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Terms & conditions	Affiliate/Reseller Agreement This agreement sets forth the terms and conditions for participation in the EBVINC Affiliate Program. Your submission of an Affiliate Application constitutes your acknowledgement 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. You agree that we do not provide legal advice, are not a law firm, and do not represent you. Your submission of an Affiliate Application constitutes your full and complete acceptance of all terms and conditions set forth herein. • A. DEFINITIONS 1. The terms "Affiliate," "SuperAffiliate," "you," and "your" are referring to you, the applicant. 2. "Customer" means each and every person or company who is referred to EBVINC products and services via the affiliate program. 3. "Products" mean all goods and services offered on the EBVINC website, including by not limited to all on-line HR services and products, the HR Hotline, all documents and information set forth on the site, and all posters available through the website. 4. "We" and "our" and EBVINC refer to Elite Business Ventures Inc, its affiliated companies, agents and employees. • B. PURPOSE OF AGREEMENT EBVINC sells and provides Products electronically and through other means of delivery. EBVINC and you desire to enter into an agreement to allow you the right to offer Products to potential Customers as an Affiliate of us. This agreement is non-exclusive and the parties agree that EBVINC may sell it's the Products directly, and through other affiliates and other individuals and organizations in its sole discretion. You may sell other products that compete with or are different than our Products in your sole discretion as a non-exclusive affiliate. Nothing in this agreement requires you to achieve quotas, and you maintain discretion over the time, place and manner in which you sell our Products, subject to the limitations set forth in this Agreement to protect our Product, Product marketing and identity, accuracy of representations concerning our Products, and our liability. • C. AGREEMENT DURATION By submitting an Affiliate Application to us, you agree to be bound by each Term of this Agreement. This agreement will begin upon our acceptance of your Affiliate Application, and will end when terminated by either party as set forth herein. • D. OUR RELATIONSHIP We agree that you are solely an independent contractor, and not an employee, agent, representative, partner, franchisee, or joint venturer of us. You agree that you may not hold yourself out as our representative or agent, and doing so shall subject you to termination in our sole discretion. • E. OUR RIGHTS AND OBLIGATIONS 1. Products: We have the right to sell all property defined as Products above. This Agreement applies only to Products available on our website at the time of this Agreement. Should additional Products become available, your right to sell such products, and the terms that will apply for such products, will be posted on our website as an amendment to this Agreement, and your sale or effort to sell such future products will be deemed your agreement to such modifications. If you do not agree to a modification relating to a future product, do not sell or attempt to sell or market such product, as your right to do so is dependent on your agreement to our terms. 2. Access to Website: Upon your acceptance, we will provide you with appropriate access to allow you to create a link to our website. You may post this link to advertise and market the Products, subject to the restrictions on marketing set forth below. 3. Tracking Customers: We will, wherever possible, place cookies on a customer's computer who visits our site via your link to keep records of the activities of your referrals. We are not responsible or obligated to ensure cookies are placed on a computer, or that a costumer does not remove or block a cookie. We will pay you a commission as set forth under "COMMISSIONS" for each such referral made in compliance with this Agreement. 4. Modifications: We may make any modifications or amendments to this Agreement we deem appropriate, in our sole discretion. We may provide you with independent notification of any modifications and amendments but are not obligated to do so. You are obligated to review the terms and conditions set forth on the website for affiliates each time you attempt to market or sell our Products and are bound by the terms set forth therein at the time each potential customer accesses the website. You or your customer's access to the website is deemed as your acceptance of the terms and conditions set forth therein at the time. 5. No Obligation to Continue: We may suspend, delay, cancel or discontinue any Product without liability to you or your customers for prior sales of same. 6. Processing Orders: We will be solely responsible for processing every order placed by a customer on your Affiliate site. Customers who purchase our Products through you will be deemed to be our customers. Prices and availability of our Products may vary from time to time. We reserve the right to reject any order. F. YOUR RIGHTS AND OBLIGATIONS: 1. You may not enter into this Agreement, or market or sell our Products unless you are over the age of 18 and competent to enter into this Agreement. 2. You will ensure the proper and continuing operation of your coded URL. You agree that you will notify us if your coded URL and javascript ceases to function or ceases to function properly. 3. You will not offer competitive products to the Products on this site on the same website as you offer our Products. 4. You may not make any representations, promises, warranties or other statements about EBVINC, its Products, or its website except as may be expressly approved in writing by us. 5. You may not alter the representations we make on our website and in our documentation and Products concerning EBVINC, our Products and our Webpage without our express written agreement. You may not alter any terms and conditions set forth on our website or in our materials or Products. 6. You may not disparage or otherwise make negative remarks to a customer concerning EBVINC, its Products or its website while you are an Affiliate. 7. The materials and information on our website, and our Products, are subject to intellectual property rights, including trademark, copyright and other rights to the full extent permitted by law. You may not violate any of these rights. 8. You may not violate these Terms. 9. You may use the coded URL and javascript provided by us for the Affiliated Program to promote and sell the Products. 