This Agreement contains the complete terms and
conditions that apply to an individual's or entity's participation in
the Passports and Visas.com Affiliate Partner Program (the
"Program"). As used in this Agreement, "we" means
Passports and Visas.com, LLC, and "you" means the applicant.
"Site" means a World Wide Web site and, depending on the
context, refers either to Passports and Visas.com's site located at
the URL www.passportsandvisas.com, or to any site that you will link
to our site.
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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 application is unsuitable for the Program. 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.
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Links on Your Site
Once you have been notified that your site has been accepted into the
Program, you may provide a general link on your site to our home page
at http://www.passportsandvisas.com.
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Referrals to Our Site
Once you have been
notified that your site has been accepted into the Program, you may
begin referring customers to our home page at http://www.passportsandvisas.com.
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Order Processing
We will process orders placed by customers on our site. We reserve the
right to reject orders that do not comply with any requirements that
we periodically may establish. We will be responsible for all aspects
of order processing and fulfillment. Among other things, we will
prepare order forms, process payments, and handle customer service. We
will track sales made to customers who purchase using the unique link
that we will provide to you. We 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.
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Referral Fees
We will pay you (in accordance with Sections 6 and 7 below) referral
fees on service fees sales to third parties. For a sale to be eligible to
earn a referral fee, the customer must fill out an order form on our
web site, accept delivery of the Product at the shipping destination,
and remit full payment to us.
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Referral Fee Schedule
You will earn referral fees based on Qualifying Revenues according to
referral fee schedules to be established by us. "Qualifying
Revenues" are revenues derived by us from our service fee sales. The current
referral fee schedule is:
15% of Qualifying Revenues from services sales of all other
Passports and Visas processed by completing an order form on-line from
your unique URL. Qualifying Revenues excludes any government or
consulate fees and represents a net revenue amount.
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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 on our sales that were shipped
during that quarter. However, if the referral fees payable to you for
any calendar quarter are less than $25.00, we will hold those referral
fees until the total amount due is at least $25.00 or (if earlier)
until this Agreement is terminated.
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Policies and Pricing
Customers who buy products through this Program will be deemed to be
customers of Passports And Visas.com. Accordingly, all Passports and
Visas.com rules, policies, and operating procedures concerning
customer orders and customer service 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 services sold
under this Program in accordance with our own pricing policies. Prices
may vary from time to time.
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Identifying Yourself as an Affiliate
We will make available to you a marketing information packet that
identifies yourself as a Program participant. You may display this
logo or the phrase "In association with Passports and Visas.com"
somewhere on your web site or within your business. You may not
make any press release with respect to this Agreement or your
participation in the Program without our prior written consent, which
may be given or withheld in our sole discretion. 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
Passports and Visas.com supports, sponsors, endorses or contributes
money to any charity or other cause).
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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 Passports and Visas.com 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
business all Passports and Visas.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 only
eligible to earn referral fees on our sales occurring during the term,
and referral fees earned through the date of termination will remain
payable. We may withhold your final payment for a reasonable time to
ensure that the correct amount is paid.
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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.
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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.
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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, noninfringement, 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.
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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 BUSINESSES THAT ARE
SIMILAR TO OR COMPETE WITH YOUR BUSINESS. 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.
