Publishing, LLC® will remove all tracking and will be unable to pay
commissions. You can
add or remove links at any time: You may add or remove as many links
to Zellmann University® at anytime and without prior approval from Zellmann
Publishing, LLC®. Commission
Amount: Every product that is qualified to be sold in Zellmann
Publishing, LLC’s® Affiliate program has a set commission assigned to
it. Zellmann Publishing, LLC®
can change the commission payable at any time. Zellmann Publishing, LLC® will do its best to inform
affiliates of any change to the program commission structure. Only qualifying products that are
sold by Zellmann Publishing, LLC®, shipped/sent to a customer and for which
Zellmann Publishing, LLC® has received full payment will qualify for a
commission. The total of
such sales in any given month will generate commissions for the Affiliate,
based upon the applicable flat rate or percentage commission for each
product. Commission
Payment: Zellmann Publishing, LLC® will send a commission check, for the
previous calendar month’s commissions earned, approximately 10 days after the
1st of each calendar month.
Zellmann Publishing, LLC® will do its best to ensure commissions
checks are sent out in this time frame. A statement
of customer purchase activity is located in the online Affiliate Resource
Center. Returns
and Cancellations: If a commission qualifying product is later returned by the
customer, its commission will be deducted from the next monthly payment sent
to the Participant. If there is no next monthly payment, the Participant will
be billed. Order
Processing: Zellmann Publishing, LLC® will be solely responsible for
processing every order placed by a customer following an Affiliate link from
your sponsoring promotion. Customers can order through Zellmann Publishing,
LLC® secure online ordering process, Zellmann Publishing, LLC® phone
number(s), Zellmann Publishing, LLC® fax number or Zellmann Publishing, LLC®
mailing address. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility of Zellmann
Publishing, LLC®. All of the
rules, operating procedures and policies of Zellmann Publishing, LLC®
regarding customer orders and accounts will apply to orders we receive
through tracking links on your sponsoring website. Zellmann Publishing, LLC®
reserves the right to reject any order that does not comply with our rules,
operating procedures and policies. Tracking
of Sales: Zellmann Publishing, LLC® will be solely responsible for
tracking sales generated via supplied affiliate tracking links from the
sponsoring promotion. The Participant will be solely responsible for ensuring
that the affiliate tracking links are working properly, a necessary prerequisite
to tracking such sales. Statements of product sales activity will be provided
to the Participant through the Affiliate Resource Center. Promotional
Techniques: You are free to promote Zellmann University® in all the ways we
endorse. Examples of acceptable ways to promote the course are: through
banners and text links on your website to letters of recommendation to your
newsletters subscribers or your customers. However, if you resell our
products through unsolicited email (in any way, shape or form, including
newsgroup spamming), or on any WAREZ, CRACK, or SPAM oriented website; your
account will be immediately terminated. Any referral fees not paid up to the
point of termination will not be paid to you and will be property of Zellmann
Publishing, LLC®. As well, if
you choose to promote Zellmann Publishing, LLC® Sub Affiliate Program, it can
only be promoted as a two-tier business opportunity. This program is not a
MLM (multi-level marketing) opportunity and as an affiliate, you cannot
promote it as MLM. If you promote Zellmann Publishing, LLC® Affiliate Program
as MLM your account will be immediately terminated. Any referral fees not
paid up to the point of termination will not be paid to you and will be
property of Zellmann Publishing, LLC®. Affiliate
Representation: You are not permitted to represent yourself as an employee of
Zellmann Publishing, LLC® or Zellmann University®. You are not permitted to use images, copy or any other
promotional material that is unauthorized by Zellmann Publishing, LLC®. You are not permitted to represent
yourself as Zellmann Publishing, LLC® and/or Anton Zellmann in any marketing
materials. Zellmann Publishing, LLC® has the right to request removal of any
marketing materials or web sites that are used to promote Zellmann
University® products that Zellmann Publishing, LLC® deems unacceptable. If you do not comply, Zellmann
Publishing, LLC® has the right to terminate your affiliate account and could
seek legal counsel. Any referral
fees not paid up to the point of termination will not be paid to you and will
be property of Zellmann Publishing, LLC®. References/Testimonials: You agree
to cooperate with Zellmann Publishing, LLC® in the development of joint press
releases and testimonials. You further agree that you will allow us to use
your company name in marketing collaterals and make reference to you on our
website. Affiliates
Signing-Up under Themselves: We will not tolerate Affiliates
signing themselves up as a sub-Affiliate of their own assigned Affiliate
account in order to generate the additional commissions for their own sales.