10. We grant you as an Affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit our logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and us to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located on our Affiliate Program website prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable. 11. You may market and advertise our Products and website at your sole expense and cost. All marketing and advertising by you must comply with all applicable laws including consumer laws, non-predatory advertising laws, copyright and intellectual property laws, and advertising laws. We reserve the right, but not the obligation, to pre-approve all marketing and advertising of same by you and may notify you if we intend to prohibit such advertising, in our sole discretion. Our failure to exercise the right to review the materials does create an implied acceptance of the materials or representations, advertising, or marketing contained therein. 12. You will market, advertise and sell the Products in a manner that will preserve goodwill in our Products and in EBVINC. 13. You may not include on any website on which you display our logo, products or website link any materials that would discredit, disparage or compromise our good will, including (i) x-rated or sexually explicit materials, (ii) violence, (iii) discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (iii) illegal or questionable activities, (iv) Violating intellectual property rights. You will not engage in spamming in any way that includes our Products, website link or logo. Violation of this policy will result in the termination of this contract and immediate dismissal from the Affiliate Program. 14. We may, in our sole discretion, promote our Products to your customers to assist in your sales. 15. You agree to discontinue all marketing and sale of the Products and use of the website, logo and other property of EBVINC and discontinue any linkage to our Products or website upon demand by us in writing to the email address you provide to us. 16. 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 enforceable against the parties and their respective successors and assigns. 17. 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. • G. PRIVACY POLICY 1. Password: You are responsible for maintaining the confidentiality of your password to this website if you are a registered Affiliate. You agree to accept responsibility for all activities that occur under your account and password. 2. Liability for Disclosure: In order to be an Affiliate, you must provide information about yourself to us. You agree that we are not liable to you for disclosure of this information to a third party, whether the disclosure was willful, unintentional, negligent or grossly negligent, and that we are not obligated to pay for any loss resulting from same, whether such loss is direct or indirect, including but not limited to general, special, consequential, incidental, exemplary or otherwise, (including without limitation loss of data, income or profits). To the extent this limitation on liability is not allowed by law, you agree that the aggregate liability of EBVINC, including affiliates, agents, employees, officers and directors, arising as a result of the use of this website by you will be liquidated at one hundred dollars ($1000.00). We are not responsible for the privacy practices of any website links on our website, and you agree to hold us harmless for any damage that may be caused to you by accessing such links. 3. Security Efforts: We will use reasonable efforts to maintain the safety of your personal information that you provide to us as required to be an Affiliate. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. 4. Cookies: We use cookies to help us remember and process transactions relating to you as an Affiliate. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still transact business with us as an Affiliate by telephone or by contacting customer service. 5. Non-Disclosure: We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. 6. Third Party Products: Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. 7. California Online Privacy Protection Act Compliance: Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile/Change Password' page. 8. Children's Online Privacy Protection Act Compliance: We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. No one is authorized to buy our products, which are for the purpose of business human resources, unless they are over the age of 18. 9. Online Privacy Policy Only: This online privacy policy applies only to information collected through our website and not to information collected offline. 10. Your Consent: By using our site, accepting our Affiliate Agreement, or acting as an Affiliate, you consent to our websites privacy policy. • H. MODIFICATIONS We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. If you continue participation in the program, following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change. • I. COMMISSION FEES 1. You will receive a commission for sales of our Products for which you were principally involved in the sale, subject to the terms below. 2. Commission for your customer's renewal subscription is earned where you (i) are an Affiliate, and (ii) are principally involved in the renewal. We may choose, in our sole discretion, to pay commission on renewals made by your customer after you cease to be an Affiliate, but are not required to do so. 3. You will receive the percentage of revenue generated from your customers as agreed by you and us. You will receive a written statement of our commission agreement at the time of our agreement and will be bound by the written statement sent to the email you provide to us on registration. The terms of the commission, however, are set forth herein and are not modified by delivery of the commission schedule unless you receive a written agreement from us to modify those terms. Generally, commissions to Affiliates will be 20% of the gross sale of our Products. SuperAffiliates and Affiliates who supervise and manage other Affiliates will receive other commission schedules as agreed by you and us and confirmed in writing. 