Guitar Tricks - Affiliate Program

Affiliate Program

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Thank you for signing up for the Guitar Tricks affiliate program. We look forward to working with you.

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Terms and Conditions
	GUITAR TRICKS INC. To be an authorized affiliate (“Affiliate”) of Guitar Tricks Inc., you must agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Guitar Tricks service as an Affiliate. By signing up for the Guitar Tricks affiliate program, you indicate your acceptance of this agreement and its terms and conditions. GUITAR TRICKS AFFILIATE AGREEMENT This agreement describes the entire terms and conditions for participation in the Guitar Tricks Affiliate Program. The Guitar Tricks Affiliate Program is operated by Guitar Tricks Inc. In this agreement, GuitarTricks.com, Guitar Tricks and Guitar Tricks Inc., are collectively referred to as "GuitarTricks.com". In this agreement, the term "Affiliate" refers to you, and "sponsoring Web site" refers to the Web site from which you will link to GuitarTricks.com. Wherever the agreement refers to "you" or "your", it means the "Affiliate"; "we" or "our" refers to "GuitarTricks.com". 1. Privacy of the Affiliate Account: In order to join the Guitar Tricks Affiliate Program, you will need to provide GuitarTricks.com with an email and password log-in combination. DO NOT REVEAL YOUR LOG-IN INFORMATION TO ANYONE. If you share your log-in information with a third party, we are not responsible for any changes made to your Affiliate Profile and/or the sponsoring Web site by said third party. We also reserve the right to terminate this agreement if we discover that you have shared this information with any third party in violation of this agreement. 2. Payment Options: All Affiliates will be paid by GuitarTricks.com on a cost per action (CPA) commission basis. 3. Affiliate Commissions: This CPA commission plan is subject to change by GuitarTricks.com upon 30 days prior written notice to its Affiliates. As set forth below, notice may be given by GuitarTricks.com by email to the Affiliates last email address provided in writing to GuitarTricks.com. Until changes are made to the commission plan, you will earn the following for each new purchase made from GuitarTricks.com which is sold via your Affiliate Link. $30.00 Per New Paid Account (any paid service): Only new subscribers from whom GuitarTricks.com actually collects cash for services on the GuitarTricks.com Web site via valid credit card, PayPal payment, check or money order or other means will qualify as a new subscriber on which a commission will be paid. GuitarTricks.com reserves the right to not pay a new subscriber commission on any subscriber who is the result of fraud, or suspicion of fraud, by the applicable Affiliate. Fraud, and/or the suspicion of fraud, is determined at the sole discretion of GuitarTricks.com. Affiliates are paid commissions on new accounts only, and not paid commissions on renewing subscriptions. 4. Commission Payments: You will receive your payments from us by check in US funds. GuitarTricks.com will send commission payment for the applicable fees (less any taxes required to be withheld under applicable law) to the Affiliate within approximately 15 days after the end of each calendar month. All commissions will be paid monthly with no minimum balance. Notwithstanding the foregoing, in any circumstance where GuitarTricks.com reasonably believes that Affiliate is engaged in fraud or any form of unlawful or illegal business activity, GuitarTricks.com shall have the right to delay payment of commissions for up to ninety (90) days in order to investigate and resolve the matter to its reasonable satisfaction. 5. Refunds, Chargebacks and Bad Checks: If a subscription is later refunded to the customer or charged back by the customer, or if a customer's check does not clear, the referral/commission, and any Affiliate charge back fees, will be deducted from the next monthly payment sent to the Affiliate. 6. Subscription Payment Processing: GuitarTricks.com will be solely responsible for processing every subscription order placed by a customer using the Affiliate's Link. Subscription orders will be accepted only via the GuitarTricks.com online ordering process. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of GuitarTricks.com. All of the rules, operating procedures and policies of GuitarTricks.com regarding customer subscriptions will apply to all subscription orders we receive through the Affiliate's Link. GuitarTricks.com reserves the right to reject any subscription order that does not comply with our rules, operating procedures and/or policies. Affiliate is not permitted to make any exceptions from these rules or otherwise communicate with subscribers about these rules except with GuitarTricks.com's prior written authorization. 7. Tracking of Subscription Sales: GuitarTricks.com will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate. To protect GuitarTricks.com customer privacy, the names or other personal information about specific customers will not be provided to the Affiliate, but shall be retained exclusively by GuitarTricks.com. In addition, all personal information about specific customers collected by GuitarTricks.com shall be owned solely and exclusively by GuitarTricks.com. Affiliate agrees to comply with the posted GuitarTricks.com privacy policy, as it may be changed from time to time, with regard to any personal information collected by Affiliate from subscribers of GuitarTricks.com in their status of GuitarTricks.com subscribers. 