This general agreement is made out to you (the affiliate) from Fundamental Solutions, Inc.. It contains the complete terms and agreements of the affiliate program.
Please Note: "we", "us", and "our" refers to Fundamental Solutions, Inc. and "you", "yours", "your" refers to the applicant. The term of this agreement will begin once you are accepted into the Fundamental Solutions, Inc. affiliate program and will end upon notice of termination from either you or Fundamental Solutions, Inc..
1. We reserve the right to accept or reject any affiliate we review. All new affiliate requests will be reviewed and decided upon within 24-48 hours. In the event that we have opted to accept or reject your acceptance as an affiliate we will notify you by e-mail within this 24-48 hour time frame. Fundamental Solutions, Inc. will exercise their own discretion during the decision making process and may decide to decline any application we see necessary.
2. The affiliate account may be cancelled by Fundamental Solutions, Inc. at any time for any reason we feel appropriate. This is usually the result of slander, mis-representation made to us, spam e mail used to promote the affiliate, posting Fundamental Solutions, Inc. links on unapproved websites, uploading affiliate code through the use of unapproved methods, or sites that we feel might bring Fundamental Solutions, Inc. disrepute, etc. An issued warning letter in the form of e-mail, fax or letter will be sent first. If no reparations have been made, then the affiliates account with Fundamental Solutions, Inc. will be terminated.
2.2 All affiliates may cancel their account with Fundamental Solutions, Inc. at any time and for any reason.
3. Immediately after your acceptance into the Fundamental Solutions, Inc. affiliate program you will be e mailed links, passwords and the related information necessary to gain access to your control panel. From here you may manage your account and set its parameters. We suggest you keep these invaluable links in a safe place and in a place that is easily accessible by you. If for any reason you lose this information we will be able to re-send it to you.
4. Only html code and approved linking information is to be used for the affiliates website. Failure to do so will result in misappropriated commissions. All of the links, graphics, and account management information will be provided to the affiliate after their acceptance into the program. In no way is the affiliate to use graphics or links not approved by Fundamental Solutions, Inc..
4.2 Once a viewer clicks on an affiliate link and places an order with Fundamental Solutions, Inc. that viewer becomes the sole customer of Fundamental Solutions, Inc.. The affiliate will not have access to the customers account information, contact information, and will not be allowed communicate with customer in regards to their order/s placed with Fundamental Solutions, Inc.. Fundamental Solutions, Inc. is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer.
4.3 This agreement does not constitute a joint venture, partnership, franchise, or other representative business of Fundamental Solutions, Inc.. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Fundamental Solutions, Inc.
4.4 Fundamental Solutions, Inc. may at any time refuse any particular link, text or referring graphic used to forward a viewer to the Fundamental Solutions, Inc. website. Only approved links, banners, graphics and text may be used.
4.5 The use of Fundamental Solutions, Inc. affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, e mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms, etc. Fundamental Solutions, Inc. holds sole discretion on what is termed as "inappropriate use" and may at any time close an account if we are given information on inappropriate use.
4.6 The cookie period for the Fundamental Solutions, Inc. affiliate program is exactly 30 days. After this 30 day period the viewer must come back to the affiliate's website and proceed to click a link for commission to be earned.
4.7 Commissions will not be reported or recorded by viewers who have set their cookie protection settings to a high standard. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the affiliate may earn. Fundamental Solutions, Inc. is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
5. We welcome affiliates from the international community but payouts to international affiliates from Fundamental Solutions, Inc. will be made with a company check drawn in US funds or with a Visa corporate card. There are NO exceptions. If you are unable to accept a US drawn check made payable with US funds or if you are unable to receive payments with a Visa corporate credit card then we will be unable to pay you the commission earned and your account will be terminated. All payments are mailed out on the 15th of each month.
6. Monthly payout to the affiliate will accrue in their account until a minimum of $50.00 has been met. We will not make payments or reimbursements to affiliates for amounts under $50.00. This helps us manage over-head and accounting fees. All commission payouts will be mailed on the 15th of every month.
