Terms of Service Agreement


By signing up as an affiliate with TrafficProfits.com (Parent company of AffluentClients.com), you agree to the following Terms of Service.

This agreement is by and between TrafficProfits.com and/or their assigns and all subscribers. Unless the context requires otherwise, TrafficProfits.com. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

You understand that TrafficProfits.com. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold TrafficProfits.com harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which TrafficProfits.com and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.

B. Termination. We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) promote TrafficProfits.com in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TrafficProfits.com , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion..

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

  1. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

J. Joining the TrafficProfits.com Affiliate Program is free.

K. The program is open to persons over the age of 18.

L. DO NOT SPAM! Promoting any TrafficProfits.com product via unsolicited email is strictly prohibited, and affiliate agrees to not reference TrafficProfits.com, AffluentClients.com, or any business affiliated or owned by TrafficProfits.com in any e-mail or communication which is unsolicited or where there is no prior business relationship with the recipient.

M. Purchase of any TrafficProfits.com product by a customer will earn Affiliate a referral fee of 40% of the gross sale.

  1. Referral fees will not be paid on sales made by the affiliate under their own affiliate number.
  2. For US and Canada based affiliates, TrafficProfits.com will mail referral fee payment in U.S. dollars for the applicable sales by the end of each month for the previous month's sales.
  3. For non-US or Canada based affiliates, TrafficProfits.com will pay referral fees in U.S. dollars for the applicable sales 60 days following the last day of the month when the sale was made. All non-US Affiliate must accept funds via PayPal, and must be registered and verified PayPal users before funds will be released - no exceptions.
  4. If a product is returned or charged back by the Affiliate's referral, the appropriate commission(s) will be deducted from Affiliate's next monthly check. If the affiliate does not have sufficient accrued commissions, they will send payment for returned or charged back sales emanating from their affiliate sales.
  5. If referral fee payments accumulate to $599 in a calendar year and Affiliate is a resident of the United States of America, they will be required to provide TrafficProfits.com with a signed W-9 Form before receiving additional payments.
  6. Affiliate is an independent contractor, and agrees they are working independently and are responsible for calculating and paying their own taxes on income generated as a result of the TrafficProfits.com Affiliate Program. Nothing in this Agreement shall create any form of partnership, joint venture, or employment relationship between the parties.
  7. TrafficProfits.com and/or the Affiliate have the right to immediately terminate this agreement at any time and for any reason by notifying the other party in writing or via e-mail. The final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure an accurate calculation of commissions.
  8. TrafficProfits.com reserves the right to change any of these terms and conditions at any time by posting a new Agreement on the TrafficProfits.com (AffluentClients.com) Affiliate Program Web site.

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