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The American Immigration Center Inc Affiliate Terms
 

American Immigration Center's Affiliate Program

» Operating Agreement


This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the American Immigration Center's Affiliate Program (AICAP). As used in this Agreement, "we" means American Immigration Center, and "you" means the applicant. "site" means a world wide web site. "fee schedule" & "referral fees" means sales commission, a predetermined percentage of the product's retail price, less fees & expenses. To begin the process of enrollment into our Affiliate Program you will need to read the following agreement and then submit the application form. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the program. Unsuitable sites include but are not limited to those that: promote sexually explicit materials promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, promotion of illegal activities or violate intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time.

Once approved, we will e-mail you the following:

1. A Unique Affiliate Number.
2. A Unique Link to place on you web site.

You need to install or upload the link or graphic banner on your server. You cannot modify scripts, graphics, HTML or any of text on any material that we provide to you. Modification of any such material will be a direct violation of copyright laws and infringement of intellectual property laws. Also it may disrupt the efficient processing of payments.

Referral Fees

We will pay you a referral fee on certain product sales to third parties. For a product sale to generate a referral fee, the customer must follow a special link (in the format specified by American Immigration Center) from your site to the American Immigration Center's order form. The customer must purchase the product using our automated ordering system; accept delivery of the product at the shipping destination; and remit full payment to us. The Program is intended for commercial use only, and you may not purchase products through the program for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement or both.

Fee Schedule

You will earn referral fees based on the sale price of products, according to fee schedules to be established by us. "Sale price" means the sale price listed on our web page. And excludes costs for shipping, handling, gift wrapping, and taxes or any other sales that are generated by the same customer. If a customer orders a product from the American Immigration Center using your web site as the referral and then chooses additional products and or services by directly contacting us, you will not earn referral fee for the additional products and or services provided to that customer. The current fee schedule is: 15% of the sale price.

Fee Payment

We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. If the customer returns a product that generated a referral fee, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee. Unless otherwise specified by you, we will link our entire product catalog; however we cannot advance commission payments on all of the products provided. Commission payments will be extended only on products produced/published in-house by American Immigration Center. Certain products sold by American Immigration Center are purchased from other vendors and hence are not eligible for referral fee or commission payments. You can select to display only the products that will generate a commission.

Policies and Pricing

Customers who buy products through this program will be deemed to be customers of American Immigration Center accordingly, all American Immigration Center's rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you already listed on your site, you may not include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Identifying yourself as an Affiliate

We will make available to you a range of graphic banners that identifies your site as a program participant. You must display this logo or the phrase "authorized affiliate of the American Immigration Center" somewhere on your site. The logo phrase or alt tag should display the following messages only.

"In association with the American Immigration Center's Affiliate Program" or

"In association with the American Immigration Center's Do-it-Yourself Immigration and Citizenship Products."

We grant you a nonexclusive, revocable right to use the icon and message described in the sentence above and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales.

Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your web 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 creating the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials) ensuring that materials posted on your site does 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. Technical aspects also include the uploading and installation of the files that will be provided to you for the purpose of this program. To be an associate you must place the American Immigration Center's banner or link on your web site. We will process product orders placed by customers who follow special links from your site to the American Immigration Center. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. 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 products using special links and Associate Identification from your site to our site.

Limited License

You may NOT modify text, links, graphics, HTML scripting, prices, icon, the messages, text scripting, product description or any of our images in any way whatsoever. Modification or alteration to any of the material we provide to you will result in direct violation of copyright and intellectual property laws and will immediately terminate this agreement. Any income or referral fees owed to you which were generated by using material which was modified will be revoked and will not be paid. If you have been found to modify any of the information, files, scripts, HTML, orders, links etc. that were provided to you, we may withhold in our own discretion any pending payment that are due to you. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. We disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. We are not affiliated with your business, product, service and information provided on your web site or conducted by you or your organization.

Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of your program application 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 written notice of termination. You are only eligible to earn referral fees on sales of products occurring during the term, and 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. 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. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOU’RE CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the American Immigration Center and “you” the “affiliate”. You will have no authority to make or accept any offers, payments 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.

Limitation of Liability

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.

Information and Updates

The links off the Product Description Pages are kept on our server and will be updated as we see fit. We can not guarantee information provided by us to be updated and accurate at all times. Errors and emissions may occur. You cannot update information on any of the material provided to you.

Disclaimers

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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. The American Immigration Center will not be held liable or accept any type of responsibility for information provided in our web site and our products. The American Immigration Center does not provide legal advice and is not an official government agency. We are a private cooperation. All information, products and correspondence are taken at the customer's own risk. American Immigration Center's disclaimers found on our web page and in our do-it-yourself packages apply to this agreement.

Independent Investigation

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 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. WE DO NOT HAVE TO EXPLAIN ANY TYPE OF BUSINESS DECISIONS AND OR VENTURES THAT WE DECIDE TO PARTICIPATE IN. YOU UNDERSTAND THAT YOU ARE A RESELLER OF A PRODUCT ONLY.

Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Nevada, 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 Clark Country, NV, USA 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 your strict 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

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