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EXECUTION OF THIS DOCUMENT CONSTITUTES A LEGAL AND BINDING
AGREEMENT BETWEEN THE Reseller ("You," "Your")
AND lindatran.net ("We," "Us," "Our").
AFTER CAREFULLY READING THIS DOCUMENT, YOU MAY BECOME AN Reseller
BY CLICKING ON THE "I ACCEPT" LINK AT THE END OF
AGREEMENT. YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT
SHALL CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND lindatran.net
IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
1. Services
Services that participate under this agreement are: all
credit card subscriptions to the members-only area of lindatran.net
that are billed by Epoch Transaction Services. lindatran.net reserves the
right to modify or delete service subscriptions at any time.
2. Subscriptions and Processing
lindatran.net retains the third-party services of Epoch Transaction Services,
its authorized billing company, to track and process all
subscription orders from customers who follow our link from
Reseller's site. lindatran.net will track the volume and
amount of subscription signups generated by Reseller's site
and will make unaudited reports, summarizing this sales
activity, available to Reseller through the Epoch Transaction Services Reseller
Reports Panel (accessible at URL http://www.epochsystems.com/reports/reseller/resellerLogin.php.
To permit accurate tracking, reporting, and fee accrual,
Reseller must ensure that the links between Reseller's site
and Our site are properly formatted. lindatran.net holds
no responsibility for uncounted and unpaid subscription
signups if Reseller fails to link Our banner correctly.
3. Compensation
As compensation for services rendered by Reseller, lindatran.net
shall pay to Reseller 50% of the total subscription cost
per signup plus 50% of the total subscription cost per recurring
sale. Reseller shall be compensated the above percentages
for all subscriptions that originate from Reseller's website
link for credit card subscriptions billed by Epoch Transaction Services only.
All compensation totaling at a minimum of $50.00 USD will
be paid to Reseller directly by Epoch Transaction Services. A $2.00 USD processing
fee applies to all checks paid by Epoch Transaction Services.
4. Tracking of Sales
Reseller shall be responsible for properly formatting all
links. Reseller understands that if the links to Our site
are not properly formatted with the supplied HTML coding after
Reseller enrolls, then referrals may not be tracked accurately.
lindatran.net shall assign to Reseller an URL which will
provide a statement of subscription sales activity that Reseller
may access at any given time. Reseller may also log in by
clicking the Check Stats link at the top of this site's pages.
5. Policies and Linking
lindatran.net policy applies to all subscription signups:
Every customer who orders a subscription to lindatran.net
through this Reseller program is deemed to be a customer
of lindatran.net. Reseller does not have the authority to
make or accept any offer on behalf of lindatran.net. All lindatran.net
policies regarding subscription signups, including terms of
use agreements, pricing and problem resolution, shall apply
to these customers. lindatran.net is not responsible for any
representations made by Reseller which contradict Our policies.
To link to lindatran.net, Reseller may only use banners
designed or approved by lindatran.net. The visitors of Your
website must click on Our banner(s) by free will. Links coming
from password distribution websites, warez websites, blind
links, forced exit traffic, websites containing illegal or
immoral material such as child pornography, bestiality, racism,
etc., SPAMMING, and bulk e-mailing are not permitted and all
accounts with lindatran.net's Reseller program shall be terminated
and any amounts owed shall be voided. THIS IS YOUR ONLY WARNING.
6. Pricing and Accessibility
Subscription prices and accessibility may vary from time
to time. In case of any price discrepancies, the price charged
to the customer will always be the price listed on and lindatran.net.
lindatran.net cannot guarantee the pricing and accessibility
of its sites' subscription services (due to possibilities
of subscription rate modifications, server failure or server
backlog).
7. Copyright and Trademark Infringement
Reseller is solely responsible for ensuring that Your reviews,
service descriptions and articles (if applicable at your site)
obey all applicable copyright, trademark, and other laws.
lindatran.net shall not be responsible if Reseller uses another
party's copyrighted or trademarked material in violation of
the law.
8. Term of the Agreements
Reseller will receive compensation on qualifying orders
that are placed during the term of the agreement. This term
shall begin on the date that Reseller's application is approved
by lindatran.net and Epoch Transaction Services and shall end by either party.
