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Affiliate Agreement
The undersigned ("Affiliate"), by submitting the Affiliate Application and this Affiliate Advertising Agreement (collectively "Agreement") to MariSafe Inc., a Florida corporation ("MariSafe"), acknowledges that it wishes to become an Affiliate, and in consideration of MariSafe' approving Affiliate's Application, agrees to be bound by the terms and conditions of this Agreement (the “Affiliate Program”). Affiliate warrants that all information provided in the Affiliate Application is true and accurate. Affiliate understands that MariSafe has sole discretion over whether to accept or reject Affiliate's Application, and that this Agreement will not be binding unless Affiliate has been notified of such acceptance.
MariSafe operates the Affiliate Program (the "Affiliate Program") that provides certain offers for distribution on the Web sites of accepted members of the Affiliate Program.
You wish to be considered for acceptance into the Affiliate Program.
NOW, THEREFORE, in consideration of the terms and conditions set forth in this Agreement, and other good and valuable consideration the sufficiency of which is hereby acknowledged, you and MariSafe hereby agree as follows:
1. Term.
MariSafe reserves the right to terminate this Agreement at any time upon notice to Affiliate via e-mail, fax or regular mail or via MariSafe' Web site. MariSafe may immediately terminate this Agreement without notice if Affiliate is in breach of any representation, warranty or covenant in this Agreement or any other agreement to which Affiliate and MariSafe are a party. Affiliate may terminate this Agreement upon thirty (30) days written notice to MariSafe. The rights and obligations contained in Sections 3, 5, 6, 7, 8 and 9 of this Agreement shall survive the termination or expiration of this Agreement.
2. Payment For Services
(a) MariSafe agrees to remit to Affiliate a commission payable in the amounts and on the terms as set forth in this Agreement for all sales of products or services originating from the Affiliate's Web site via hyperlinks to MariSafe.com.
(b) As used in this Agreement and in any applicable MariSafe Specific Terms:
(i) "Net Monthly Sales" means the net dollar amount actually invoiced by MariSafe for products and services sold to a Qualified Customer (as defined below) during a calendar month. Net Monthly Sales are calculated exclusive of transportation and packaging costs, insurance, duties, taxes and other governmental charges, but including all commercial, trade, cash and other discounts actually granted by MariSafe.
(ii) A "Qualified Customer" means any individual or entity that purchases Products from the MariSafe Site by clicking through to the MariSafe's Site via hyperlinks from Affiliate.
(c) In the event an individual or entity visited more than one Affiliate of MariSafe prior to purchasing products or services from MariSafe's Web site, the Affiliate operating the last Website that such individual or entity clicked through to the MariSafe's Web site shall be the only party entitled to receive a commission for the products or services sold.
(d) MariSafe shall pay the commissions to Affiliate within thirty (30) days after the end of the month in which the product or service sale transaction occurred. MariSafe shall not be obligated to make any payment of commissions to Affiliate until the aggregate amount of commissions due to Affiliate from MariSafe equals or exceeds fifty dollars ($50.00). Any earned but unpaid Advertising Fees shall carry over to the next regularly scheduled payment period.
(e) MariSafe will only remit payment to Affiliate if Affiliate has been accepted by MariSafe as an Affiliate and has provided MariSafe with a correct mailing address and a tax identification number (W-9 form).
(f) MariSafe may make appropriate deductions from future payme
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