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Murayah LLC Affiliate Agreement
This Affiliate Agreement ("the Agreement") is made between Murayah LLC and
you, as our Affiliate.
1. TERM OF THE AGREEMENT:
The term of this Agreement will begin upon our acceptance of your Affiliate
application and will end when terminated by either party.
1.1 Either you or we may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination.
1.2 You are only eligible to earn referral fees on sales occurring during the term.
2. INDEPENDENT INVESTIGATION:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS.
2.1 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB
SITE.
2.2 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.
3. ACCEPTANCE.
You agree to keep the terms and conditions outlined in this agreement.
3.1 By clicking on the "Sign-up" button on our Affiliate Sign-up page you indicate your acceptance of this Agreement.
3.2 If you do not accept this agreement, you are not authorized to be an Affiliate, and may not use our links, graphics, and utilities on your website.
4. SIMPLE STATEMENT OF RELATIONSHIP.
Murayah LLC enters into a relationship with you as an Affiliate, so that you may make a commission each time someone you refer makes a purchase of a product or service on our website as a result of clicking on a Qualified Link on your website, according to the provisions in this Agreement.
4.1 You and Murayah LLC are independent contractors, and nothing whatsoever in this Agreement including the word "Partner" will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
4.2 You have no authority to make or accept any offers or representations on our behalf.
4.3 You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
5. QUALIFIED LINK
Qualified link means a hyperlink to one of the Murayah LLC web sites that is copied and pasted from your individual password-protected Affiliate Administration area on our site.
5.1 These include sophisticated HTML code.
5.2 If the HTML code is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any sale.
5.3 Any change you make may cause the tracking to no longer function correctly.
6. TRACKING.
When someone clicks on a Qualified Link on your site, a cookie will be set in their browser with your Affiliate ID, and their IP address will be logged with your Affiliate ID.
6.1 During that visit to our website or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database.
6.2 You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.
6.3 Murayah LLC agrees to track an Affiliate cookie for a period of one year during which time you are eligible for a commission.
6.4 Murayah LLC cannot be responsible for customers who set their browser or use software designed to eliminate or reduce cookies.
7. PAY-PER-SALE.
Our Affiliate Program pays the Affiliate only when a sale results from a visitor who is sent by a Qualified Link on the Affiliate's website.
7.1 If a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale.
8. PAYMENT RATE.
The payment per sale on various Murayah products is 15% of the sales amount (not including any taxes or shipping).
8.1 For any sales resulting from links by Affiliates, which have signed up for the program upon being referred by a special link for this purpose on your website.
8.2 Commissions will be paid only on sales and scales as published in the various Affiliate pages of the Murayah website from time to time.
8.3 The payment rates and the products that attract a commission payment can be changed or discontinued at any time with notification as provided herein.
8.4 From time to time Murayah LLC - as an incentive to Affiliates - may for a set TIME period increase the percentage of the payment per sale on various products.
9. CHARGEBACK.
If the purchaser makes a duplicate entry, later returns a product, enters through a non-qualified link, makes an unauthorized payment, or does not make full payment to Murayah LLC, payment made to the Affiliate for that purchase shall be rescinded.
10. PAYMENTS.
Partner/Affiliates are not eligible to earn commissions on their original purchase of any Murayah LLC products.
10.1 Payments will be made via PayPal or check in US funds within 30 days after the end of any month that your accumulated commission totals US $25 or more.
10.2 United States Affiliates(individual/resident/corporation/business) must
provide Murayah LLC with a completed W-9 Federal Tax form before Murayah LLC will issue a check to the Affiliate.
11. CHANGES TO THE PROGRAM.
Murayah LLC reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time.
11.1 In such case Murayah LLC will notify Affiliates of such changes either via e-mail or by posting in the Affiliate Area of our website, at which time you may either agree to such changes or withdraw from the Affiliate Program.
12. REGISTRATION AGE.
To sign up as an Affiliate you must be at least 18 (eighteen) years of age.
13. TERMINATION.
MURAYAH LLC RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS AN AFFILIATE.
13.1 THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE,
BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY.
14. LIMITATION OF LIABILITY.
MURAYAH LLC DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF THE MURAYAH LLC WEB SITE OR
SITES AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
14.1 IN NO EVENT WILL MURAYAH LLC BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEB SITE OR SITES, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF MURAYAH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Murayah LLC 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.
14.3 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 to this Agreement.
15. SEVERABILITY.
If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16. OWNERSHIP AND LICENSES.
Murayah LLC grants a non-exclusive, limited, revocable right to the
Affiliate to use Murayah LLC trademarks and banners.
16.1 All images, programs, HTML code, and content provided by Murayah LLC shall remain the sole property of Murayah LLC, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document.
16.2 All intellectual property rights, including trademarks, copyrights, trade names, and service marks shall remain the sole property of Murayah LLC, including rights in and to any derivatives of them.
16.3 The Affiliate may not modify the trademarks, banners, the content, or any of Murayah LLC provided images in any way.
17. MODIFICATION:
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site.
17.1 Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
17.2 IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOU’RE CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
18. TERM AND TERMINATION.
This agreement shall remain in effect until terminated.
18.1 The Agreement may be terminated by Murayah LLC or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement.
18.2 Upon termination you may no longer use Murayah LLC banners, images, content, trademarks, etc. on your site, or provide hyperlinks to any Murayah LLC
site.
19. ASSIGNABILITY.
Murayah LLC may assign this Agreement to any successor.
20. FORCE MAJEURE.
Neither Murayah LLC nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of
Murayah LLC or the Affiliate.
21. JURISDICTION.
Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in the State of Colorado, USA, and any dispute will be litigated or arbitrated in that State.
21.1 This Agreement shall be governed by internet Law.
21.2 You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
21.3 Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
21.4 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.
22. SOLE AGREEMENT.
This Agreement constitutes the sole agreement between Murayah LLC and the Affiliate regarding the Affiliate Program.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AFFILIATE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AFFILIATE AGREEMENT |
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