Affiliate Agreement for www.audiobookfanclub.com
This agreement describes the entire terms and conditions for participation in the AudioBookFanClub.com (in partnership with Spoken Network Limited) Affiliate Program.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to AudioBookFanClub.com (Spoken Network).
Affiliate Site
Spoken Network will create a unique URL for you when you submit a complete Affiliate Enrolment Form.
Commissions
You will receive 15% of the revenue as a commission from orders placed through your Affiliate link less the charges outlined by Spoken Network in their agreement. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales which are made through qualified Affiliate links.
Payment
Spoken Network will send the applicable commissions to the applicant's paypal account within the framework of their policies. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge-backs, the amount will be deducted by Spoken Network from the next payment.
Order Fulfillment
Spoken Network will be solely responsible for processing every order placed by a customer on the Affiliate Site.
Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of AudioBookFanClub.com (Spoken Network). Accordingly, all AudioBookFanClub.com (Spoken Network) rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. AudioBookFanClub.com (Spoken Network) will always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active Affiliate link in order to qualify for commissions.
Qualifying Sites
AudioBookFanClub.com (Spoken Network) reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the AudioBookFanClub.com (Spoken Network) Affiliate Program include sites which:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- violate intellectual property rights
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Unsolicited Commercial E-mail or SPAM
AudioBookFanClub.com (Spoken Network) in no way participates in mass unsolicited emailing (i.e. spamming), or programs which include, but are not limited to auto-surf, pay-to-surf, pay-to-read, or pay-to click sites, and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the AudioBookFanClub.com (Spoken Network) Affiliate Program, with no refund. Bottom line: If you spam you are out!
Relationship of Parties
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 this statement.
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 commissions paid or payable to you under to this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. 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.
By signing up with AudioBookFanClub.com (Spoken Network), 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. | 
