 |

Thank you for
your interest in the NuShield affiliate program. Please read the
following agreement and indicate your acceptance by clicking on
the "I have read the affiliate agreement, and I accept the
terms" on the signup form. Then click "Proceed" on
the affiliate application.
NuShield
Affiliate Agreement
1. ENROLLMENT IN THE PROGRAM
All
affiliate applications are subject to review. Acceptance into the
NuShield affiliate program is granted at the sole discretion of
NuShield, Inc. NuShield affiliates may be based anywhere, but will
be paid by check in US dollars drawn on a US bank. Prohibited sites
and messages include but are not limited to those that promote or
engage in illegal activities, violence, hate, explicit content,
or discrimination based on race, gender, religion, nationality,
disability, sexual orientation, or age. Affiliates who violate these
policies will be terminated from the program and will forfeit any
accrued commissions.
2. NATURE
OF THE AFFILIATE RELATIONSHIP
Under
this affiliate agreement, the affiliate will promote NuShield
or co-marketed NuShield products by referring customers via
links to the NuShield.com web site. In exchange for this effort,
NuShield, Inc. will pay the affiliate a referral fee for sales that
result from the affiliate link. NuShield affiliates are independent
contractors of NuShield, Inc. The affiliate relationship does not
create a partnership, joint venture, agency, franchise, or employment
relationship between the affiliate and NuShield, Inc. The affiliate
will have no authority to make or accept any offers or representations
on the behalf of NuShield, Inc.
3. RESPONSIBILITIES
Under
this affiliate agreement, NuShield, Inc. is responsible for the
processing and fulfillment of all customer orders received on the
NuShield.com web site. The affiliate is responsible for selecting
and implementing properly formatted affiliate links. If the affiliate
chooses to place the affiliate links on a web site, the affiliate
is solely responsible for the development, operation, and maintenance
of the affiliate web site and for all materials that appear on the
affiliate web site. NuShield, Inc. disclaims all liability resulting
from the affiliate's use of affiliate links. The affiliate will
indemnify and hold NuShield, Inc. harmless from all claims, damages,
and expenses (including, without limitation, attorneys' fees) relating
to the development, operation, maintenance, and contents of the
affiliate web site.
Affiliates acknowledge
and agree that their web site information (name, URL, etc.) may
be utilized by NuShield, Inc. Possible uses include but are not
limited to lists of affiliate sites, featured affiliates, etc. Members
agree to allow NuShield, Inc. to publish screen shots of any web
site that contains an affiliate link to NuShield.com.
Affiliates may
develop their own text links and promotional materials for NuShield
products and hereby agree that NuShield, Inc. may make any such
promotional materials available for use by other affiliates, either
in their original form or as modified by NuShield, Inc. Furthermore,
other affiliates who use such material have the right to modify
the material themselves without reference to the affiliate member
who created it. Affiliates may develop and implement NuShield promotional
materials without prior review by NuShield, Inc., but must immediately
cease from using any such material if NuShield, Inc. notifies the
member that it disapproves of the material.
4. ANTI-SPAM
POLICY
NuShield affiliates may earn referral fees by promoting NuShield
products in opt-in newsletters and personal e-mail messages. The
promotion of NuShield products in electronic mail messages sent
to recipients whom the affiliate does not personally know is not
permitted unless the recipients specifically have opted-in to receive
such messages. Prohibited messages include but are not limited to
"spam" e-mail messages, newsletters sent to a group in
which some or all of the recipients have not specifically requested
to receive the newsletter, and newsgroup postings, chat group postings,
and "listserv" postings that deviate from the topic of
discussion or that generate multiple complaints. Affiliates who
are found to have violated this anti-spam policy will be terminated
from the program and will forfeit any accrued commissions.
5. REFERRAL
FEES
NuShield,
Inc. will pay affiliates a negotiated referral fee on orders that are generated
as a result of a customer's arrival at the NuShield.com web site
using an affiliate link containing the affiliate's ID number, as
determined by the Interneka affiliate tracking system. Shipping
and handling charges and sales tax are excluded from the sales total
used to determine referral fees. Referral fees are not paid on customer
returns; the affiliate's account will be adjusted for all returns.
If a return occurs after payment of the corresponding referral fee,
the amount will be deducted from the next payment. If there is no
subsequent payment from which to deduct it, the affiliate will be
billed for the balance. NuShield will also pay a $20 finders fee
for any affiliates your web site brings into this program. This fee will be
paid only after the new affiliate generates at least two sales from their web site.
A 2% "2nd tier" referral fee will also be paid to you for any
sales generated by affliates who join as a result of a referral
from your web site. This is in addition to the fee you will
be earning from sales resulting from direct referrals from your
web site. The referral fee and finder fee rates are subject to change
upon notice provided via updates to this agreement.