Compensation earned through the date of expiration or cancellation
of this agreement shall remain payable only if the subscription
is not returned or cancelled.
9. Modification of Agreement
lindatran.net reserves the right to modify any of the terms
and conditions contained in this agreement, at any time and
in Our sole discretion.
10. Relation of Parties
Notwithstanding any provision herein to the contrary, it
is understood and agreed that Reseller is an independent
contractor and not an employee or agent of lindatran.net and
shall have no right or authorization, express or implied,
to act for, incur, assume or create any obligation, responsibility
or liability on behalf of lindatran.net, or make any representations
or warranties concerning lindatran.net or the services in
the name of or on behalf of lindatran.net, or bind lindatran.net
in any manner whatsoever, other than as specifically approved
by lindatran.net.
11. Termination
After the initial term hereof, either party may terminate
this agreement without cause at any time. Reseller must notify
lindatran.net of termination via e-mail or postal mail. lindatran.net
reserves the right to terminate this agreement without notice
at any time. In the event of such termination, Reseller shall
be entitled to receive any compensation earned pursuant up
to the termination date. Termination notices to lindatran.net
may be made by US Postal Mail to this address:
Linda Tran
Cash and ASSets Rewards Program
P.O. Box 32462
Long Beach, CA 90832-2462
12. Limitation of Liability
lindatran.net shall not be liable for indirect, incidental,
special, or consequential punitive or multiple damages, including
without limitation any damages resulting from loss of use,
loss of business, loss of revenue, loss of profits, or loss
of data, arising in connection with this agreement or lindatran.net's
performance of services or of any other obligations relating
to the agreement, even if We have been advised of the possibility
of such damages. Further, Our aggregate liability arising
with respect to this agreement shall not exceed the total
commissions paid or payable to You under this agreement. The
foregoing limitation of liability shall apply regardless of
the cause of action under which such damages are sought.
13. Representations and Warranties
lindatran.net makes no express or implied warranties or representations
with respect to the subscription services sold through lindatran.net.
In addition, We make no representation that the operation
of Our website shall be uninterrupted or error-free, and we
shall not be liable for the consequences of any interruptions
or errors.
You warrant and represent that You own and/or operate a lawful,
and otherwise valid Internet website. You further represent
that You have the requisite power and authority to enter into
this agreement and perform the obligations set forth herein
and that You are an adult at least eighteen (18) years of
age.
14. Intent to be Bound
You hereby represent and warrant to lindatran.net that this
agreement has been duly and validly executed and delivered
by You and constitutes Your legal, valid and binding obligation,
enforceable against You in accordance with its terms; and
that the execution, delivery and performance by You of this
agreement are within Your legal capacity and power; have been
duly authorized by all requisite action on Your part; require
the approval or consent of no other persons; and neither violate
nor constitute a default under the (i) provision of any law,
rule, regulation, order, judgement or decree to which You
are subject or which is binding upon You, or (ii) the terms
of any other agreement, document or instrument applicable
to You or binding upon You.
15. Indemnification
Each party hereby indemnifies the other in connection with
any claim, damage or loss sustained by the indemnified party
as a result of the dishonesty, willful misconduct or gross
negligence of the indemnifying party's employees, agents or
representatives in the performance of their respective obligations
pursuant to this agreement.
16. Privacy Policies
lindatran.net respects the privacy of Resellers and shall
not disclose, distribute, sell or make public the personally
identifiable information of Resellers to any third parties,
including advertisers, competitors and agents or subcontractors.
The information that You provide, including your address,
phone number, e-mail address, and Social Security Number,
are required by law in order to properly administer Our
services to you and shall only be used to create and maintain
your Reseller account with Epoch Transaction Services. Epoch Transaction Services's privacy policies
are stated in whole at URL http://www.epochsystems.com/privacy.html.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND lindatran.net.
BY CLICKING ON THE "I ACCEPT" LINK BELOW, YOU ARE
AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE
TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR
ACCEPTANCE OF THIS TO BE AGREEMENT AND YOU AGREE BOUND BY
THE TERMS HEREOF.
I Accept |
