APEC Affiliate Agreement

 

Please read the agreement document below before registering.

I accept these terms and wish to register.

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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 occurring during the term. We recommend that affiliates refer customers from their own websites. We do not accept links from PPC (Pay Per Click) campaigns and any referrals from such links will not be credited.

2) Referral Commissions and Payments Procedures: The amount of referral commissions due to affiliates will be as follows: For a sale, which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee of 12% of the selling price of the product sold. Please note that commission will exclude tax and shipping charges.

A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse APEC in full for any such commissions. Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated commissions of at least $25 for a given payment period before a check will be issued. If commissions are less than $25 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $25.

3)Payment Schedule: APEC will pay Affiliate thirty days (30) after the end of each calendar month for all commissions earned during the prior month, (for example, if you made a commission on Feb. 15, we will send out your check on March 30) less any amount APEC determines, in its sole discretion, was not validly earned from proper use of the links on affiliate's web site.

4) Modification: 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 this site. Modifications may include, for example, changes in the scope of available referral fees, 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 OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

5) 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 to this Agreement.

6) 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.

7) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of California, 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 Los Angeles, California, 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 be 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.

I accept these terms and wish to register.