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WhenToWork Affiliate Program Agreement

The following are terms and conditions for participating in the WhenToWork Affiliate Program. "Affiliate" refers to you, and "W2W" refers to WhenToWork, Tustin, California, USA.  

W2W reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income shall constitute Affiliate's acceptance of any and all amendments.
 
1. Affiliate is Independent Contractor
Affiliate agrees that a W2W Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of W2W. Affiliate has no authority and agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of W2W.

2. Affiliate Age

 Affiliate must be of the age of majority in his/her state or country.

3. Application Subject to Approval

All Affiliate applications are subject to approval by W2W.
 
4. Agreement to Receive Mail from W2W
Affiliate agrees to provide W2W with a valid e-mail address upon registration.  Affiliate agrees to receive W2W e-mail, including but not restricted to sales reports, training, and newsletters. W2W will not disclose your e-mail address to third parties.

5. Affiliate Contact Information
Contact information (e-mail address, phone number, address, etc.) will be provided to W2W and is not disclosed to any other party.

6. Claims Regarding Potential Income
Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official W2W Website.

7. Affiliate may not Disparage W2W
Affiliate agrees not to disparage W2W, other W2W Affiliates, W2W products, the W2W compensation plan, or W2W employees. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.

8. Rules for Affiliates Regarding Spamming
Affiliate agrees to not utilize SPAM in promoting W2W. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the W2W Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by W2W. Any service interruptions to W2W as a result of Affiliates spamming will be billed to Affiliate at $200 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about W2W, who has not specifically requested the information directly from Affiliate.

W2W also considers ANY type of advertisement about W2W posted to a newsgroup, online forum, web log (blog) or chat room to be spam.

9. Commissions
Affiliate will earn the commission rate based on the amount paid by referred customer toward the first year of paid service. The current commission rate can be found at: http://WhenToWork.com/affiliates and is subject to change at any time.  If W2W issues a refund to a referral, any commission based on that refund which was previously credited to Affiliate will be subtracted from future commissions earned.

10. Payments made Monthly in US Dollars
Currently the W2W Affiliate Program is limited to persons or companies of the United States of America, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by company check and sent out monthly on or about the 10th for the previous month's sales. The minimum commission check that will be sent out is $30.

11. Affiliate Link URL
Affiliate will be issued an "Affiliate Link," a unique URL which allows W2W to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must either use the provided Affiliate link or have referred customers enter their Affiliate number or unique alias into the "Referred By" field when requesting a trial account.

12. Link Setup
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.

13. Disrupted or Diminished Service
W2W is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

14. Commission Tracking
W2W will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, W2W is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and W2W is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of W2W. It is the goal of W2W to make Affiliate tracking as accurate as possible.

15. Customer Privacy
To protect W2W customer privacy, if deemed necessary, W2W reserves the right to withhold identifying customer contact information from Affiliate.

16.  Use of W2W Logos, Trademarks & Service Marks
W2W reserves all rights in or to its trademarks and service marks  and copyrights.  Affiliates may use W2w marks and copyrights only in accordance with this Affiliate Program and Agreement. Affiliate may in no way display a W2W logo, image, or trademark which may be distasteful, defame, or misrepresent W2W. Only those logos found in the Affiliate login may be used by Affiliate.  Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.  Upon termination of this Agreement, Affiliate shall cease in the use of W2W's intellectual property.

17. Advertising Must be Approved
Affiliate shall follow W2W advertising guidelines and agrees not to misrepresent W2W products or services. Affiliate agrees to use only W2W-approved ads. They must be approved before you can publish them. Affiliate further understands that prohibited sites for advertising W2W products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.

18. Assignment of Affiliate Rights or Duties
Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of W2W. Upon request, W2W will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's W2W business.

19. Limitation of Liability
W2W shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement of program, even if W2W has been advised of the possibility of such damages.  W2W's aggregate liability arising under or with respect to this Agreement or the program shall in no event exceed the total commissions paid or payable by W2W under this Agreement.

20. Termination of Agreement
Both W2W and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

21. Indemnification
Affiliate shall indemnify, defend and hold W2W harmless from any and all claims, actions, demands or liabilities (including any attorney's fees & court costs) that may be made by anyone else against W2W and which arise out of the actions, inaction, violation of this Agreement, and/or negligence of the Affiliate, its employees or agents.

22. Severability
 In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. 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 your strict 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

23. Governing Law
This agreement will be governed by and construed in accordance with the laws of the State of California, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.

24. Limitation of Liability
Affiliate shall indemnify and hold W2W harmless from all claims, damages and expenses including without limitation: attorney's fees) resulting from Affiliate's violation of any of the provisions of this agreement.

DISCLAIMER:
We make no express or implied warranties or representations with respect to the services provided 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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

ARBITRATION:
Any controversy, dispute or claim between W2W and any other party arising out of/or involving any W2W business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.

The arbitrator shall apply California substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Orange County, California.

The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the State of California, County of Orange.

The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of California. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Last updated May 17, 2005

Questions? Please email affiliate@when2work.com.

 
 
 

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WhenToWork, Inc. · 360 E 1st St #301 · Tustin, CA 92780