4. Commissions are earned only when we receive your customer's payment, as limited by this section H. Where your customer elects monthly subscription, the commission is earned separately on each monthly payment at the end of the month following the payment. Where a payment received is for an annual subscription, the commission is earned sixty days following the month of payment unless the customer cancels the purchase/subscription in the interim, in which case no commission will be earned or paid. 5. We pay commissions that have been earned on the 20th of the month for the previous month's payment received as follows: a. You will receive commission payments only in months where your account balance for commissions exceeds $100.00. If your commissions in a month do not exceed $100.00, your commissions earned will be held in your account until you reach that level. If you terminate as an Affiliate, and no longer earn commission, we will pay you the balance of your account that is below $100.00 when your final commission payment is due. b. If your Customer is a monthly subscriber, you will earn commission for the Customer's monthly payment for the prior month, and receive that payment, with the limitations set forth in this section, on the 20th of the next consecutive month. c. If your Customer is an annual subscriber, you recognize and agree that it is not a complete sale because the customer has the right to modify, reduce or cancel the contract at any time during the first sixty (60) days. Therefore, we agree that your commission will be earned after the expiration of the 60 day guaranty period. e. If we or you terminate your affiliation, we will pay you commission already earned on the date of termination. We may elect, in our sole discretion, to pay commission to you for later payments by your customer, in an amount and for a time period we may determine but are not obligated to do so. g. If you are suspended pursuant to this Agreement, you will not be permitted to earn or receive commissions during your suspension. We will hold your commissions in your account until your suspension is revokes. • J. TERMINATION 1. Termination may happen at any time, with or without cause, by giving the other party written notice of termination, and is fully revocable. 2. If at any time you do not agree with a contract provision or modification, your remedy is to terminate your contract as to future sales of our Products. You will continue to be bound by these terms for all Products already sold in whole or in part. 3. If you are terminated or terminate this Agreement, your license and right to use any logos, materials, weblinks, or sell Products is immediately and fully revoked. 4. We may terminate this agreement entirely, or suspend you, immediately upon breach of this agreement by you. 5. We may suspend you for a breach of this Agreement, rather than terminate, in our sole discretion. If we do so, you will have the number of days we specify to cure your default of this Agreement. During that time, you will not be paid commissions. If you cure your default during the specified time period, you will be paid commissions. If you do not, you will be terminated and commissions will not be paid. • K. LIMITATION OF LIABILTY YOU EXPRESSLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCT, BEYOND THE LIABILITY STATED IN OUR TERMS AND CONDITIONS ON OUR WEBSITE FOR PURCHASE OF OUR PRODUCTS, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. • L. INDEMINTY AND DUTY TO DEFEND In the event that any of your customers or potential customers sues us relating to, arising from, or concerning your sale of our Products, or your representations, website, or other conduct, you agree to fully indemnify us for all loss resulting from such lawsuit or arbitration, and are obligated to pay for our legal fees and costs or defend us in such an action. • M. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES TO YOU 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 down time. • N. CHOICE OF LAW, MANDATORY MEDIATION & BINDING ARBITRATION, LIQUIDATED DAMAGES THE CONTENTS OF THIS SECTION LIMIT YOUR ABILITY TO BRING A LAWSUIT. 1. Because our website and business is operated from San Diego California, and our Affiliates and Customers may access this information throughout the country and worldwide, this Agreement will be governed by the laws of San Diego, California and the United States, without reference to rules governing choice of laws. 2. Should any controversy or claim arising out of or relating to this Agreement or the transactions described in this Agreement, including the actual or alleged breach thereof, the parties agree to mediate their dispute in San Diego, California, through ADR Services, Inc., Judicate West, the American Arbitration Association, National Conflict Resolution Center or a similar alternative dispute resolution organization as a prerequisite to filing a claim as specified below. The parties will share the cost of the mediator jointly. 3. If mediation fails, the parties agree that their dispute shall be settled by binding arbitration conducted in the City of San Diego through the ADR Services, Inc., the American Arbitration Association or Judicate West, conducted according to the AAA Commercial Arbitration Rules. The parties do not intend and do not agree to class arbitration. The failure of a party to appear at or participate in any hearing or other portion of the arbitration proceeding shall not prevent any such hearing or proceeding from going forward, and the arbitrator is empowered to make a decision and render an award ex parte which shall be binding on such Party as though the Party had participated in such hearing or proceeding. The parties shall share cost of the arbitrator jointly. For any legal action, arbitration or other proceeding brought involving a dispute between the parties or arising out of the execution of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. 4. Should an arbitrator ultimately determine that the arbitration provision of his agreement is null and void, or severs it from the contract, or should an action be brought in court relating to the contract or the arbitration provision, the parties agree that the action must be brought in the Federal or State courts located in San Diego, California, and you irrevocably consent to the jurisdiction of such courts. 5. To the extent the arbitration portion of this agreement is determined by a Court of law or arbitrator to be unenforceable, the sole jurisdiction and venue for actions related to the subject matter hereof is the San Diego Superior Court and/or the U.S. District Court for the Southern District of California, which is the location of our principal business. 6. Should an arbitrator or court ultimately disregard the provisions of this Agreement limiting our liability as set forth above, you and we agree that it will not be easy to quantify the damages arising to you relating to this Agreement. Therefore, you and we agree that our liability, if any, will be limited to $1,000 as liquidated damages. This amount is based a variety of factors including that determining actual damages would be costly, and the contract value is relatively low. • N. SEVERABILITY AND INTEGRATION 1. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be deemed invalid or unenforceable in whole or in part by an arbitrator or a court. 2. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties.
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