If you do this, the account(s) in question will be immediately terminated and
any referral fees unpaid since our last referral payout will remain sole
property of Zellmann Publishing, LLC®. Earning
Commission On Your Own Purchase: Zellmann Publishing, LLC® will not
pay a commission on a purchase of a product or service that you make through
your own affiliate account If
you are earning commissions on the sales of Zellmann University® products to
third parties and want to get a copy of a product please contact the
affiliate support team. Copyrighted
Material: As the Participant, you are solely responsible for ensuring
that your reviews, product descriptions and articles (if applicable at your
site) obey all applicable copyright and other laws. You must have express
permission to use another party\s copyrighted material. Zellmann Publishing,
LLC® will not be responsible if you use another party\s copyrighted material
in violation of the law. Zellmann
Publishing, LLC® policy applies to all orders: Every
customer who buys a product through our Affiliate program is deemed to be a
customer of Zellmann Publishing, LLC®. The Participant does not have the
authority to make or accept any offer on behalf of Zellmann Publishing, LLC®.
All Zellmann Publishing, LLC® policies regarding customer orders, including
product availability, pricing and problem resolution, will apply to these
customers. Zellmann Publishing, LLC® is not responsible for any
representations made by the Participant which contradict our policies. Product
Prices and Availability: The price charged for every product sold under
this program will be determined by Zellmann Publishing, LLC® according to our
own pricing policies. In case of any price discrepancies, the price charged
to the customer will always be the price listed on Zellmann University®
webpage linked from your sponsoring website. Product
availability can change, and Zellmann Publishing, LLC® will present the best
information available to all participants and it’s referred customers
regarding product availability. Website
Service Interruption: Zellmann Publishing, LLC® will make every
effort to keep its website operational. However, certain technical
difficulties may, from time to time, result in temporary service
interruptions. The Participant agrees not to hold Zellmann Publishing, LLC®
liable for any of the consequences of such interruptions. Trademarks,
Trade Names, & Patents: You hereby recognize our right of
ownership of all Trademarks, Trade Names, and Patents associated with these
services. You will act consistently with these rights and act to preserve
them in the course of marketing and sales of these services. We grant you the
right to our Trademarks and Trade Names in connection with marketing and
sales of these services. Tax
Information: Zellmann Publishing, LLC® requires you to submit your tax
information in order for Zellmann Publishing, LLC® to comply with Tax
regulators in your country and in turn pay you commissions on sales. You are required to submit your tax
information upon signing up or if this option was not presented to you upon
sign up you must log in to your affiliate account and add your tax
information into the respective field immediately. Zellmann Publishing, LLC®
has the right to withhold commission payment if you fail to submit your tax
information. Term of
the Agreement: The Participant may receive commission payments on qualifying
orders that are placed during the term of this agreement. This term will
begin on the date that your application is approved by Zellmann Publishing,
LLC®, and shall end when canceled by either party as provided below. Referral
Fees earned through the date of expiration or cancellation of this agreement
will remain payable only if the products are not returned or canceled from
their orders. Payment of the final commission payment to the Participant may
be withheld for a reasonable time in order to ensure that the correct amount
is paid. The
agreement may be modified: Zellmann Publishing, LLC® reserves the right to
change any of the terms and conditions in this agreement, at any time and in
its sole discretion, by posting a new agreement on our website. Cancellation
of this Agreement: Either Zellmann Publishing, LLC® or the Participant, acting in
their sole discretion, may choose to cancel this agreement at any time by
written notice of cancellation to the other. The Participant’s Affiliate account will be disabled and
all current and future commissions will not be paid. Warranty
Disclaimer: Zellmann Publishing, LLC® makes no warranties, representations
or conditions with regard to the program or, except as expressly set forth in
Zellmann Publishing, LLC®\s then current product sales policies, any products
sold thereunder, whether express or implied, arising by law or otherwise,
including without limitation any implied warranty of merchantability or
fitness for a particular purpose or non-infringement or any implied warranty
arising out of course of performance, course of dealing or usage of trade. Limitation
of Damages: Zellmann Publishing, LLC® 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,
even if Zellmann Publishing, LLC® has been advised of the possibility of such
damages. Further, Zellmann Publishing, LLC®\s aggregate liability arising
under or with respect to this agreement or the program shall in no event
exceed the total referral fees paid or payable by Zellmann Publishing, LLC®
to Participant under this agreement. Miscellaneous: Participant
and Zellmann Publishing, LLC® 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 Zellmann
Publishing, LLC®. Subject to the foregoing restriction, this agreement is
binding upon, insures to the benefit of and is enforceable by the parties and
their respective successors and assigns. Governing
Law: This agreement shall be governed by the laws of the State of
Georgia, USA. |