By clicking on the JOIN NOW button you are stating that you have read and understand
the Terms of the Affiliate Program herein, and agree to be legally bound
by these terms.
1. Enrollment in the Program
To begin the enrollment process, you will submit a completed Affiliate Program
registration form from this website. We will evaluate your website and will
notify you of your acceptance or rejection. We may reject your application
if we determine (at our sole discretion) that your site is unsuitable for
our Affiliate Program for any reason including, but not limited to, violence
promoted at your site, sexually explicit materials, discrimination based
on race, sex, religion, nationally, disability, age, sexual orientation,
promote illegal activities, or incorporates materials that infringe or assist
others to infringe on copyright, trademark or other intellectual property
rights.
If we reject your application, you may reapply to our Affiliate Program at any time. Also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for our Affiliate Program, we may terminate this Agreement.
2. Links on Your Site
You will receive the link code and ad banners to our site after approval.
3. Order Processing and Reporting
Services contracted and products purchased by customers who follow links from
your site to our site will be processed and tracked. We are responsible for
order processing and fulfillment including, but not limited to product configuration
and/or delivery. In the event that we are hosting sales for a third party
vendor, Alternative Solutions in Long Term Care will act as an intermediary
to ensure proper delivery prior to paying the third party vendor for the
transaction.
4. Commission Amount
The Commission Amount is five percent. The Commission
Rate is subject to change at any time or from time to time, in our sole and
absolute discretion. You will be notified of any change in the Commission
Amount.
5. Commission Payment
Commissions will be paid out approximately 10days after the end of any given
calendar month. All commission payouts will be paid via check
You are solely responsible for the accuracy and completeness of your membership, personal and payment information, such as but not limited to your correct name, mailing address and payment processor email address. Alternative Solutions in Long Term Care will not be liable for delayed, incomplete or miss-routed payouts due to an affiliate providing incomplete or inaccurate membership, personal or payment information.
Commissions will be paid out only if you have accumulated $1.00 or more in verified commissions due by the payout date, except that we will not payout via bank check in amounts less than $25.00. If you are not due the minimum payout amount on a given payout date your commissions will accumulate until the next soonest payout date by which you have accumulated the minimum payout amount.
Net Sales will be reduced for amounts due to credit card fraud, bad debts, cancellations and credits. A commission will only be paid if the visitor to our site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system.
6. Policies and Pricing
Customers who buy products and services through our Affiliate Program will
be deemed to be customers of Alternative Solutions in Long Term Care. Accordingly,
all Alternative Solutions in Long Term Care rules, policies, and operating
procedures concerning customer service and
product sales will apply to those customers. We may change our policies and
operating procedures at any time. For example, we will determine the prices
to be charged for products and services sold under our Affiliate Program
in accordance with our own pricing policies.
7. Limited License
We grant you a non-exclusive, revocable right to use the graphic image and
text and such other images for which we grant express permission, solely
for the purpose of identifying your site as a Alternative Solutions in Long
Term Care Affiliate Program participant and to assist in generating product
and service sales.
You may not modify the graphic image or text, or any other of our images,
in any way. We reserve all of our rights in the graphic image and text, any
other images, our trade names and trademarks, and all other intellectual
property rights. We may revoke your license at any time by giving you written
notice.
8. Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance
of your site and for all materials that appear on your site. We shall have
no responsibility for the development, operation and maintenance of your
site and for all materials that appear on your site. You hereby represent
and warrant to us that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example - but not limited
to, copyrights, trademarks, privacy, or other personal or proprietary rights),
and that materials posted on your site are not libelous or otherwise illegal.
You must have express permission to use another party's copyrighted or other
proprietary material. We will not be responsible if you use another party's
copyrighted or other proprietary material in violation of the law. We disclaim
all liability for these matters. Further, you will indemnify and hold us
harmless from all claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance, and
contents of your site.
9. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Alternative
Solutions in Long Term Care Affiliate Program registration and will end when
terminated by either party.
Either you or we may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. Notice by
e-mail, to your address on our records, is considered sufficient notice for
to terminate this Agreement. Upon the termination of this Agreement for any
reason, you will immediately cease use of, and remove from your site, all
links to our site, and all banners and Alternative Solutions in Long Term
Care trademarks, and all other materials provided by or on behalf of us to
you pursuant hereto or
in connection with our Affiliate Program. You are only eligible to earn referral
fees on sales of our services and products (as per schedule) occurring during
the term, and commissions earned through the date of termination will remain
payable only if the related services are completed and paid in full. We may
withhold your final payment for a reasonable time to ensure that the correct
amount is paid.
10. 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 our Website or by e-mail to your address in our records. Modifications
may include, but not limited to, changes in the scope of available commission
fees, commission schedules, payment procedures, and Affiliate Program rules.
If any modification is unacceptable to you, your only recourse is to terminate
this Agreement. Your continued participation in our Affiliate Program, following
our posting of a change notice or new agreement on our Website, will constitute
binding acceptance of the change.
11. Relationship of Parties
You and Alternative Solutions in Long Term Care are independent contractors,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority
to make or accept any offers or representations on our behalf. You will not
make any statement, whether on your Website or otherwise, that reasonably
would contradict anything in this Section.
12. Limitation of Liability
We 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 our Affiliate Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to
this Agreement and our Affiliate Program will not exceed the total referral
fees paid or payable to you under this Agreement.
13. Disclaimers
We make no express or implied warranties or representations with respect to
our Affiliate Program or any products sold through our Affiliate Program
(including, without limitation, warranties of fitness, merchantability, non-infringement,
or any implied warranties arising out of a course of performance, dealing,
or trade usage). In addition, we make no representation that the operation
of our site will be uninterrupted or error-free, and we will not be liable
for the consequences of any interruptions or errors.
14. Indemnification
You hereby agree to indemnify, defend and hold harmless Alternative Solutions
in Long Term Care, its members, officers, directors,
employees, agents,
affiliates, successors and assigns, from and against any and all claims,
demands, losses, liabilities, damages or expenses (including attorneys' fees
and costs) of any nature whatsoever incurred or suffered by us (collectively
the "Losses"), in so far as such Losses (or actions in respect
thereof) arise out of, are related to, or are based on (i) any claim or threatened
claim that our use of the Affiliate Program Trademarks infringes on the rights
of any third party; (ii) the breach of any representation or warranty made
by you herein; or (iii) or any claim related to your site.
15. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of this Agreement is invalid or unenforceable,
but that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and enforced
as so limited.
16. Miscellaneous
This Agreement will be governed by the laws of the the State Of New Jersey,
United States, without reference to rules governing choice of laws. Any action
relating
to this Agreement must be brought in the courts located in Sparta, New Jersey,
USA; and you irrevocably consent to the jurisdiction of such courts. 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, work to the benefit of, and enforceable against the parties
and their respective successors and assigns. 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.