This agreement describes the entire terms and conditions for participation in The Dreams For Real® Affiliate Program. Dreams For Real® refers to the Dreams For Real website at www.dreamsforreal.com. Definitions: “Affiliates” include all parties that refer visitors to Dreams For Real® websites in order to purchase products and services. In this agreement, the term "Participant" and “Affiliate” refers to all accepted affiliate program applicants. “Sponsoring promotion" refers to the promotion from which you will link to Dreams For Real®. Wherever the agreement refers to "you" or "your", it means "Participant"; "we" or "our" refer to Dreams For Real®. The terms "product" or "products" refer to all products and services that have the ability to be sold through Dreams For Real® affiliate links. Whenever the agreement refers to an Affiliate “selling” or having the ability to “sell” or “resell” refers to the process of an Affiliate referring people to the Dreams For Real® website(s) for the purpose of purchasing products. Commissionable Products: Dreams For Real® offers several information products and seminar services that can be sold by an affiliate in order to earn commissions. Not all Dreams For Real® products qualify to be resold in the Affiliate Program. Dreams For Real® will upload all affiliate resalable products into the online Affiliate Resource Center. You can add or remove links at any time: You may add or remove as many links to Dreams For Real® at anytime and without prior approval from Dreams For Real®. Commission Amount: Every product that is qualified to be sold in the Dreams For Real® Affiliate program has a set commission assigned to it. The Dreams For Real® can change the commission payable at any time. The Dreams For Real® will do its best to inform affiliates of any change to the program commission structure. Only qualifying products that are sold by Dreams For Real®, shipped/sent to a customer and for which Dreams For Real® has received full payment will qualify for a commission. The total of such sales in any given month will generate commissions for the Affiliate, based upon the applicable flat rate commission for each product. Commission Payment: The Dreams For Real® will send a commission check, for the previous calendar month’s commissions earned, approximately 10 days after the 1st of each calendar month. The Internet Marketing Center® will do its best to ensure commissions checks are sent out in this time frame. A statement of customer purchase activity is located in the online Affiliate Resource Center. Returns and Cancellations: If a commission qualifying product is later returned by the customer, its commission will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed. Order Processing: The Dreams For Real® will be solely responsible for processing every order placed by a customer following an Affiliate link from your sponsoring promotion. Customers can order through the Dreams For Real® secure online ordering process, the Dreams For Real® 800 phone number, the Dreams For Real® fax number or the Dreams For Real® mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Dreams For Real®. All of the rules, operating procedures and policies of Dreams For Real® regarding customer orders and accounts will apply to orders we receive through tracking links on your sponsoring website. Dreams For Real® reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: Dreams For Real® will be solely responsible for tracking sales generated via supplied affiliate tracking links from the sponsoring promotion. The Participant will be solely responsible for ensuring that the affiliate tracking links are working properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant through the Affiliate Resource Center. Promotional Techniques: You are free to promote Dreams For Real® in all the ways we endorse. Examples of acceptable ways to promote the products and courses are: through banners and text links on your website to letters of recommendation to your newsletters subscribers or your customers. However, if you resell our products through unsolicited email (in any way, shape or form, including newsgroup spamming), or on any WAREZ, CRACK, or SPAM oriented website; your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Dreams For Real®. As well, if you choose to promote Dreams For Real® Sub Affiliate Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote Dreams For Real® Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Dreams For Real®. Affiliate Representation: You are not permitted to represent yourself as an employee of Dreams For Real®. You are not permitted to use images, copy or any other promotional material that is unauthorized by Dreams For Real®. You are not permitted to represent yourself as Dreams For Real® and/or Dr. Samuel Gerstein in any marketing materials. Dreams For Real® has the right to request removal of any marketing materials or web sites that are used to promote Dreams For Real® products that Dreams For Real® deems unacceptable. If you do not comply, Dreams For Real® has the right to terminate your affiliate account and could seek legal counsel. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Dreams For Real®. References/Testimonials: You agree to cooperate with Dreams For Real® in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. Affiliates Signing-Up under Themselves: We will not tolerate Affiliates signing themselves up as a sub-Affiliate of their own assigned Affiliate account in order to generate the additional commissions for their own sales. If you do this, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of Dreams For Real®. Earning Commission On Your Own Purchase: Dreams For Real® will not pay a commission on a purchase of a product or service that you make through your own affiliate account. This action is no longer permitted. If you are earning commissions on the sales of Dreams For Real® products to third parties and want to get a copy of a product please contact the affiliate support team. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Dreams For Real® will not be responsible if you use another party's copyrighted material in violation of the law. The Dreams For Real® policy applies to all orders: Every customer who buys a product through our Affiliate program is deemed to be a customer of Dreams For Real®. The Participant does not have the authority to make or accept any offer on behalf of Dreams For Real®. All Dreams For Real® policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Dreams For Real® is not responsible for any representations made by the Participant which contradict our policies. Product prices and availability: The price charged for every product sold under this program will be determined by Dreams For Real® according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the Dreams For Real® webpage linked from your sponsoring website. Product availability can change, and Dreams For Real® will present the best information available to all participants and it’s referred customers regarding product availability. Website service interruption: Dreams For Real® will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Dreams For Real® liable for any of the consequences of such interruptions. Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services. Tax Information: Dreams For Real® requires you to submit your tax information in order for Dreams For Real® to comply with Tax regulators in your country and in turn pay you commissions on sales. You are required to submit your tax information upon signing up or if this option was not presented to you upon sign up you must log in to your affiliate account and add your tax information into the respective field immediately. The Internet Marketing Center® has the right to withhold commission payment if you fail to submit your tax information. Term of the Agreement: The Participant may receive commission payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Dreams For Real®, and shall end when canceled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final commission payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: Dreams For Real® 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 agreement on our website. Cancellation of this agreement: Either Dreams For Real® or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. The Participant’s Affiliate account will be disabled and all current and future commissions will not be paid. Warranty Disclaimer: Dreams For Real® makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in the Dreams For Real® then current product sales policies, any products sold thereunder, 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. Limitation of Damages: Dreams For Real® 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 Dreams For Real® has been advised of the possibility of such damages. Further, Dreams For Real®’s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Dreams For Real® to Participant under this agreement. Miscellaneous: Participant and Dreams For Real® 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. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Dreams For Real®. 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. Governing Law: This agreement shall be governed by the laws of Ontario, Canada. |
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