This Affiliate Agreement is made by and agreed to between IRBO Inc. (Genealogy Freelancers) and Affiliate (You) for the purpose of utilizing Marketing Programs that are managed through Genealogy Freelancers Web site features (The Affiliate Console) via the Internet. In the context of this Agreement, You are referred to herein as Affiliate and/or (“You”) and Genealogy Freelancers is referred to as Genealogy Freelancers, and/or (“We”). You acknowledge and agree that by participating in any Genealogy Freelancers Affiliate Program You will be bound by all the terms and conditions set forth in this Agreement. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation." The word "or" means "and/or." This Agreement contains the complete terms and conditions that apply to participation in the Genealogy Freelancers Affiliate Program. As it pertains to in this Agreement “Genealogy Freelancers” means Genealogy Freelancers with offices at 1964 Millbrook St., Grand Rapids, MI USA, a Michigan Corporation.
Enrollment in the Genealogy Freelancers Affiliate Program: Genealogy Freelancers retains the right to accept the participation of any Affiliates who request enrollment in the Genealogy Freelancers Affiliate Program and in kind, Genealogy Freelancers maintains the sole right to disallow any Affiliates who request enrollment in the Genealogy Freelancers Affiliate Program for any reason. After review of requested Web Sites for consideration, Genealogy Freelancers will accept or deny participation by invitation. Please be aware that websites containing the following will not under any circumstance, be allowed participation in the Genealogy Freelancers Affiliate program:
Sites promoting violence
Sites promoting discrimination in any form
Sites with any defamatory content
Sites containing any pornography or adult content
Sites containing any illegal activity
Promotion of Genealogy Freelancers through an Affiliate Site: With the sole purpose to promote Genealogy Freelancers, the Affiliate agrees to place banners, buttons or links on an area or on multiple areas of their website in the duration of their enrollment to the Genealogy Freelancers Affiliate program. Banners, text links and buttons will be provided by Genealogy Freelancers on their Affiliates portal. The Affiliate will take full responsibility for the proper placements of the links within their website and to ensure that Links between Genealogy Freelancers and Affiliate's site are formatted in a proper manner. The Affiliate must notify Genealogy Freelancers of all sites that will include the Genealogy Freelancers affiliate links prior to placement of the said link. Visitors to the Affiliates site must clearly understand that clicking on the approved service links will take the visitor to Genealogy Freelancers.com. We encourage you to provide a link to our home page at "http://www.Genealogy Freelancers.com" and acknowledge that you are a Genealogy Freelancers affiliate.The Affiliate agrees to take total and complete responsibility for the upkeep of their Affiliate site including, but not limited to development and operations. Genealogy Freelancers takes no responsibility and has no liability for any facet of any kind in regard to the Affiliate’s site.
Commission Payments to Affiliate: Genealogy Freelancers will pay a commission to the Affiliate based solely upon a completed sale. This means that Payment to the Affiliate will be made when Visitors referred to the Genealogy Freelancers Web site results in a sale of a product or service. The sale may occur at the time of the visit or at a later time not to exceed thirty (30) days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
Genealogy Freelancers shall establish a Payout rate for qualifying Affiliates for each Service. All Payouts and Payout Rates will be calculated in US Dollars. Your Account will be credited with each Payout in accordance with the Payout rate for each unique Visitor action resulting directly from Links from each of Your Web sites and/or subscription e-mail that result in a sale of Genealogy Freelancers services. The current commission percentage will be provided on the Genealogy Freelancers Affiliate portal. The Affiliate will receive commission during the active term of their enrollment with the Affiliate program and only while an active agreement is current.At the sole discretion and at any time, Genealogy Freelancers reserves the right to make changes to the Commission percentage and/or structure. Genealogy Freelancers may discontinue Products or Services, or decrease any Payout rate at any time, for any reason and immediately after which (in the case of discontinuation) there will be no credit for any future Transactions originating from Your Web sites and/or e-mails. Genealogy Freelancers will notify the Affilliate regarding each change in Payout rate(s) or Product discontinuation via a message on the Affiliates page or via email. Payments for earned commissions to the Affiliate can be received by method of PayPal, AlertPay, MoneyGram or by check. Affiliate must make an official request via the Affiliate Portal for the withdrawal of funds. Funds to be received by PayPal or AlertPay will be approved following the end of each calendar month. Payment by check or MoneyGram Wire transfer will be sent out within fourteen days of request and following the end of each calendar month. Payments by PayPal and AlertPay are subject to a $1.00 Service fee per transaction. Payment by MoneyGram is subject to fee that varies by location and amount of transaction.Genealogy Freelancers shall have no obligation to make payment of any Payouts for which Genealogy Freelancers has not received payment from the referred Customer. Your recourse for any earned Payouts that have not been received by Genealogy Freelancers and not paid to You shall be to make a claim against the referred Customer(s) and Genealogy Freelancers disclaims any and all liability for such payment.
