Terms and Conditions
Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Legacy Family Tree Webinars Affiliate Program (the "Affiliate Program"). As used in this Agreement, "we" means MyHeritage. and "you" means the applicant, and "product" means any Legacy product offered for sale from The Legacy Family Tree Webinars Web Site.
We will process orders placed by customers who order a product. We reserve the right to reject orders that do not comply with any requirements that we may establish from time to time. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and returns and will handle customer service.
We will pay you referral commission of Ten Percent (10%) on all Legacy Family Tree Webinars product sales to third parties. Referral commissions to you will be based on the revenue stream from the third party. For a sale to generate a referral commission, the customer must follow a special link from your site to our site, purchase Legacy Family Tree Webinars product using our online ordering system, and remit full payment to us. We will not pay referral commissions resulting from any "spamming" or bulk emailing by you with exception of email to your customer or confidential prospect base.
Earning of Referral Commissions
Only customers referred to us through a properly configured link from your site may count towards the earning of referral commissions. Customers referred to us by you through word of mouth or by an improperly configured link on your site are not eligible referrals and will not count towards your calculated referral commissions.
Terms for Qualified Referrals
In order for a purchase to qualify for referral commissions, the following conditions must be met:
All payments for the purchase have been received
60 days have passed from the date of purchase
No items of the purchase have been returned
You will earn referral commissions of 10% based on the sale price of Legacy Family Tree Webinars products. Sale price means the amount remitted by customer, excluding taxes and shipping charges. We can change this sale price of a Legacy Family Tree Webinars product or the commission paid to you at anytime. Changes to this schedule will be posted in your Legacy Family Tree Webinars Affiliate account.
We will pay you referral commissions on a monthly basis. Approximately 30 days following the end of each month, we will send you a check for the referral commissions earned on Legacy Family Tree Webinars products. However, if the commissions payable to you for any given month are less than $20.00, we will retain those commissions until the total amount due is at least $20.00, or until this Agreement is terminated.
The Affiliate Program is not intended for you to send unsolicited e-mails (known as "spams") to people you do not know. Any spams by you will result in the termination of this Agreement. In addition, any spams may result (in our sole discretion) in the withholding of referral commissions and/or the termination of this Agreement.
You agree to cooperate with MyHeritage. in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collateral and make reference to you on our web site.
Policies and Pricing
Customers who buy Legacy Family Tree Webinars products through this Affiliate Program will be deemed to be customers of MyHeritage. Accordingly, all of MyHeritage policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Affiliate Program in accordance with our own pricing policies. Prices and availability may vary from time to time.
Term of the Agreements and Termination
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. You are only eligible to earn referral commissions on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related product orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. You warrant that all identifying signs, logos, literature or other evidence linking your company and MyHeritage. will be removed from your web site upon termination of this agreement.
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 commissions, commission 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.
Trademarks, Trade Names, Patents
You hereby recognize our right of ownership of all Trademarks, Trade Names and Patents associated with the Legacy products. You will act consistently with these rights and act to preserve them in the course of marketing and sales of the products. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of the products.
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 commissions paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate 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.
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 Affiliate Program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
Apart from any dispute over the ownership of intellectual property or title to other proprietary rights, all controversies or claims arising out of or in connection with this agreement and not settled first between the parties in a face-to-face meeting between representatives with authority to resolve the dispute, shall be settled through binding arbitration, to be conducted under the rules of the American Arbitration Association. The decision of the arbitrator, including any remuneration, damages, legal costs and other commissions, shall be final and shall be capable of entry as a legal judgment by any court having jurisdiction over the parties or their successors or assigns. The costs of arbitration shall be equally borne by the parties. The parties agree that any disputes over the ownership of intellectual property or title to other proprietary rights shall be submitted for resolution to a US or state court properly having jurisdiction to hear the matter.
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.
Attn: Legacy Family Tree Webinars Affiliate Program
2975 Executive Parkway, Suite 310, Lehi, Utah 84043