Policies and Information about the Fortuigence Affiliate Program
This AGREEMENT (the "Agreement"), effective the day you accept the following terms, is entered into by and between Boomerang LLC dba Fortuigence with reference to the following:
A. Fortuigence is, and has been, actively engaged in the business of teaching, geared toward high school graduation and college preparation.
B. Affiliate is, and has been, actively engaged in the business relevant to their particular industry. While enrollment in the Affiliate program is automatically accepted, Fortuigence reserves the right to decline acceptance of any Affiliate it deems inappropriate.
C. The Affiliate desires to affiliate their website(s) for the sole purpose of sending visitors to Fortuigence in the hopes of gaining commissions from any sales from those visitors.
NOW, THEREFORE, in furtherance of the Agreement, and in consideration of the promises, mutual representations, warranties, covenants and agreements hereinafter set forth, the parties agree as follows:
1. Marketing Services Provided to Fortuigence and any associated company or division. Affiliate agrees to provide the following marketing services to Fortuigence within one week of the date of accepting this Agreement:
a. Webpage Link. Affiliate shall include at least one (1) text link to Sites as appropriate if the Affiliate has an online directory of websites they promote and/or endorse. The size and typeface of the text link shall be comparable to that of the other text links of this nature. The placement of the text link shall be within the sole and absolute discretion of the Affiliate.
b. Contextual Links. Affiliate shall include as many contextual text links to Sites as appropriate, in addition to the any banners or text links. Contextual links shall be words or phrases within promotional or other related body copy of the Fortuigence web site, e-zine or dedicated e-mails.
2. Payment of Sales Commission. Fortuigence and any associated company or division shall pay to the Affiliate a commission on the sales price of 25% on any product offered by Fortuigence. Commissions are paid monthly when the amount due is greater than or equal to $50 within forty-five (45) days from receipt of funds to allow for proper processing and settlement. If the amount due is less than $50, the amount due will be carried over to the next month.
3. Unsolicited E-Mail. You agree that You will not send unsolicited, commercial e-mail (i.e., "spam") to any persons or entities ("Recipients") absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the Recipient has voluntarily engaged in a transaction on Your Web Site and provided information to You through a contest, registration, or other communication, which included clear notice to the Recipient that the information provided could result in commercial e-mail being sent to that Recipient by You or Your agents. Any commercial e-mail or other online communications that are otherwise permitted hereunder shall include a prominent and easy means for the Recipient to "opt-out" of receiving any future commercial communications from You.
4. Term of the Agreement. This Agreement shall commence on the date this Agreement is accepted, and shall continue until terminated by either party.
5. Entire Agreement. This Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements.
6. Governing Law, Jurisdiction and Venue. This Agreement shall be governed in all respects by the laws of the State of New Jersey; and, all matters relating to the validity, construction, interpretation and enforcement of this Agreement, whether sounding in equity, contract or in tort, shall be determined in accordance with and under such laws. The parties agree that the State and/or Federal Courts in New Jersey shall have exclusive jurisdiction (personal and subject matter) over the parties and all actions, suits and proceedings of any type instituted by the parties, or on their behalf, in connection with this Agreement. The parties also agree that proper venue for all such action, suits and proceedings, shall be only in the State of New Jersey.
7. Severability. It is intended that each section of this Agreement shall be viewed as separate and divisible and in the event that any section or subsection therein shall be held to be invalid, the remaining sections or subsections shall continue to be in full force and effect.
8. Independent Contractors. Fortuigence and Affiliate 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.
9. Successors and Permitted Assigns. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and permitted assigns. Fortuigence and any associated company or division expressly reserves the right to assign all of its duties, rights, and benefits under this Agreement to a third party.
10. Modifications; Amendments; Waivers. Fortuigence reserves the right to modify this Agreement at any time by providing no less than 14 days notice to the Affiliate. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION AS AN AFFILIATE OF fortuigence.com FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL CONSTITUTE ACCEPTANCE BY AFFILIATE OF SUCH MODIFICATION.
11. Headings. The title of this Agreement and the descriptive headings contained herein are for convenience and reference only, do not form a part of this Agreement, and do not in any way modify, interpret, or construe the intentions of the parties to this Agreement.
Last updated on August, 2013
Copyright © Lily Iatridis, Founder, Fortuigence 2375 State Route 36 #162 Navesink, NJ 07752 U.S.A. All rights reserved.