Photostockplus.com Residual Affiliate Agreement

This agreement describes the entire terms and conditions for participation in the Photostockplus.com Residual Affiliate Program. Photostockplus.com is owned and operated by 6733069 Canada Inc. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Photostockplus.com. Unique URL Photostockplus.com will create a unique URL for you when you submit a completed Affiliate Enrollment Form. Commissions You will receive 35% of the initial revenue and all ongoing re-billings to your referral as a commission from orders placed through your Affiliate Link. In addition a 5% ongoing residual will be paid on all product orders that are derived from the referred client’s website. For a sale to generate a commission to you, the customer must complete the order form from your Affiliate link and remit full payment for the service ordered. Commissions will only be paid on sales which are made through qualified Affiliate links. Payment Photostockplus.com will send a check for the applicable commissions within approximately 5 days after the end of each calendar month. If any order that generated a commission is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced. Commissions under $100 will be accumulated, and sent to you once they total $100 or more. Payments will be made by check in US currency. Order Fulfillment Photostockplus.com will be solely responsible for processing every order placed by a customer through an Affiliate link. Photostockplus.com reserves the right to reject any order that does not comply with our operating procedures and policies. Customers Customers who purchase memberships through the Affiliate link will be deemed to be customers of Photostockplus.com. Accordingly, all Photostockplus.com rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Photostockplus.com policies will always determine the price paid by the customer. Qualifying Sites Photostockplus.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the Photostockplus.com Affiliate Program include sites which: promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or violate intellectual property rights. Unsolicited Commercial Email Photostockplus.com in no way participates in mass unsolicited emailing (i.e. spamming and bulk emails), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Photostockplus.com Affiliate Program. All accrued commission will be held and not paid to the Affiliate. 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 this statement. Any tax liability on the amount of commission received will be the Affiliate’s responsibility. 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 commissions paid or payable to you under this agreement. Affiliate account and member photography account relationship Affiliated webmasters are permitted to establish member photography accounts with our site. However, Photostockplus.com policy prohibits affiliated webmasters from registering these accounts with the affiliate program. Not only will there not be any commissions paid out to affiliated webmasters for such activity but affiliates caught doing so risk the forfeiture of all commissions earned for a full month. In this manner, affiliates are restricted from earning commission revenue from their own photo sales. This policy is entirely consistent with the purpose of the photostockplus.com affiliate program: Directing new clients to our site. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This Agreement will be governed by the laws of the Province of Ontario, Canada. By submitting the Affiliate sign up form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement. LANGUAGE CLAUSE: The parties have expressly requested and agreed that this Agreement and all related documents be drawn up in English. Les parties conviennent et exigent expressement que le présent contrat et les documents qui s’y rattachent soient redigés en anglais.