8. Time Limitations For Depositing Affiliate Checks: United States (US) residents are required to cash or deposit any check from GuitarTricks.com within ninety (90) days of the date the check was issued. GuitarTricks.com is not required to reissue payment for Affiliate checks older than ninety (90) days. Because of the expense involved for non-US residents to cash or deposit checks for US funds, non-US residents are allowed to hold onto their checks for a period of up to 180 days (6 months) after the first check or group of checks was issued. After this 180-day period has expired, the Affiliate must return the checks by mail within 30 days to receive one check for the total amount of all the checks combined. GuitarTricks.com is not required to reissue payment for Affiliate checks received after this time (total of 210 days from the date of the first check that is issued). 9. Lost, Stolen, Or Destroyed Checks: It is the responsibility of the Affiliate to request in writing a reissue of lost, stolen or destroyed checks within the ninety (90) day period outlined above. The request must include as much information about the dates and earnings in question as possible, including the Affiliate ID of the account and to whom the check was issued. Email requests are sufficient. Reissued checks are held to the same ninety (90) day expiration rules. All bank fees related to the issuance of replacement checks or other payments, including charges for stop orders on previously issued checks, shall be the charged to the Affiliate and may be deducted from commission payments. GuitarTricks.com often receives returned checks because the mailing address provided by the Affiliate was incorrect or insufficient. In these cases, we will contact the Affiliate upon receipt of the returned check. It is the responsibility of the Affiliate to respond and correct the information as necessary. After ninety (90) days without a reply from the Affiliate regarding the issue, the check will become voided, and GuitarTricks.com will not be required to re-issue payment. After 180 days (6 months) without a reply from the Affiliate, all payment obligations of GuitarTricks.com will become null and void, and the Affiliate account will be terminated. 10. Intellectual Property Rights: As an Affiliate, you are solely responsible for ensuring that any and all materials provided by you, including your logo and preamble text do not infringe upon the rights, including the intellectual property rights, of any third parties. You must have express permission to use another party's copyrighted or trademarked materials. GuitarTricks.com will not be responsible if you use another party's copyrighted or trademarked materials in violation of the law. Between GuitarTricks.com and Affiliate, the following will apply: A. Each party shall retain all right, title and interest in and to its respective copyrights, trademarks, service marks and trade names worldwide ("Intellectual Property") subject to a limited non-exclusive, non-transferable license necessary to perform this Agreement. Each party grants the other a royalty-free, non-exclusive, non-transferable license, during the term of this Agreement, to include such party's pre-approved Intellectual Property solely in connection with the promotions and marketing contemplated hereunder as set forth above. Notwithstanding the foregoing, Affiliate may not use any copyrighted materials of GuitarTricks.com without the express prior written consent of GuitarTricks.com, and then in strict compliance with any limitations GuitarTricks.com may impose on such use. B. Each party shall use the other's Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, nor shall it act or permit action in any way that would impair the rights of the owning party in its Intellectual Property. Each party acknowledges that its use of the other party's Intellectual Property shall not create any right, title or interest in or to such Intellectual Property. Each party shall have the right to monitor the quality of the other party's use of its Intellectual Property. Any references to a party's Intellectual Property shall contain the appropriate trademark, copyright or other legal notice provided from time to time by owning party. C. Neither party may alter or remove any proprietary notices from the other's Intellectual Property. Any goodwill accruing from the use of such Intellectual property shall inure to the licensor of such Intellectual Property hereunder. D. Each party expressly reserves all rights not granted to the other party herein. 11. GuitarTricks.com Policies Apply to All Orders: Every customer who buys a subscription through this program is deemed to be a customer of GuitarTricks.com. Affiliate does not have the authority to make or accept any offer on behalf of GuitarTricks.com. All GuitarTricks.com policies regarding customer orders, including pricing and problem resolution, will apply to these customers. GuitarTricks.com is not responsible for any representations made by Affiliate that contradict our policies, and Affiliate agrees not to make any such representation. 12. Prices and Availability: The price charged for subscriptions sold under this program will be determined by GuitarTricks.com according to our own pricing policies. Prices may vary from time to time as determined in GuitarTricks.com's sole discretion. GuitarTricks.com policies will always determine the price paid by the customer. 