6.2 The commission to the affiliates is based on 15% of the subtotal for each order. You will not receive a commission on shipping charges.
6.3 Commissions can be voided within your account for reasons which we will feel are appropriate. This is usually the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customers credit card, or other reasons that facilitate garnishment of commission. In the event that this occurs you will be notified immediately.
7. It is possible that we may receive an order that is ill legitimate and fraudulent. This usually takes place with a stolen or dispossessed credit card. In the event that we receive an order, which we have conclusive evidence of being fraudulent, we will cancel the order entirely and decommission your account for the 15%. If this is to occur you will be notified immediately.
7.2 Fundamental Solutions, Inc. currently has the option for a customer to choose a payment option titled "check/money order". This is a choice for customers who wish to pay by check and it is our policy to hold orders until the check or money order payment has reached our office. After 30 days of non-payment from a customer that has chosen this payment option we issue an e-mail giving the customer a chance to respond within 3 business days in regards to their order. If we do not hear from them their order is cancelled and the 15% commission, which was awarded to the affiliate will be removed from the account.
7.3 Mountain Rose Inc reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to.
8. Fundamental Solutions, Inc. grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Fundamental Solutions, Inc. website.
8.1 Fundamental Solutions, Inc. holds sole editorial discretion on how links are worded, or described on the affiliates site. Fundamental Solutions, Inc. is not responsible for the creation of the links, which may be posted on your site and will only be involved surrounding editorial review. You also agree to fully cooperate to work with Fundamental Solutions, Inc. to maintain and manage links.
8.2 All content on the affiliates website including links, banners, text, etc, leading to any or all content within the Fundamental Solutions, Inc. website is the sole responsibility of the affiliate. Because of the constantly changing nature of the Fundamental Solutions, Inc. website, we hold it to be the affiliates responsibility to update and manage their own links leading to the Fundamental Solutions, Inc. website. We are not responsible for alerting the affiliate or making recommendations on when we anticipate changing the links or directions to content on the Fundamental Solutions, Inc. website.
8.3 If Fundamental Solutions, Inc. believes that fraudulent clicks have been recorded within your account as a result of masking links, multiple clicks or through embedding the code in a hidden fashion within your pages, or if the commission links have been exploited in any other way, we reserve the right to cancel any or all commissions and if necessary, close the account.
9. Once an affiliate has accrued over $600.00 dollars in commission payouts, we must request and receive the social security number of the affiliate who is receiving payments from Fundamental Solutions, Inc.. The IRS requires us to submit a 1099 tax form for contracted business services and because the affiliate is paid and recognized as a "contractor", this information needs to be accurately gathered and submitted to the IRS. In the event that an affiliate fails to provide this information or wishes to omit this information the affiliates account will be terminated.
10. Fundamental Solutions, Inc. may change the wording and structure of these terms at any time. When a change to these terms and agreements occurs all affiliates will be notified within 24 hours.
11. Your privacy is a major concern for Fundamental Solutions, Inc.. We will not sell, disperse, trade or otherwise decimate your account information to any organization outside of Fundamental Solutions, Inc..
12. Fundamental Solutions, Inc. does not make any guarantees on the ability of the affiliate programs ability to generate income for the affiliate or applicant. We are exempt from all warranty, including, traffic generated, revenue earned, and functionality of the affiliate program.
14. WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL FUNDAMENTAL SOLUTIONS, INC. CUMULATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification. You agree to indemnify and hold harmless Fundamental Solutions, Inc. and its employees, representatives, officers, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Fundamental Solutions, Inc. based on or arising from any claim
(i) That our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or
(ii) Resulting from your breach of this Agreement or resulting from your breach of any third party intellectual property right or misappropriation of any material, or resulting from any of your defamatory, libelous act or resulting from your violation of any third party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Fundamental Solutions, Inc. in connection with or arising from any such claim, suit, action, or proceeding.