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Essi Systems and Q-Metrics Associate Agreement
1. Joining the Program
By filling out the signup form you will automatically become an Essi Systems' Associate/Distributor/Reseller, herein Associate, and are bound by the terms of this Agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals or to purchase merchandise on our websites at a significant discount. This Agreement is limited, non-exclusive and non-transferable.
Automatic Commission Income shall be generated for the Associate each and every time a sale is made from the Associate link. Commissions are 10% of what Essi receives from the purchase of products, excluding tax, shipping, and handling.
Value Added Resellers (VAR) shall receive discounts for purchases by volume according to the pricing schedule provided. No commission or other internet discount shall be paid to Value Added Resellers beyond the discount provided.
2. Revocation of Your Associate Status
Your Associate application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc...)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights, trademarks, tradenames or copyrights:
- Essi Systems, Inc.®, Essi®, Q-Metrics®, EQ Map®, StressMap®, Resiliency Map™, Stress Shop® and their respective logos are trademarks of Essi Systems, Inc. and/or Q-Metrics respectively. Whenever any trademark or tradename is used by any Associate or VAR the trademark symbol must accompany the mark in the following manner:
- ®, the registered trademark symbol, must be placed superscript immediately following the last letter of the mark AND the following sentence must appear on the first page of the first appearance of any trademarked work: (Name of trademark) is the registered trademark of Essi Systems, Inc./Q-Metrics.
- Copyrights for all Essi Systems, Inc./Q-Metrics materials, promotional phrases and intellectual property must carry the following copyright announcement:
- © 1985-2001. Essi Systems, Inc. All Rights Reserved.
5. The discretion of Essi Systems, Inc.
3. Associate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in 2. Associate must submit materials for approval to Essi Systems, Inc. prior to publication for approval, should the Associate have any question of appropriateness.
4. Associate Tracking
When a web surfer clicks to Essi Systems or Q-Metrics site through your Associate link, a cookie is set in their browser that contains your Associate username. Also, their IP address is tracked in the database along with your Associate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the Associate who will be awarded the commission. Visitors sent through your Associate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.
5. Terms of the Agreement
These terms will begin upon your signup with the Associate program and will end when your Associate account is terminated. The terms of this Agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your Associate account. Your continuing participation in the program will constitute your acceptance of any change.
6. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Associate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the Associate program and/or products sold at this site. We make no claim that the operation of the Associate program and our website will be error-free and we will not be liable for any interruptions or errors.
7. Other
Associates shall have no right or license to represent Essi Systems, Inc. or Q-Metrics or to act as an agent, consultant or representative of Essi Systems, Inc. or Q-Metrics in any manner including but not limited to product development, creation of derivative works, or the granting of any person, organization, entity or other third party the right to use any materials, data, words, phrases, scales or promotional material belonging to or provided by Essi Systems or Q-Metrics without prior written approval.
8. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the state of California in the United States of America without respect to conflict of laws principles.
By filling out the Associates application form you acknowledge that you have read the terms and conditions of this Agreement and you understand and agree with them.
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Agreement