13. Prohibited Content: GuitarTricks.com reserves the right to not accept, or to terminate the affiliation of, any Affiliate or potential Affiliate based on the content of the Affiliate’s website. Without limiting the foregoing, the following content and activity is unacceptable: sexually explicit material (pornography); violent images or messages that promote violence; promotion of discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age; promotion of illegal activities; promotion, sale, or display of defamatory, libelous or harmful material or material that otherwise infringes upon the rights of any third parties; promotion or sale of "warez", pirated, or illegal software; content that is inconsistent with GuitarTricks.com's policies and/or practices; encouraging or incenting users to sign up and cancel within the refundable term; and sending spa or other forms of unsolicited email. GuitarTricks.com reserves the right to immediately terminate this Agreement and to remove all GuitarTricks.com Intellectual Property from Affiliate's site and to sever all links to the Affiliate's Personals Pages if any unacceptable content or activity is present. 14. Web Site Service Interruption: GuitarTricks.com will make every effort to keep its Web site operational. However, technical difficulties or site upgrades may, from time to time, result in temporary service interruptions. Affiliate agrees not to hold GuitarTricks.com liable for the consequences of any such interruptions. 15. Term of the Agreement: Affiliate will receive commission payments on orders that are placed during the term of this agreement. Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the subscriptions are not refunded. Payment of the final referral/commission payment to Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid. 16. Modifications: GuitarTricks.com reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, by posting a new version of this agreement on our Web site. Such new terms will take effect 10 days after posting. Without limiting the generality of the foregoing, referral/commission schedules, and all other provisions of this Agreement are subject to change without notice other than posting such information on our Web site, except that we will not reduce the referral/commissions on subscriptions purchased prior to the effective date of the modifications to this Agreement. Affiliate may not change or modify this Agreement. 17. Cancellation of this Agreement: Either party, acting in its sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other. Such cancellation will be effective 3 days after notice to the other party unless the Agreement is terminated by GuitarTricks.com for violation of Section 13 or Section 20, in which case termination will be effective immediately upon notice to the Affiliate by GuitarTricks.com. Affiliate should know that GuitarTricks.com intends to terminate any Affiliate that generates $0 referral/commissions during a consecutive 365 day period. 18. Warranty Disclaimer: GuitarTricks.com makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in the current terms and conditions of GuitarTricks.com which are posted on the Web site, any subscriptions sold hereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Further, GuitarTricks.com expressly disavows any obligation to indemnify Affiliate or any of its representatives or owners in connection with any lawsuit or other proceeding arising out of any of Affiliate's use of GuitarTricks.com. 19. Limitation of Damages: GuitarTricks.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if GuitarTricks.com has been advised of the possibility of such damages. Further, GuitarTricks.com's aggregate liability to Affiliate arising under or with respect to this agreement or the program shall in no event, and under no circumstances, exceed the total referral fees paid or payable by GuitarTricks.com to Affiliate under this agreement. 20. Representations and Warranties In addition to any other representations and warranties set forth in this agreement, Affiliate represents and warrants that it (i) has the necessary and full rights, power, authority and capacity to enter into this agreement and to perform its obligations hereunder; (ii) that the execution of and performance of its obligations under this agreement will not violate the rights of any third party, or any applicable federal, state and local law or regulation; (iii) will comply with the Affiliate Disclosure Rules promulgated by GuitarTricks.com and available at this link: ADD LINK, as modified from time to time by GuitarTricks.com; and (iv) comply with all federal and state laws, rules and regulations, or if a non-US resident, the rules of its country or other applicable jurisdiction, applicable to its affiliation under this agreement. 21. Indemnification: Affiliate agrees to defend, indemnify and hold harmless GuitarTricks.com, its parent, subsidiary and affiliate companies and its and their directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Affiliate's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or willful misconduct of Affiliate; or (iii) it is based upon Affiliate's violation of any applicable federal, state or local law or regulation in providing products or services hereunder. 22. Miscellaneous: Affiliate and GuitarTricks.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of GuitarTricks.com. Subject to the foregoing restriction, this Agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. 23. Confidentiality: Affiliate and GuitarTricks.com agree that the terms of this Agreement and the Agreement itself are confidential and neither party shall divulge the business terms and conditions of this Agreement to third parties without the prior written consent of the other party, provided that Affiliate may identify itself as an affiliate of GuitarTricks.com. 24. Governing Law: This Agreement shall be governed by the laws of the United Sates and the State of California without reference to its choice of law principles.
	I have read, understand and agree to the above terms and conditions.

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