This Agreement contains the complete terms and conditions
that apply to your participation in our Affiliate Program.
As used in this Agreement, “we” or “us” refers to liveorretireoverseas.com and “you” refers to you the applicant. You must be 18 years of age or older to enter into this Agreement with us.
How do I enroll in your Affiliate Program?
To begin the enrollment process you must complete an Affiliate Signup form. We reserve the right to reject applicants for any reason. For example, we may reject your application if we determine that your site is unsuitable for the Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “liveorretireoverseas.com” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is later determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time. We will not be liable to you for any costs, damages or lost profits as a result of our termination of this Agreement.
How do I link my site to liveorretireoverseas.com?
After you complete the Affiliate Signup form, you will receive an Affiliate ID and Password to login to our Affiliate Tracking system. From there you will receive access to banners and links to our sales pages. Install whichever ones you wish on your website and you’re good to go.
To permit accurate tracking and reporting the banners and links we provide you are in a special “tagged” link format. You are responsible for ensuring that each of the links between your site and our site is a Tagged Link. You agree not to modify the Tagged Links in any way.
How are customer orders processed?
We will process orders placed by customers who enter our site via Tagged Links. We reserve the right to reject any orders that do not comply with our policies or conditions at the time of the order. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and returns and handle customer service. We will track sales made to customers who purchase using Tagged Links and will make available to you reports summarizing this sales activity. The form, content, frequency and method of delivery of the reports may vary from time to time in our sole discretion.
How do I get paid?
We will pay you when visitors from your site use the Tagged Link to purchase products from us. Referral fees are calculated based on a percent of the “Net Sales” from “Qualifying Purchases” made during a “Session”. The percent is specified in referral fee schedules to be established by us.
“Net Sales” shall mean gross shipped sales from Qualifying Purchases.
“Qualifying Purchases” shall mean a purchase of a product offered on our site that meets the following criteria:
- The purchase must be completed on our site.
- The purchase must be made via a valid credit card or PayPal. No phone or mail orders.
- The purchase must be completed during a “Session” (defined below).
“Session” shall mean the period beginning upon a visitor’s entry to our site via a Tagged Link (regardless of whether the visitor leaves and then returns to the site) and ending 30 days thereafter if the visitor accepts “cookies” from our site (see explanation below).
Any Session in progress will automatically terminate upon the expiration or termination of this Agreement or upon the visitor deleting our cookie.
Note regarding “Cookies”: To keep track of the Session, we use a small text file called a “cookie” that is placed on the hard drive of the visitor’s computer. Some web browsers permit users to elect not to receive cookies. Only visitors who accept cookies can be tracked for referral fees. You understand that no referral fee can be paid for any purchase made by a visitor who does not accept “cookies” or who has deleted our “cookies” during a session.
How much do I get paid?
We will pay you 25% of all sales generated by your visitors who click our affiliate banners and links on your site and subsequently purchase products on our site. Thus, for each sale of a DVD at the price of US$29.95 you will receive US$7.49.
You are responsible for your site
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment posting and maintaining links to our site
- The accuracy and appropriateness of materials posted on your site
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters.
- Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
How long is the term of this Agreement?
The term of this Agreement will begin upon your completion of the Affiliate Signup form and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination in accordance with the notice provision of this Agreement. Upon the termination of this Agreement for any reason you will immediately cease use of, and remove from your site, all links to our site. You are only eligible to earn referral fees on Qualifying Purchases occurring during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Can this Agreement be modified?
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the program following three days after our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
What is the legal nature of our relationship?
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 anything in this Section. This is a binding contract between you and us. By completing the Affiliate Signup form you indicate your willingness to be bound by this Agreement.
Our liability to you is limited
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 referral fees paid or payable to you under this Agreement.
More “Fine Print”
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or the links or Tagged Links will be uninterrupted or error-free, or will not be re-routed or “black holed.” As a result, we might temporarily be unable to capture information regarding Tagged Links. We will not be liable for the consequences of any such interruptions or errors. The Program is intended for commercial use only. You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals or maintain affiliates on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Notices to you are effective if provided in writing to the postal addresses or electronically to the e-mail address set forth in the application or if posted on our website. Notice to us may be given in writing by emailing email@example.com.
This Agreement will be governed by the laws of the state of Missouri, USA without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Jefferson City, Missouri 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 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.