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Affiliate Agreement



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Success Songs Affiliate Terms & Conditions

This agreement is by and between Success Songs and you, the affiliate. By completing the affiliate application, you are acknowledging you have read this agreement and agree with all the terms and conditions within it. Success Songs has the right to modify the terms and conditions contained in this agreement at any time and in our sole discretion. All modifications will be included within this agreement. Modifications may affect referral commissions, payment procedures, and rules. If a change to the terms and conditions is unacceptable, your only option is to opt out of the affiliate program. By continuing to participate in the affiliate program you are accepting and agreeing to the any changes.

In entering into this agreement, you, are agreeing to be an independent contractor and not create any partnership, agency, franchise, joint venture, sales representative, or employment relationship between Success Songs and you. You cannot make or accept any offers or representations for Success Songs. You agree not make any representations, in any form that would contradict the terms of this Agreement.

Success Songs or you may terminate this Agreement by giving the other a written notice of termination at any time, with or without cause. When written termination is received, you will immediately be ineligible for commissions. Once terminated, you will be paid any outstanding commissions due within 3 months.

You may not assign this agreement without our prior written consent. You understand that Success Songs does not guarantee or predict any type of profit or response from being an affiliate.

As an affiliate, you agree to hold Success Songs harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature in which Success Songs may become a subject arising out of becoming an affiliate under this agreement. This includes, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. Success Songs total liability arising with respect to this agreement and the affiliate program will not exceed the total referral fees paid or payable to you under to this Agreement.

Success Songs will provide you the information needed to create materials with your affiliate links to send your referrals to SuccessSongs.com. All materials Success Songs materials are copyright protected and cannot be duplicated without written permission from Success Songs. Use of any other material in any form including digital or otherwise must be approved by Success Songs in writing before distribution. Success Songs will fulfill all orders, process payments, and handle any related customer follow up as necessary on the affiliate sales placed by your referrals through your affiliate link. Success Songs will track the sales generated by your affiliate link and provide you with information regarding your sales.

You agree not to send unsolicited email messages, or Spam, to promote Success Songs. Promotional emails will only be sent to those who have granted permission by opt-in or to those who you have a personal relationship. You agree to comply with the CAN-SPAM Act of 2008 and all its provisions. Any email you send as a Success Songs affiliate shall not use a falsified sender domain name or falsified IP address. Emails promoting Success Songs will not use a misleading subject line to disguise or conceal the nature of the content. Any email will include your contact information with your physical address. You agree to always include an opt-out feature in every email you send to promote Success Songs. You shall not use Success Songs or our trademarks, trade names, service marks, logos or other Success Songs identifying information in the email address line of your emails. Your emails must include a message in the body and by the from address that communicates the email is from you.

Success Songs will not tolerate SPAM and will take steps to prevent being involved in SPAM. If there is any case involving Success Songs and one of its affiliates, we will take full legal recourse against the offending party as defined under applicable laws.

You will receive referral commissions based on the sales you generate and the current commission rates in effect when the sale is made. Success Songs mails out commissions once each quarter, for any sales generated by affiliates in the previous quarter. If the commission earned amount is less than $50, you will receive your accumulated commissions once the amounts exceed $50. At the end of each year, you’ll receive a commission check for any accumulated commissions you earned that haven’t been paid out over the course of the year. If a product is purchased by fraudulent means, we will deduct the corresponding referral fee from your next payment. If there are no commissions due, we will send you a bill for the commission paid on any sales transacted through fraudulent means.

Affiliates will only be paid commissions on sales from new contacts not in Success Songs database. Affiliates are not eligible to earn commissions on their own purchases of Success Songs products. The commission paid will be on the final price paid after any discounts, or promotions have been taken into account. Affiliates must provide Success Songs with a completed W-9 Federal Tax form before any commissions are paid to the affiliate. The affiliate agrees to be responsible for all taxes on commissions paid.

Success Songs agrees to pay you commissions as described on our website for referral sales to anyone not already within our database.

You agree to provide us with your physical address, email address, telephone number, billing information changes, and any other information needed as an affiliate.

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.

If an organization is the affiliate, 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 mediation or any recognized Arbitration Board located within California, before instituting litigation.

This Agreement will be governed by the laws of the United States and the State of California. Any action relating to this agreement must be brought in the federal or state courts located in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts.