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Affiliate Agreement














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The following are terms and conditions for participating in the SFI Marketing Group Affiliate Program. "Affiliate" refers to you, and "SFI" refers to the SFI Marketing Group, a division of Carson Services, Inc., Lincoln, Nebraska, USA.

SFI reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.

1. Affiliate agrees that an SFI Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of SFI. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of SFI.

2. Affiliate must be of the age of majority in his/her state or country.

3. All Affiliate applications are subject to approval by SFI.

4. Affiliate agrees to receive SFI e-mail, including but not restricted to sales reports, training, newsletters, plus messages from Affiliate's Team Leader(s).

5. Contact information (e-mail address, phone number, address, etc.) will be provided to your SFI Sponsor (typically the person who directly referred you to SFI or whose advertising generated your registration). Contact information is not disclosed to any other party.

6. A maximum of ONE affiliate per household is allowed. However, you may apply to be granted an exception for children or other relative(s). In all cases, the affiliates must reside in the network of the Sponsor.

7. Affiliate agrees to present the SFI Compensation Plan and SFI products and services as set forth at the official SFI Website. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official SFI Website. Affiliate further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.

8. Affiliate agrees not to disparage SFI, other SFI Affiliates, SFI products, the SFI compensation plan, SFI employees, or SFI Independent Contractors. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.

9. Affiliate agrees that registering new affiliates through automated machine entry, manual entry, or advancing your affiliates' ranks without their approval or with the primary intent to advance in rank, is strictly forbidden and is grounds for suspension or termination of your account.

10. Affiliate agrees to not utilize SPAM in promoting SFI. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the SFI Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by SFI.

For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about SFI, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:

A. Sending SFI E-Cards to your family and friends. You can send up to 10 E-Cards a day.

B. Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not advertise an SFI-provided Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.

C. You may include information on SFI in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.

SFI also considers ANY type of advertisement about SFI that is posted unsolicited on online venues (e.g. newsgroups, chat rooms, etc.) to be spam.

11. Affiliate agrees to provide SFI with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.

12. Although the SFI Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by company check and sent out monthly on or about the 10th for the previous month's sales. To cover SFI processing costs of Affiliate commission check, SFI will deduct $1 (one dollar). If a sale is canceled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission check that will be sent out is $8 (after processing fee). Some exceptions may apply.

13. Affiliates wishing to change networks must officially opt out of the SFI program for a minimum of six months. All sponsored affiliates and previous relationships with other SFI affiliates and members will be voided at this time. After the six-month period, you may rejoin SFI in any network of your choice. If a violation of this policy is discovered, all positions other than the original position will be terminated.

14. Affiliate may not use their knowledge of, or association with Affiliates other than those sponsored to further any business undertaking other than SFI.

15. Affiliate will be issued an "Affiliate Link," a unique URL which allows SFI to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link.

16. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.

17. SFI is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

18. SFI will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, SFI is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and SFI is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of SFI. It is the goal of SFI to make Affiliate tracking as accurate as possible. However, SFI cannot guarantee 100% tracking for situations beyond its control.

19. To protect SFI customer privacy, if deemed necessary, SFI reserves the right to withhold identifying customer contact information from Affiliate.

20. SFI reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display an SFI logo, image, or trademark which may be distasteful, defame, or misrepresent SFI.

IMPORTANT: The Better Business Bureau allows only SFI to reference our membership with the BBB. Hence, mention of SFI's affiliation with the BBB in any way is not allowed. You, as an individual, can apply to become a member of your local BBB chapter. If accepted as a member, you would be able to promote that fact. But again, under no circumstances are you allowed to reference SFI's affiliation with the BBB.

21. Affiliate shall follow SFI advertising guidelines and agrees not to misrepresent SFI products or services. Affiliate agrees to use only SFI-approved ads. However, if you are a Team Leader, you may submit your own ads for SFI's approval. They must be approved, however, before you can publish them. Affiliate further understands that prohibited sites for advertising SFI products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.

22. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of SFI. Upon request, SFI will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's SFI business.

23. SFI shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if SFI has been advised of the possibility of such damages. SFI aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by SFI under this agreement.

24. Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.

25. SFI makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.

26. Both SFI and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

27. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

28. Affiliate understands that SFI will purge the main affiliate database monthly of all affiliates who have been designated as "inactive" for a period of six months or more. Sponsorship of those referred by inactive affiliates will then roll up to the next active affiliate. This purging and roll up will be reflected in the Affiliate's SFI reports.

29. SFI limits affiliate's use of a single credit card to a limited number of separate affiliate accounts.

30. This agreement will be governed by and construed in accordance with the laws of the State of Nebraska, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.

DISCLAIMER:

SFI hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to SFI. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by SFI.

SFI obligations and your remedies hereunder are solely and exclusively as described and limited herein. SFI's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall SFI be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.

SFI's display of any products, goods, or services offered by or originating from a party other than SFI are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by SFI. Any ultimate purchase of any product, good, or service from SFI is made subject to the law of the State of Nebraska, which substantive law shall control the relationship of the parties.

ARBITRATION:

Any controversy, dispute or claim between SFI and any other party arising out of/or involving any SFI business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.

The arbitrator shall apply Nebraska substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Lincoln, Nebraska.

The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the State of Nebraska, County of Lancaster.

The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Nebraska. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.































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