This agreement describes the entire terms and conditions for participation
in the Cutts Group Affiliate Program. CuttsGroup.com is owned and operated
by Cutts Group, llc. In this agreement, Cutts Group, llc, and the individual
web sites that may be collectively referred to as Cutts Group.
In this agreement, the term "Affiliate" refers to you (the
applicant). Wherever the agreement refers to "you" or "your",
it means "the Affiliate"; "we" or "our"
refers to Cutts Group.
Affiliate Site
Cutts Group will create a unique URL for you when you submit a complete
Affiliate Enrollment Form.
Commissions
You will receive up to 45% (determined by the product and/or service)
of the revenue as a commission from orders placed through your Affiliate
ID Number. For a sale to generate a commission to an Affiliate, the customer
must complete the order form and remit full payment for the product and/or
service ordered. You will receive 5% of the revenue from orders placed
through the Affiliate Sites of those sub-Affiliates (2nd tier affiliates),
which you have sponsored into the Affiliate Program. Commissions will
only be paid on sales that are made through qualified Affiliate ID Numbers.
Due to an increasing amount of International
fraud - this program is now ONLY open to those persons living in the
US, Canada, UK, Australia, and New Zealand. If you do not live in one
of these countries, and you still want to participate AND receive commissions,
please send an e-mail to affiliate@cuttsgroup.com
with your web site information, URL and details about your visitors
and/or your opt-in list, etc. If you are not granted an exception, no
commissions will be paid.
Payment
Cutts Group will send a check for the applicable commissions on or about
the 15th of the month for the previous month's commissions. If any order
that generated a referral fee is returned by the customer, or if there
are any returned checks or chargeback's, the amount will be deducted from
the next monthly payment. If there is no subsequent payment, the Affiliate
will be invoiced.
Order Fulfillment
Cutts Group will be solely responsible for processing every order placed
by a customer on the Affiliate ID Number.
Customers
Customers who purchase products and services through the Affiliate Program
will be deemed to be customers of Cutts Group. Accordingly, all Cutts
Group rules, policies, and operating procedures concerning customer orders
and service will apply to those customers. We may change our policies
and operating procedures at any time. Prices and availability of our products
and services may vary from time to time. Cutts Group policies will always
determine the price paid by the customer.
Qualifying Sites
Cutts Group reserves the right not to accept any site into the Affiliate
Program based on site content. Sites that Do Not Qualify for the Cutts
Group Affiliate Program include sites which:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age
promote illegal activities
violate intellectual property rights
Unsolicited Commercial Email or SPAM
Cutts Group in no way participates in mass unsolicited emailing (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 Cutts Group Affiliate Program,
with no refund.
Bottom line: If you spam, you're out!
Relationship of Parties
You and we 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 site or otherwise, that reasonably
would contradict this statement.
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 the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect
to this Agreement and the Program will not exceed the total commissions
paid or payable to you under to this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect
to the Affiliate Program or your potential to earn income from the 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 errors.
Any disputes between the parties to this agreement, which involves interpretations
of the terms of this agreement, shall be submitted to arbitration under
the rules of the American Arbitration Association, and the finding of
the Arbitrator shall be binding on all parties. 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,
insure 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 the Affiliate Order 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.
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