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Monday December 18, 2017 7:31 am                
 

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  Affiliate Agreement 

This Affiliate Agreement is made by and agreed to between IRBO Inc. (Genealogy Freelancers) and Affiliate (You) for the purpose of utilizing Marketing Programs that are managed through Genealogy Freelancers Web site features (The Affiliate Console) via the Internet.  In the context of this Agreement, You are referred to herein as Affiliate and/or (“You”) and Genealogy Freelancers is referred to as Genealogy Freelancers, and/or (“We”).  You acknowledge and agree that by participating in any Genealogy Freelancers Affiliate Program You will be bound by all the terms and conditions set forth in this Agreement. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation." The word "or" means "and/or." This Agreement contains the complete terms and conditions that apply to participation in the Genealogy Freelancers Affiliate Program.  As it pertains to in this Agreement “Genealogy Freelancers” means Genealogy Freelancers with offices at 1964 Millbrook St., Grand Rapids, MI USA, a Michigan Corporation.

Enrollment in the Genealogy Freelancers Affiliate Program:  Genealogy Freelancers retains the right to accept the participation of any Affiliates who request enrollment in the Genealogy Freelancers Affiliate Program and in kind, Genealogy Freelancers maintains the sole right to disallow any Affiliates who request enrollment in the Genealogy Freelancers Affiliate Program for any reason.  After review of requested Web Sites for consideration, Genealogy Freelancers will accept or deny participation by invitation.  Please be aware that websites containing the following will not under any circumstance, be allowed participation in the Genealogy Freelancers Affiliate program: 

  • Sites promoting violence 
  • Sites promoting discrimination in any form 
  • Sites with any defamatory content 
  • Sites containing any pornography or adult content 
  • Sites containing any illegal activity

Promotion of Genealogy Freelancers through an Affiliate Site:  With the sole purpose to promote Genealogy Freelancers, the Affiliate agrees to place banners, buttons or links on an area or on multiple areas of their website in the duration of their enrollment to the Genealogy Freelancers Affiliate program. Banners, text links and buttons will be provided by Genealogy Freelancers on their Affiliates portal.  The Affiliate will take full responsibility for the proper placements of the links within their website and to ensure that Links between Genealogy Freelancers and Affiliate's site are formatted in a proper manner.  The Affiliate must notify Genealogy Freelancers of all sites that will include the Genealogy Freelancers affiliate links prior to placement of the said link. Visitors to the Affiliates site must clearly understand that clicking on the approved service links will take the visitor to Genealogy Freelancers.com.  We encourage you to provide a link to our home page at "http://www.Genealogy Freelancers.com" and acknowledge that you are a Genealogy Freelancers affiliate.The Affiliate agrees to take total and complete responsibility for the upkeep of their Affiliate site including, but not limited to development and operations.  Genealogy Freelancers takes no responsibility and has no liability for any facet of any kind in regard to the Affiliate’s site.

Usage of Links to Genealogy Freelancers Services:  You may not place Links to services or product-related content in message boards, newsgroups, unsolicited e-mail and other types of spam, guestbooks, or like Internet resources where there is restriction by the owner's usage policy. Affiliate must place Links such that it is unlikely that the Links will mislead the Visitor, and such that it is reasonable that the Links will deliver transactions by the Visitor to the service page from the Link without deceit and in good faith. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs for the sole purpose of creating commissions. Affiliate shall not cause any transactions to be made that are not presented in good faith, including, but not limited to, using any device, program, robot, hidden frames, JavaScript popup windows, redirects or clicking on Links, refreshing of pages that Affiliate has placed to a service or product. Affiliate shall not establish or cause to be established any promotion that provides any rewards, points or compensation for transactions, or that allows for third parties ("Sub-Affiliates") to place a Product Link in its e-mails or on its Web site. If an Affiliate is terminated from the Genealogy Freelancers Affiliate Program due to fraud or an attempt at fraud or for any other violation against the terms and conditions of this Agreement, then no fees outstanding or otherwise will be owed or paid to Affiliate.  An audit of the Affiliate, the Affiliates website and links can be made by and at the sole discretion of Genealogy Freelancers in order to determine their accuracy.After enrollment is approved, Genealogy Freelancers may terminate Affiliate for any reason, and immediately after which You will not be credited for any future transactions originating from Your Web sites and/or e-mails. Should termination occur Affiliate will receive an e-mail message; however, Genealogy Freelancers is not required to provide an explanation. All web sites owned and/or operated by Genealogy Freelancers including but not limited to, Genealogy Freelancers and its member sites will be considered Affiliates and are not subject to termination or any other Affiliate restrictions stated in this agreement.  

