Top Sales Positions Affiliate Agreement

Affiliate is an independent contractor for Top Sales Positions and no partnership will be formed by this agreement. Affiliate is responsible for paying his/her own taxes on any revenue that is generated from participation in this program.

Referral Fees: Purchase of the service by Affiliate's referred customers will earn Affiliate a referral fee equal to 30% of the purchase price of the Service. Affiliate will also earn 15% of the purchase price of the service paid by Affiliate's sub-Affiliates' referred customers. Affiliate is eligible to receive bonuses for referring prospects to Top Sales Position's Web site as follows: Affiliate that refers the most prospects to Top Sales Position's Web site will receive an additional 50% of total commissions generated by referrals from that Affiliate. Bonuses are calculated for sales generated in a given month.

Definition Of Sub-Affiliates A Sub-Affiliate is defined as a third party that is in no way related to Affiliate, either personally or commercially. Affiliate is not permitted to register for the Top Sales Positions Affiliate Program more than once, and any attempt to artificially inflate Affiliate's referral fees will be grounds for immediate termination of this Agreement.

Affiliate understands that Top Sales Positions monitors all Affiliate registrations and orders, and agrees that Tops Sales Positions will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy.

Referral Fee Payments Top Sales Positions will mail a referral fee payment in U.S. dollars for the applicable referral fees on the end of each calendar month for the previous month's referral fees. An online statement of customer purchase activity is available to Affiliate at all times.

Returns And Cancellations If a Top Sales Positions membership is cancelled by Affiliate's customer, the corresponding referral fee will be deducted from Affiliate's next monthly referral fee payment. NO SPAM! Top Sales Positions reserves the right to terminate your account and withhold all referral fees due if we find any kind of unsolicited e-mail containing ANY reference to Top Sales Positions, our Web site, or any connection that leads the recipient of said mail to our Web site. These practices will NOT be tolerated. Commercial advertisements are unwelcome in most Usenet discussion groups and on most mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message to a group, especially an advertisement, is considered spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Indemnification Affiliate agrees that he/she shall defend, indemnify, save and hold Top Sales Positions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Top Sales Positions, it's members, officers, and employees, that may arise or result from any service provided, performed or agreed to be performed or sold by Affiliate, it's members, employees or assigns.

Referral Links Affiliate may provide a link from a Referring Web Site to the Top Sales Positions Web Site and earn referral fees as outlined below. Affiliate may not display the Top Sales Positions name, image, or link in any way that may defame the Top Sales Positions name or brand. Affiliate may not link to Top Sales Positions from a Referring Web Site which promotes spam as described in this Agreement, sexually explicit material, violence, illegal activities such as software piracy, or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.

Service Interruption and Tracking Top Sales Positions will make every effort to ensure that its Web site is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that Top Sales Positions is not liable in any way for such interruptions.

References and Testimonials Affiliate agrees to cooperate with Top Sales Positions in the development of press releases, testimonies, and other such marketing materials. Affiliate grants Top Sales Positions unlimited rights to reference Affiliate in any and all marketing materials, without further compensation.

Term and Termination This agreement will remain in effect for as long as Top Sales Positions makes the service available, unless the agreement is terminated due to breach of its terms. Top Sales Positions and Affiliate have the right to terminate this agreement at any time by notifying the other party in writing. The final referral fee payment to Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid to Affiliate.

Agreement Modification Top Sales Positions reserves the right to change any of these terms and conditions, at any time and at its sole discretion, by posting a new agreement on the Top Sales Positions web site and notifying Affiliate via e-mail.

Governing Law This Agreement shall be governed by the laws of the State of Connecticut, and the parties agree that any claim, dispute or other difference shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at a location selected by Top Sales Positions.