This agreement describes the terms and conditions for participation in the The Entrepreneurs Pit Stop (EPS) Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the applicant. “We” and “our” refer to The Entrepreneurs Pit Stop (EPS).
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
We are independent parties and this agreement will not form any partnership. Each affiliate is an independent contractor and not an employee. Nothing herein is intended to create an employer/employee relationship.
This agreement will begin upon your acceptance of these Terms and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
COMMISSIONS & REFERRAL FEES
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location.
Commissions are paid immediately via your PayPal or Payza payment processor where applicable, or are paid by ClickBank if this processor were used for your transaction. Every product or processor works differently when using our affiliate platform, so you are advised to carefully monitor and track your sales from your member area.
We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. IF A COMMISSION HAS ALREADY BEEN PAID, THEN EACH AFFILIATE IS RESPONSIBLE TO REFUND THE REQUESTED AMOUNT PAID TO THEM BACK TO THE CUSTOMER VIA THEIR PAYPAL OR PAYZA ACCOUNT DIRECTLY.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rate listed on the website is then applied to determine the amount due the affiliate. Any sums paid for payment processor fees are not commissionable. The Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
AFFILIATE SALES & TRACKING
After signing up for the affiliate program, you will receive a unique affiliate URL for each product and for each payment processor (PayPal, Payza, ClickBank, etc.) depending on the product, your profile and site owners preferences, which you will use to advertise the products in your or our marketplace. When someone clicks through your unique affiliate URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as “affiliate link cloaking”) may or may not work with parts of the Sites. The Entrepreneurs Pit Stop allows masking or cloaking but you are responsible for verifying that your affiliate links are working properly.
The Entrepreneurs Pit Stop (EPS) reserves the right not to accept any site into its Affiliate Program based on site content. Sites that Do Not Qualify for the The Entrepreneurs Pit Stop Affiliate Program include sites that are:
X- rated and promote sexually explicit materials
Promoting violence and discord.
Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promoting illegal or questionable activities
Violating intellectual property rights
NO ADULT CONTENT
As an affiliate of The Entrepreneurs Pit Stop (EPS), on any website on which you include any reference whatsoever to The Entrepreneurs Pit Stop, its products, services, and eBooks, you may NOT include any reference whatsoever to any form of “Adult” content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for The Entrepreneurs Pit Stop, YOU shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that or The Entrepreneurs Pit Stop may incur.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
The Entrepreneurs Pit Stop does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to the The Entrepreneurs Pit Stop, or any of its partners, employees, websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of The Entrepreneurs Pit Stop, breaches this rule will have their affiliate status terminated and any outstanding commissions will be forfeited.
The Entrepreneurs Pit Stop operates with the strictest codes of professional conduct. Any affiliate who brings The Entrepreneurs Pit Stop, its owner and operator, or its employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.
TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either you or The Entrepreneurs Pit Stop terminates your affiliate status. An affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the The Entrepreneurs Pit Stop Support at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
The Entrepreneurs Pit Stop may also terminate this agreement at any time, and for any reason, by writing to the affiliate center at the email address listed in the affiliate’s Profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
RIGHTS TO MODIFY AGREEMENT
The Entrepreneurs Pit Stop may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. The affiliate’s continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this agreement is not acceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
There is no warranty or guarantee of any kind with respect to the The Entrepreneurs Pit Stop system as far as reliability, stability, quality or dependability. This means that The Entrepreneurs Pit Stop, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the The Entrepreneurs Pit Stop website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences, natural calamities, or acts of war.
The Entrepreneurs Pit Stop will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of “intents of harm” to the program, or acts of Nature or acts of War. The Entrepreneurs Pit Stop makes no claim that the operation of the websites will be error-free nor will the The Entrepreneurs Pit Stop be held liable for any interruptions or errors.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the The Entrepreneurs Pit Stop Affiliate Program.
By participating in the EPS Affiliate Program, 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.
Any rights not expressly granted herein are reserved.
I have read the terms of this agreement and I accept.