To receive credit,
the affiliate is responsible for ensuring that the links are properly
implemented with the affiliate's ID number properly formatted in
the link.
6. PAYMENT
Payment
checks are issued on the 28th of each month for sales referred during
the previous month. If the payment date falls on a weekend or a
holiday, the payment check will be mailed on the next business day
after the 28th. The payment currency is U.S. dollars. If the affiliate
has accrued less than $30 in earnings, a check will not be issued
that month and the earnings will be carried over to the next month.
Payment checks
are mailed to the address provided on the affiliate application.
It is the responsibility of the affiliate to keep this information
up to date.
7. PROGRAM
DURATION
This
affiliate program will continue until further notice. NuShield,
Inc. reserves the right to discontinue this program at any time
without advance notice. In the case of program discontinuation,
affiliates will be paid all accrued referral fees earned up to the
date of program discontinuation, according to the normal payment
schedule, even if the amount is less than $30.
8. INACTIVE
ACCOUNTS
Accounts
that have not referred a sale for at least three months may be closed
at the discretion of NuShield, Inc. If NuShield, Inc. closes an
affiliate's account, any accrued referral fees will be paid according
to the normal payment schedule even if the amount is less than $30.
If NuShield, Inc. initiates the closing of an affiliate account
for reason of inactivity, the affiliate must wait at least six months
before becoming eligible to reapply to the program.
9. WITHDRAWAL
FROM THE PROGRAM
Any
affiliate may withdraw from the program at any time. If the accrued
referral fees are $30 or more, the affiliate will be paid according
to the normal payment schedule. If the accrued referral fees are
less than $30, a $5.00 processing fee will be deducted from the
payment, and if the resulting payment is zero or less after this
deduction, the account balance will be set to zero and no payment
will be issued. Affiliates who withdraw from the program will not
be eligible to reapply to the program until six months after the
date of withdrawal, unless specifically invited to reapply by NuShield,
Inc.
10. LIMITED
LICENSE
NuShield,
Inc. grants the affiliate a non-exclusive, non-transferable, non-sublicensable,
revocable right to use the NuShield affiliate images solely for
the purpose of participating in the NuShield affiliate program.
The affiliate may not modify the images in any way. NuShield, Inc.
reserves all rights for its images, trade names, trademarks, and
all other intellectual property rights, and may revoke the affiliate
license at any time by providing written notice.
Except as provided
in this affiliate agreement, the affiliate agrees that it has no
rights, title or interest in or to the intellectual property of
NuShield, Inc, and agrees not to apply for registration of any of
the intellectual property anywhere around the world. The affiliate
agrees that it will not engage, participate or otherwise become
involved in any activity or course of action that diminishes and/or
tarnishes the image or reputation of any trademark of NuShield,
Inc.
11. INDEPENDENT
INVESTIGATION
The
affiliate acknowledges that it has read this agreement and agrees
to all of its terms and conditions. The affiliate understands that
NuShield, Inc. may at any time solicit customer referrals on terms
that may differ from those contained in this agreement. The affiliate
has independently evaluated the desirability of participating in
this affiliate program and is not relying on any representation,
guarantee, or statement other than as set forth in this agreement.
12. MODIFICATION
NuShield,
Inc. may modify any of the terms and conditions contained in this
Agreement, at any time and in its sole discretion, by posting a
change notice or a new agreement on the NuShield.com web site. Modifications
may include but are not limited to changes in scope of the referral
fees, rates of the referral fees, payment procedures, and affiliate
program rules. The affiliate's continued participation in the affiliate
program following the posting notice of any changes in these terms
and conditions will constitute a binding acceptance by the affiliate
of such rules, changes, or modifications. IF ANY MODIFICATION IS
UNACCEPTABLE TO THE AFFILIATE, THE ONLY RECOURSE AVAILABLE TO THE
AFFILIATE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON THE NUSHIELD.COM SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
13. MISCELLANEOUS
This
affiliate agreement will be governed by the laws of the United States
and the State of Pennsylvania. You may not assign this agreement,
by operation of law or otherwise, without our prior written consent.
Any dispute relating in any way to this agreement shall be submitted
to confidential arbitration in the State of Pennsylvania. Arbitration
under this agreement shall be conducted under the rules then prevailing
of the American Arbitration Association.
14. ACCEPTANCE OF THE TERMS OF THIS AGREEMENT
To
indicate your acceptance of the terms of this agreement, please
click the check box on the sign up form and click "Proceed"
to complete your application. If you do not agree with these terms,
you will be unable to join the NuShield affiliate program.
|