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| For a sale to generate a commission to
an Affiliate, the customer must complete the secure
order form and remit full payment for the service
ordered. If a credit card is declined, no successful
order was made, and thus no commission is earned. The
software can only track orders generated through the
secure order form, thus any purchases made via
telephone, check, money order, paypal, Western Union, or
the non-secure order form cannot be accounted for unless
an individual specifically mentions your web site as the
referral source. The large majority of orders occur
through the secure online order form, so most purchases
stemming from your referral will be automatically
logged.
Referral fees can only be earned between the
acceptance of the Affiliate application and notice of
termination. Fees will be paid by Hartman Drug and
Health. Any returned checks, chargebacks, or fees from a
returned order will be adjusted. If no fee payment is
due a billing invoice for the amount will be issued.
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| ABOUT LIABILITY We will not be
liable for indirect, special, or consequential damages
or any loss of revenue, profits, or data arising in
connection with the agreement or the Software program,
even if we have been advised of the possibility of such
damages. Furthermore, our aggregate liability arising
with respect to this Agreement and the Program will not
exceed the total commissions paid or payable to you
under this Agreement.
ORDERS PROCESSING
Hartman Drug and Health will be solely responsible
for processing every order placed by a customer on the
Affiliate site. Customers who purchase products and
services through the Affiliate Program will be deemed to
be customers of you and refereed for servers to us.
Prices and availability of our products and services may
vary from time to time. We reserve the right to
reject any order that does not comply with our rules,
operating procedures and policies.
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| WEB SITE RESTRICTIONS We
reserves the right not to accept any site into the
Affiliate Program based on site content. Sites that Do
Not Qualify for the Affiliate Program include sites such
as:
X- rated and promote sexually explicit materials
Promoting violence and discord.
Promoting discrimination based on race, sex,
religion, nationality, disability, or age
Promoting illegal or questionable activities
Violating intellectual property rights
SPAM (UCE)
Unsolicited Commercial E-mail - Hartman Drug and
Health in no way participates in mass unsolicited
e-mailing (i.e. spamming), and all Affiliates are
expected to adhere to this policy as well. Violation
of this policy will result in the termination of this
contract and immediate dismissal from the Affiliate
Program.
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| DISCLAIMER We make no express
or implied warranties or representations with respect to
the Affiliate Program or your potential to earn income
from our Affiliate Program. In addition, we make no
representation that the operation of our site or the
Affiliate Sites will be uninterrupted or error-free, and
we will not be liable for the consequences of any
interruptions or down time.
This Agreement will be governed by the laws of the
United States of America. Any action relating to this
Agreement must be brought in the courts located in the
United States of America 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, inure 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.
By submitting this Affiliate Agreement form, you
acknowledge that you have read this agreement and agree
to all its terms and conditions. You have independently
evaluated this program and are not relying on any
representation, guarantee, or statement other than as
set forth in this agreement.
payments are sent out (if due for any sales) on the
4th week of every month.
Sales do not include supplies, just the three
evidential breath machines and or GK kits.
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