eMoney Secrets
Affiliate Agreement

Effective Date: March 27, 2007

Become An Affiliate

Welcome to the eMoney Secrets Affiliate Agreement (hereinafter called "Agreement"). eMoney Secrets is a division of Grow Books Inc, a Delaware Corporation (hereinafter called "The Company"). This Agreement sets forth the terms and conditions under which The Company makes its eMoney Secrets Affiliate Program (hereinafter called "Affiliate Program") available to you. By becoming an eMoney Secrets Affiliate (hereinafter referred to as "The Affiliate") and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.

The Company reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the The Company Web Site, located at:

http://emoney-secrets.com/affiliateagreement.htm.
 

      

 

In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the The Company Web Site will constitute binding acceptance of the changes.

1. General Rules

1.1 The Company Terms of Service and the The Company Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the The Company Terms of Service and the The Company Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "The Company Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Section 12 of the Terms of Service. In the event of an inconsistency between this Agreement and the The Company Terms of Service this Agreement shall control.

2. Becoming an eMoney Secrets Affiliate

2.1 Eligibility. The Company will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13.

2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account (hereinafter called "Account") with The Company through its online registration process.

2.3 Contact Information. You must provide The Company with accurate and complete contact and payment information when you open an Account. You must immediately notify The Company if any of your contact or payment information changes. If you do not provide The Company with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.

2.4 Account Security. You will be given a password different if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify The Company immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify The Company immediately if you become aware of any other breach or attempted breach of the security of your Account or the The Company Service.

3. Your Obligations

3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of The Company and third parties. You must comply with the Affiliate Guidelines and any other applicable guidelines set forth in the The Company Content Usage Policy.

3.2 Special Links. As a member of the Affiliate Program, The Company will provide you with special "tagged" link formats ("Special Link(s)") to be used in linking to the The Company Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the any of The Company's websites if such activity was originated from properly formatted Special Links. The Company will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.

3.3 Use of Special Links. The Company will provide you with the Special Links and graphical artwork to use in linking to the The Company Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines. The Special Links will include, without limitation, one or more of the following types of links to the The Company's websites:

(a) Product Links

(b) Banner Links

(c) Text Links

4. Customers Purchasing Via the Affiliate Program.

4.1 Order Processing and Reporting. The Company will process all product orders placed by customers who follow Special Links to the The Company websites ("Customers"). The Company reserves the right to reject orders that do not comply with any requirements that The Company has and may periodically establish. The Company will be responsible for all aspects of order processing and fulfillment. Among other things, The Company will prepare order forms, process payments and handle customer service. The Company will track sales made to Customers who purchase products using Special Links from your website or blogs to the The Company websites and will make available to you reports summarizing sales activity. The Company will use commercially reasonable efforts to present accurate information in the reports, but The Company cannot guarantee the accuracy of the reports.

4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of the The Company rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. The Company may change the The Company policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your website(s) or blog(s). The Company will use commercially reasonable efforts to present accurate information, but The Company cannot guarantee the availability or price of any particular product.

4.3 Affiliates As Customers. Although Customers can become Affiliates, Affiliates are prohibited from becoming Customers by using their Affiliate Special Links in order to receive a discount on The Company's products. If an Affiliate uses his own Special Links to purchase any of The Company's products, said action shall cause Affiliate's Termination from the Affiliate Program.

5. Affiliate Commissions and Reporting.

5.1 Affiliate Commissions. The Company will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule ("Commissions"). The Affiliate Commission Schedule is incorporated herein. Affiliates earn commissions on all transactions from all sales through the Affiliate's Special Links. Those sales will receive a 50% (fifty percent) commission of the retail amount of the sale (after any discounts).

5.2 Payment of Commissions.

    (a) Tax Information. In order to receive your Commissions you must provide your taxpayer information to The Company as required by the IRS. If The Company does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.

    (b) Payment Terms. The Company will pay you Commissions on a monthly basis. Within 60 days following the end of each calendar month, The Company will send you a check for the Commissions you have earned for the relevant month.

    (c) Charitable Contribution. Unless you and The Company otherwise agree in writing, The Company may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of The Company's choice (or any charity agreed upon in writing by you and The Company) if: (i) you fail to provide The Company with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If The Company makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.

    (d) Termination Fees. If you or The Company terminate your Account, and you have less than $25 in accrued but unpaid Commissions then outstanding, The Company may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.

6. Identifying Yourself As An Affiliate.

6.1 Logo. The Company requests that you DO NOT show any graphic logo image from eMoney Secrets on your websites or blogs. However, you may show product logos from any of eMoney Secrets products.

6.2 All other Communications. Except as provided for in the eMoney Secrets Affiliate Control Panel, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without The Company's prior written consent, which may be given or withheld in its sole discretion.

7. Limited Licenses.

7.1 The Company License to You of Banner Ads, Product Logos and Links. The Company grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by The Company, for use on your website(s) or blog(s), or in your emails, solely for the purpose of promoting The Company's website(s) or blog(s) as a participant to assist in generating Commissions. In addition, The Company grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your website(s) or blog(s) to the The Company website(s) and promoting the sale of products on the The Company website(s). All product images must be served from the The Company's eMoney Secrets Affiliate Control Panel and cannot be used in any form other than the form provided by The Company. You may not modify the graphic images or text, or any other of the The Company images, in any way without express written permission of The Company. The Company may revoke your license at any time by giving you written notice. The Company reserves all of its rights in the graphic images, text, any other images, The Company trade names and trademarks, and all other intellectual property rights. Any and all rights in and to The Company's intellectual property shall inure to the benefit of The Company.

8. Indemnification.

As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold The Company harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold The Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that The Company's use of any images provided via your website(s) or blog(s) infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to The Company. The Company may withhold any Commissions that it owes you if you have to indemnify The Company.

9. Term and Termination.

9.1 Term. The term of this Agreement will begin upon The Company's acceptance of your Affiliate Program application and will end when terminated by either party.

9.2 The Company Termination. In its sole discretion, with or without notice to you, The Company may terminate your participation in the Affiliate Program and terminate your Account. If The Company determines, in its sole discretion, that you are abusing the system, the Service and/or the Affiliate Program, The Company may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.

9.3 Your Termination. You may terminate your Account for any reason at any time by visiting the "Close Account" page within the members area (Your Account > Account Login Info > Close Account).

9.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. The Company may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the The Company website(s), product images from the The Company database, all The Company trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of The Company to you pursuant hereto or in connection with the Affiliate Program.

Become An Affiliate