Commission Payments to Affiliate:  Genealogy Freelancers will pay a commission to the Affiliate based solely upon a completed sale. This means that Payment to the Affiliate will be made when Visitors referred to the Genealogy Freelancers Web site results in a sale of a product or service. The sale may occur at the time of the visit or at a later time not to exceed thirty (30) days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's site, then no Payout shall occur.
Genealogy Freelancers shall establish a Payout rate for qualifying Affiliates for each Service. All Payouts and Payout Rates will be calculated in US Dollars. Your Account will be credited with each Payout in accordance with the Payout rate for each unique Visitor action resulting directly from Links from each of Your Web sites and/or subscription e-mail that result in a sale of Genealogy Freelancers services.
The current commission percentage will be provided on the Genealogy Freelancers Affiliate portal.  The Affiliate will receive commission during the active term of their enrollment with the Affiliate program and only while an active agreement is current.At the sole discretion and at any time, Genealogy Freelancers reserves the right to make changes to the Commission percentage and/or structure. Genealogy Freelancers may discontinue Products or Services, or decrease any Payout rate at any time, for any reason and immediately after which (in the case of discontinuation) there will be no credit for any future Transactions originating from Your Web sites and/or e-mails. Genealogy Freelancers will notify the Affilliate regarding each change in Payout rate(s) or Product discontinuation via a message on the Affiliates page or via email. Payments for earned commissions to the Affiliate can be received by method of PayPal, AlertPay, MoneyGram or by check. Affiliate must make an official request via the Affiliate Portal for the withdrawal of funds.  Funds to be received by PayPal or AlertPay will be approved following the end of each calendar month. Payment by check or MoneyGram Wire transfer will be sent out within fourteen days of request and following the end of each calendar month.  Payments by PayPal and AlertPay are subject to a $1.00 Service fee per transaction.  Payment by MoneyGram is subject to fee that varies by location and amount of transaction.Genealogy Freelancers shall have no obligation to make payment of any Payouts for which Genealogy Freelancers has not received payment from the referred Customer. Your recourse for any earned Payouts that have not been received by Genealogy Freelancers and not paid to You shall be to make a claim against the referred Customer(s) and Genealogy Freelancers disclaims any and all liability for such payment.

Chargebacks:  A Customer may request that Genealogy Freelancers, or Genealogy Freelancers may on its own initiative, debit Your Account with an amount equal to a Payout that had previously been credited to Your Account in circumstances of a: duplicate entry or other data error; or, in regard to a sale, non-receipt of payment from, or refund of payment to the referred Visitor (the chargeback)  Chargebacks requested by a Customer may be applied up to and including the 90th day after which the Payout was earned. The Affiliate may have a negative balance if the Affiliates Account has been debited with amounts equal to previous Payouts for Chargebacks. In the case of a negative balance, the Affilliate agrees, upon request by Genealogy Freelancers, to a payment to Genealogy Freelancers in an amount sufficient to bring Your Account to a zero balance. Affiliate may make such payments via check, wire transfer, or certain credit cards via PayPal.  Your Account will not reflect payment if payment method is by check until the check has cleared and funds have been successfully transferred to Genealogy Freelancers bank account.

Reporting Method:  In order for Genealogy Freelancers to record and report the tracking activity of Visitors' transactions that result from clicks on Links from Affiliate Web sites, code must be included in and maintained within the Product Links. Affiliate is responsible for serving all advertisements ("Ad Content").The Affiliate will select a password or Genealogy Freelancers will provide one for them in order for the Affiliate to gain entrance to a password-protected site portal.  Genealogy Freelancers will provide Affiliate with access to tracking, reporting and support services.  Report information will be tracked through the Tracking Code regarding transactions that result directly from Links placed from Affiliate's site. Tracking details regarding Visitor Transactions for all Services is not available on a real-time basis and it is possible that there will be reporting delays regarding Transactions for some Merchants

Limited License:  For the duration of the Affiliates enrollment in the Genealogy Freelancers Affiliate Program through this Agreement, and for each product or service you choose to promote, Genealogy Freelancers grants to Affiliate a revocable, non-exclusive, non-transferable, and royalty-free right to display and link to Genealogy Freelancers Services page or services related content and all trademarks, logos, trade names, and/or copyrighted material (Content), from each of Your Web Sites and/or subscription e-mail for the limited and sole purposes of Promoting Genealogy Freelancers and those Products and/or Services subject to the terms and conditions of this Agreement. Affiliate shall not otherwise copy nor modify, in any way, any icons, buttons, banners, graphics, or Content that has been made available through the Affiliate Console pursuant to the foregoing limited license. Affiliate may not remove or alter any copyright or trademark notices. Genealogy Freelancers may not be held responsible for actions of Affiliate with respect to these sublicenses and Affiliate agrees that they will not use the Licensed Materials to portray Genealogy Freelancers nor their products and/or Services in a negative or a disparaging manner. 

