This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the CareerPlanner.com Affiliate Program (the "Program"). As used in this Agreement, "we" means CareerPlanner.com Inc, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to CareerPlanner.com's site, located at the URL www.CareerPlanner.com, or to any site that you will link to our site (and which you will identify in your Program application).
Enrollment in the Program To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.
Preferred sites would be those related to jobs, job searching, resumes, careers, education, self discovery, personal development, human resource management, career testing, personality testing, career planning and career counseling.
Unsuitable sites include those that:
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
Links on Your Site Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more Special Links to our site.
Special Links are links which include an Affiliate Code unique to you, and provided by us.
You acknowledge that, by participating in the Affiliate Program and placing links to our site within your site, CareerPlanner.com may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the CareerPlanner.com program constitutes your specific and unconditional consent to and authorization for CareerPlanner.com's access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in CareerPlanner.com's Privacy Notice.
Order Processing We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will process orders, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to our site and will make available to you reports summarizing this sales activity.
The form, content, and frequency of the reports may vary from time to time in our discretion.
Referral Fee Schedules and Qualifying Products Referral fees are paid on our online career tests but are not paid on the sale of books, and career counseling services provided by third parties.
Referral fees are based on the sales price net of tax.
The referral fee for our Career Test is 20% up to a maximum of $5.00. This test presently sells for $18.95 to $29.95. Typical referral fees would be:
$18.95..................$3.79 $24.95..................$5.00 $29.95..................$5.00
Referral fees may be changed at our discretion. We will provide 30 day notice via posting on our web site, and via email to you. We are not responsible for emails which may not be received by you. Levels of SPAM and SPAM filters on the internet are making emails unreliable.
Referral Fee Time Out Referral fees ar CareerPlanner.com have two basic time out settings, the initial session and the life of the cookie.
You will be paid for completed, non cancelled, non refunded purchases of Qualifying Products purchased either during the initial session, or purchased while our cookie is still in place on customer's computer.
We set cookies to last for one year, however we are not responsible for customers that delete cookies or block cookies.
In the event a customer is blocking cookies, the referral fee will only be paid for purchases completed during the initial session after following the Special Link from your site.
Referral Fee Payment We will pay you referral fees on a quarterly basis.
Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned.
We will accrue and withhold referral fees until the total amount due is at least $150.00.
Identifying Yourself as an Affiliate You may not issue any press release with respect to this Agreement or your participation in the Program, without written permission from CareerPlanner.com; such action may result in your termination from the Program.
In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that CareerPlanner.com supports, sponsors, endorses, or contributes money to any charity or other cause).
Limited License We grant you a nonexclusive, revocable right to use select graphic images and text described on our site under "Marketing Materials," for the sole purpose of identifying your site as a Program participant and to assist in generating Product sales.
You may not modify our Logo in any way.
We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
Term of the Agreement The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Special Links to our site, and all CareerPlanner.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
You are eligible to earn referral fees only on our sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers We make no express or implied warranties or representations with respect to the Program or any products sold 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.
Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be 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.
