participation in our Affiliate Program. As used in this Agreement, "we" or "us"
refers to virtualassistantcommunity.com, Inc and "you" refers to the applicant. You
must be 18 years of age or older to enter into this Agreement with us.
- How Do I Enroll in Your Affiliate Program?
completed Affiliate Program application.
Please do not use our site to:
If your site is determined (in our
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promote illegal activities
- Incorporate any materials which infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights or to violate the law
- Promote in any way unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically or otherwise objectionable opinions or
- Purchase or bid for placement of any of virtualassistantcommunity.com's
trademarked company names. These names include: virtualassistantcommunity.com and any
variation of our trademarked name.
sole discretion) to be unsuitable for the Program, we may terminate this
Agreement at any time. We will not be liable to you for any costs, damages or
lost profits as a result of our termination of this Agreement.
- How Do I Link My Site To virtualassistantcommunity.com?
We will make available banner advertisements, buttons and/or
text links to our site for you. The links we may make available could be in the
form of: These links
will allow your visitors to enter our site and enable us to keep track of the
sales you may earn if they purchase products from us. Instructions describing
how to include and maintain links to our site are on the website. To permit
accurate tracking, and reporting, the links we provide you are in a special
"tagged" link format, or "Tagged Links". You are responsible for ensuring that
each of the links between your site and our site is a Tagged Link. You agree not
to modify the Tagged Links in any way.
- How are Customer Orders Processed?
We process orders
placed by customers who enter our site via Tagged Links. We reserve the right to
reject any orders that do not comply with our policies or conditions at the time
of the order. We are responsible for all aspects of order processing and
fulfillment. Among other things, we prepare order forms, process payments, and
handle cancellations and customer service. We track sales made to customers who
purchase a membership using Tagged Links and will make available to you reports
summarizing this sales activity. The form, content, frequency and method of
delivery of the reports may vary from time to time in our sole discretion.
- How Do I Get Paid?
We will pay you when visitors
from your site use the Tagged Link to purchase a membership from us. The percent
is specified in referral fee schedules to be established by us. The purchase
must be completed on our site via a valid credit card. We do not take phone
orders. The purchase must be completed during a "Session" (defined below).
"Session" shall mean the period beginning upon a visitor's entry to our site via
a Tagged Link (regardless of whether the visitor leaves and then returns to the
site) and ending 7 days thereafter if the visitor accepts "cookies" from our
site (see explanation below). Any Session in progress will automatically
terminate upon the expiration or termination of this Agreement or upon the
visitor deleting our cookie. Note regarding "Cookies": To keep track of the
Session, we use a small text file called a "cookie" that is placed on the hard
drive of the visitor's computer. Some web browsers permit users to elect not to
receive cookies. Only visitors who accept cookies can be tracked for referral
fees. No referral fee can be paid for any purchase made by a visitor who does
not accept "cookies" or who has deleted our "cookies" during a session.
- How Much Do I Get Paid?
We will pay you up to 50%
of the membership fee.
- Who Sets the Policies and Pricing for
Customers who buy a membership through this Program
will be deemed to be our customers. Accordingly, all rules, policies, and
operating procedures concerning customer orders, customer service and product
sales from and by virtualassistantcommunity.com will apply to those customers. Also,
the terms, conditions and policies of our site will apply to the visitors'
conduct and their rights and obligations while visiting our site. We have the
right to change our policies and operating procedures at any time. For example,
we will determine the prices to be charged for products sold under this Program
in accordance with our own pricing policies. Because product prices and
availability may vary from time to time, we cannot permit you to include pricing
or product descriptions on your site independent of the materials we provide in
the Links. We will use commercially reasonable efforts to present accurate
information, but we cannot guarantee the availability or price of any particular
product. You are responsible for periodically visiting, reviewing and becoming
familiar with the terms and conditions sections of the virtualassistantcommunity.com
site, which are incorporated into this Agreement by reference
- Ownership and License.
We hereby grant you a
limited, non-exclusive, nontransferable, non-sub licensable, revocable right to
use the graphic images and text we are providing to you solely for the purpose
of creating links from your site to ours. You may not modify the graphic image
or text, or any other of our images, in any way, or engage in "site framing" or
similar processes. We reserve all of our rights in the graphic image and text,
any of our trade names, trademarks, domain names, copyrights trade dress and any
other intellectual property rights. You agree to follow our guidelines for use
of our trademarks, as those guidelines may change from time to time, in
addition, you agree not to use our trademark in any search engine keyword
optimization. We may revoke your license at any time by giving you written
notice. You also agree that you shall use the Tagged Links only in order to link
to our site and to promote your ability to do so pursuant to this Agreement. You
agree that you shall not present the Tagged Links or any images comprising them
in combination with any other name or mark, in connection with your own goods or
services, or in any manner that may suggest or imply that you or your goods or
services are supplied by, sponsored by, endorsed by or affiliated with
- You are Responsible for Your Site.
You will be
solely responsible for the development, operation and maintenance of your site
and for all materials that appear on your site. For example, you will be solely
- The technical operation of your site and all related equipment · posting and
maintaining links to our site
- The accuracy and appropriateness of materials posted on your site
- Ensuring that materials posted on your site do not violate or infringe upon
the rights of any third party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise
illegal We disclaim all liability for these matters.
will indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, reasonable attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
- How Long is the Term of this Agreement?
The term of
this Agreement will begin upon submission of your 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 notice of termination in
accordance with the notice provision of this Agreement. Upon the termination of
this Agreement for any reason you will immediately cease use of, and remove from
your site, all links to our site, and all virtualassistantcommunity.com or
virtualassistantcommunity.com trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on Qualifying Purchases occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
- Can this Agreement be Modified?
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 our site.
Modifications may include, for example, changes in the scope of available
referral fees, referral 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 THREE DAYS
AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- What is the Legal Nature of our Relationship?
and we are independent contractors, and nothing in this Agreement will create
any partnership, 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 in this Section. This is a binding contract between you and us. By
completing the application and by clicking on the "Agree" button below, you
indicate your willingness to be bound by this Agreement.
- Our Liability to You is Limited.
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 this Agreement.
We make no express or implied warranties
or representations with respect to the Program or any products sold through the
Program (including, without limitation, warranties of fitness, merchantability,
non-infringement or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no representation
that the operation of our site or the links or Tagged Links will be
uninterrupted or error-free, or will not be re-routed or "black holed." As a
result, we might temporarily be unable to capture information regarding Tagged
Links. We will not be liable for the consequences of any such interruptions or
errors. The Program is intended for commercial use only. 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 OR MAINTAIN AFFILIATES 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. Notices to you are effective if
provided in writing to the postal addresses, electronically to the e-mail
address set forth in the application or if posted on our website. Notice to us
may be given in writing to SafeGate Community, Box 544, Lexington, AL 35648,
Attention Affiliate Marketing Program; or by e-mail at
affiliates@SafeGateCommunity.com. This Agreement will be governed by the laws of
the state of Tennessee 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 Tennessee 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 enforceable against the parties
and their respective successors and assigns. Our failure to enforce 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.