Privacy and Confidentiality:  As a result of an Affiliate enrollment, Genealogy Freelancers may provide the Affiliate with information that is confidential and/or proprietary to that party or a third party, as is designated by the disclosing party (Confidential Information). The Affiliate agrees to protect the Confidential Information that it may receive from Genealogy Freelancers and to maintain the confidentiality in order to protect any proprietary interests of Genealogy Freelancers. Such confidential and/or proprietary information includes, but is not limited to, any alterations to the terms and conditions of this Affiliate Program Agreement that have been expressly made for Affiliate's site and that are not available to other members of the Affiliate Program. During the terms of the Affiliate Agreement, Confidential Information may also be added and defined by Genealogy Freelancers. Affiliate agrees that they will not disclose any Confidential and/or proprietary information and agrees that the deemed Confidential Information shall remain confidential and secret and shall not be used by the Affiliate for its own purposes both business or personal, directly or indirectly,  or for any other purpose with the exception of  information that is or becomes part of the public domain through no act or omission of the receiving party, or is legally received by the receiving party from a third party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or that the receiving party had in its possession prior to the date of this Agreement. The information that the Affiliate supplies in order to establish and maintain Your Account shall remain Your Confidential Information.. You shall be responsible for all usage and activity on Your account and for unauthorized disclosure, loss or theft of Your password. Affiliate shall provide Genealogy Freelancers with prompt written notification to info@genealogyfreelancers.com of any known or suspected unauthorized use of Your Account or breach of the security of Your Account. GENEALOGY FREELANCERS's Privacy Policy has been made accessible from the home page of www.genealogyfreelancers.com and may be amended from time to time by way of republication is incorporated into this Agreement.

Term and Notices:  The parties acknowledge and agree that submission of application and acceptance of that application will be completed either online or by electronic mail. Affiliate shall hereby waive their rights to a written and signed copy of this Agreement. This Agreement shall commence upon Your indication that You have accepted this Agreement by 'clicking through' the acceptance button in the Affiliate Console, and, through approval of your application by Genealogy Freelancers.  Agreement shall be in effect until either Genealogy Freelancers or Affiliate terminate Agreement with or without due cause.In the case of violation of any policy regulations set forth in this Agreement, termination of Agreement will immediately ensue with or without notification.  Affiliate agrees to cease operation and to remove any links to Genealogy Freelancers.You can provide written notice by mail to Genealogy Freelancers as follows: Attn: Affiliate Services, Genealogy Freelancers, 1964 Millbrook St. Grand Rapids, MI

Changes:  This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. GENEALOGY FREELANCERS shall have the right to change, modify or amend ("Change") this Agreement, in whole or in part, by notifying You of such Change, by email, or by notification on the Affiliate Portal; however Genealogy Freelancers cannot Genealogy Freelancers will make a realistic attempt to notify Affiliate of such Change(s), but cannot promise that any such notification will be received. Changes may include, but are not be limited to, changes to applicable commission Fees, payout dates, payment options, payment procedures, and terms and conditions of the Affiliate Program.

Relationships of Parties/Third Party Rights:  The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings between the parties shall be construed to make them partners with each other. Neither party shall do anything to suggest to third parties that the relationship between the parties is anything other than that of independent contractor. Affiliate will have no authority to represent Genealogy Freelancers in any capacity without the written approval of Genealogy Freelancers.

Indemnification:  Affiliate agrees to indemnify and hold Genealogy Freelancers and its directors, officers, agents, representatives, employees and assigns, harmless from and against any and all claims, suits, costs, damages and judgments (including but not limited to attorneys' fees) incurred, claimed or sustained and suffered by Genealogy Freelancers for your breach of this Agreement from issues which may arise from any warranties, claims, false representations, unintentional or intentional violations of these terms and agreements by You or the affiliate site.

Arbitration:  Any legal controversy or legal claim regarding injunctive relief arising out of or relating to this Agreement or our services shall be settled by non-binding arbitration before the American Arbitration Association. Arbitration will be conducted on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Southfield, Michigan, as the parties to this agreement agree to be governed by the laws of Michigan. Either party may seek arbitration after the controvery or claim with limitation to a reasonable time between that end. 

Assignment and Acknowledgement:  Neither party to this Agreement may assign this Agreement without the prior and express, written permission of the other party. Your use of the Affiliate Console is irrefutable acknowledgement by You that You have read, understood and agreed to any and all terms and provisions of this Agreement.   


 
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