Chargebacks: A Customer may request that Genealogy Freelancers, or Genealogy Freelancers may on its own initiative, debit Your Account with an amount equal to a Payout that had previously been credited to Your Account in circumstances of a: duplicate entry or other data error; or, in regard to a sale, non-receipt of payment from, or refund of payment to the referred Visitor (the chargeback) Chargebacks requested by a Customer may be applied up to and including the 90th day after which the Payout was earned. The Affiliate may have a negative balance if the Affiliates Account has been debited with amounts equal to previous Payouts for Chargebacks. In the case of a negative balance, the Affilliate agrees, upon request by Genealogy Freelancers, to a payment to Genealogy Freelancers in an amount sufficient to bring Your Account to a zero balance. Affiliate may make such payments via check, wire transfer, or certain credit cards via PayPal. Your Account will not reflect payment if payment method is by check until the check has cleared and funds have been successfully transferred to Genealogy Freelancers bank account.
Reporting Method: In order for Genealogy Freelancers to record and report the tracking activity of Visitors' transactions that result from clicks on Links from Affiliate Web sites, code must be included in and maintained within the Product Links. Affiliate is responsible for serving all advertisements ("Ad Content").The Affiliate will select a password or Genealogy Freelancers will provide one for them in order for the Affiliate to gain entrance to a password-protected site portal. Genealogy Freelancers will provide Affiliate with access to tracking, reporting and support services. Report information will be tracked through the Tracking Code regarding transactions that result directly from Links placed from Affiliate's site. Tracking details regarding Visitor Transactions for all Services is not available on a real-time basis and it is possible that there will be reporting delays regarding Transactions for some Merchants
Limited License: For the duration of the Affiliates enrollment in the Genealogy Freelancers Affiliate Program through this Agreement, and for each product or service you choose to promote, Genealogy Freelancers grants to Affiliate a revocable, non-exclusive, non-transferable, and royalty-free right to display and link to Genealogy Freelancers Services page or services related content and all trademarks, logos, trade names, and/or copyrighted material (Content), from each of Your Web Sites and/or subscription e-mail for the limited and sole purposes of Promoting Genealogy Freelancers and those Products and/or Services subject to the terms and conditions of this Agreement. Affiliate shall not otherwise copy nor modify, in any way, any icons, buttons, banners, graphics, or Content that has been made available through the Affiliate Console pursuant to the foregoing limited license. Affiliate may not remove or alter any copyright or trademark notices. Genealogy Freelancers may not be held responsible for actions of Affiliate with respect to these sublicenses and Affiliate agrees that they will not use the Licensed Materials to portray Genealogy Freelancers nor their products and/or Services in a negative or a disparaging manner.
Term and Notices: The parties acknowledge and agree that submission of application and acceptance of that application will be completed either online or by electronic mail. Affiliate shall hereby waive their rights to a written and signed copy of this Agreement. This Agreement shall commence upon Your indication that You have accepted this Agreement by 'clicking through' the acceptance button in the Affiliate Console, and, through approval of your application by Genealogy Freelancers. Agreement shall be in effect until either Genealogy Freelancers or Affiliate terminate Agreement with or without due cause.In the case of violation of any policy regulations set forth in this Agreement, termination of Agreement will immediately ensue with or without notification. Affiliate agrees to cease operation and to remove any links to Genealogy Freelancers.You can provide written notice by mail to Genealogy Freelancers as follows: Attn: Affiliate Services, Genealogy Freelancers, 1964 Millbrook St. Grand Rapids, MI
Changes: This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. GENEALOGY FREELANCERS shall have the right to change, modify or amend ("Change") this Agreement, in whole or in part, by notifying You of such Change, by email, or by notification on the Affiliate Portal; however Genealogy Freelancers cannot Genealogy Freelancers will make a realistic attempt to notify Affiliate of such Change(s), but cannot promise that any such notification will be received. Changes may include, but are not be limited to, changes to applicable commission Fees, payout dates, payment options, payment procedures, and terms and conditions of the Affiliate Program.
Relationships of Parties/Third Party Rights: The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor. Affiliate will have no authority to represent Genealogy Freelancers in any capacity without the written approval of Genealogy Freelancers.
Indemnification: Affiliate agrees to indemnify and hold Genealogy Freelancers and its directors, officers, agents, representatives, employees and assigns, harmless from and against any and all claims, suits, costs, damages and judgments (including but not limited to attorneys' fees) incurred, claimed or sustained and suffered by Genealogy Freelancers for your breach of this Agreement from issues which may arise from any warranties, claims, false representations, unintentional or intentional violations of these terms and agreements by You or the affiliate site.
Arbitration: Any legal controversy or legal claim regarding injunctive relief arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the American Arbitration Association. Arbitration will be conducted on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Southfield, Michigan, as the parties to this agreement agree to be governed by the laws of Michigan. Either party may seek arbitration after the controvery or claim with limitation to a reasonable time between that end.
Assignment and Acknowledgement: Neither party to this Agreement may assign this Agreement without the prior and express, written permission of the other party. Your use of the Affiliate Console is irrefutable acknowledgement by You that You have read, understood and agreed to any and all terms and provisions of this Agreement.