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LEAN BUSINESS CLUB
AFFILIATE AGREEMENT

Please Read The Terms And Conditions Of The Affiliate Agreement.

TERMS AND CONDITIONS

This Affiliate Agreement ("the Agreement") is made between Lean Business Club, Inc., at 1223 Wilshire Blvd. #172, Santa Monica, CA 90403, USA, (hereinafter referred to as “LBC”) and you, as our Affiliate.

1. Agreement Acceptance
2. Affiliate Relationship
3. Affiliate Link
4. Pay-Per-Sale
5. Commission Rate
6. Commission Tracking
7. Charge-Back
8. Payments
9. Changes To The Program
10. Registration
11. Termination
12. Limitation Of Liability
13. Ownership And Licenses
14. Force Majeure
15. Assignability
16. Severability
17. Agreement To Arbitrate
18. Jurisdiction
19. Term And Termination
20. Independent Investigation
21. Sole Agreement

1. AGREEMENT ACCEPTANCE

AGREEMENT ACCEPTANCE

You agree to adhere to the terms and conditions outlined in this agreement. By clicking on the "I accept" button on the Affiliate Application Form you indicate your unconditional acceptance of this Agreement. You will be authorized to become our Affiliate and use various information, graphics, links, and utilities, provided by LBC, on your website only upon your acceptance of this Agreement.

2. AFFILIATE RELATIONSHIP

AFFILIATE RELATIONSHIP

LBC agrees to compensate you, the Affiliate, with a one-time commission, based on the current commission rate, as outlined below, when someone makes a purchase of a product, provided by LBC as a result of clicking on the Affiliate Link on your website, and in accordance with the provisions in this Agreement. For the purpose of this Agreement you and LBC are deemed to be independent contractors. This Agreement does not provide for the creation of any partnership, franchise, joint venture, sales representation, agency, or employment relationship between the parties. This Agreement does not provide you with any authority to make or accept any offers or representations on behalf of LBC, nor to make any statements, whether on your site or otherwise, that would reasonably contradict anything in this Agreement.

3. AFFILIATE LINK

AFFILIATE LINK

Affiliate Link is a hyperlink to the LBC website that is copied from our individual password-protected Affiliate Administration area on our site at www.LeanBusinessClub.com and pasted on your site. This hyperlink is presented in a form of a special HTML code. It will be your responsibility to ensure that this HTML code is not changed in any way, because such a change may cause an improper functioning of the tracking function. LBC, therefore, will not be responsible for any error in crediting you with a sale and commission payment, if this HTML code is altered by you in any way after copying it from our website.

4. PAY-PER-SALE

PAY-PER-SALE

Our Affiliate Program is designed to initiate the commission payment to you, the Affiliate, only after a visitor from your website has purchased a product from LBC online through an Affiliate Link on your website. Such a purchase, however, must be made within the first six months period from the date of the initial visit by the visitor from your website in order for you to be eligible for the commission. Otherwise, you will not be eligible for a commission payment by LBC. If a visitor passes through Affiliate Links from two or more different Affiliates before making a purchase of our products, then the commission will be paid by LBC to the Affiliate whose Affiliate Link was used last.

5.COMMISSION RATE

COMMISSION RATE

The commission per sale is currently 10% (ten percent) of the sales amount (not including any shipping charges and taxes) to the primary affiliate. Commissions will be paid on sales of products developed by LBC only. The commission rates may be changed or discontinued at any time with a thirty-day notification as provided herein.

6. COMMISSION TRACKING

COMMISSION TRACKING

LBC is using a special Affiliate Management Program designed to track the purchases of its products through Affiliate Links placed on the Affiliate's websites. This tracking procedure is accomplished by placing a cookie with your Affiliate ID in your visitor's browser, when your visitor is clicking on the Affiliate Link on your site. In addition, your visitor's IP address will be logged with your Affiliate ID. When your visitor makes the initial visit to our website, or when a purchase is made during the six months period from the date of the first visit, our Affiliate Management Program will initiate the commission payment to you, based on the existence of the cookie or a match of the IP address in the database. You agree to unconditionally accept the sales tracking performed by the Affiliate Management Program selected and used by LBC.

7. CHARGE-BACK

CHARGE-BACK

LBC reserves the right to reverse any commission payment allocated or made to you, the Affiliate, if the purchaser makes a duplicate entry, later returns a product, enters through a non-qualified link, makes an unauthorized payment, or does not make full payment to LBC.

8. PAYMENTS

PAYMENTS

LBC will issue payments of all commissions due to you, the Affiliate, by check in US funds at the end of any month that your accumulated commission totals US $100 or more. You, the Affiliate, will not be eligible to earn a commission on your own original purchase of any LBC products. All United States Affiliates, namely: individual, resident, corporation or business, must provide LBC with a completed W-9 Federal Tax form before LBC will issue a check to the Affiliate. LBC agrees to issue a 1099 to Affiliates only if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax law (currently US $600, 01/01/2014).

9. CHANGES TO THE PROGRAM

CHANGES TO THE PROGRAM

LBC reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In this case LBC will notify you, the Affiliate, of such changes either by an e-mail or by posting an Affiliate Program Change Notice in the Affiliate Area of our website. Upon such time you may either agree to such changes or withdraw from the Affiliate Program.

10. REGISTRATION

REGISTRATION

LBC requires that you, the Affiliate, should be at least 18 (eighteen) years old in order to be eligible to sign up with our Affiliate Program.

11. TERMINATION

TERMINATION

LBC RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS AN AFFILIATE. THE FOLLOWING TYPES OF SITES ARE NOT ACCEPTED TO PARTICIPATE AS AFFILIATES: SITES THAT PROMOTE ILLEGAL ACTIVITY, ADULT SITES, SITES WHICH DISPLAY ADULT BANNERS, AND SITES THAT PROMOTE VIOLENCE, HATRED, OR BIGOTRY.

12. LIMITATION OF LIABILITY

LIMITATION OF LIABILITY

LBC DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF THE LBC WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL LBC BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF LBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. OWNERSHIP AND LICENSES

OWNERSHIP AND LICENSES

LBC grants a non-exclusive, limited, revocable right to you, the Affiliate, to use LBC trademarks and banners. All images, programs, HTML code, and content provided by LBC shall remain the sole property of LBC, and no part shall be deemed assigned or licensed to the Affiliate, unless explicitly provided for in this Agreement. All intellectual property rights, including trademarks, copyrights, trade names, and service marks shall remain the sole property of LBC, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of the images, provided by LBC in any way.

14. FORCE MAJEURE

FORCE MAJEURE

Neither LBC nor you, the Affiliate, shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, riots, insurrection, fires, flood, storm, earthquakes, explosions, war, acts of God, governmental action, labor conditions, shortages, or any other cause which is beyond the reasonable control of LBC or the Affiliate.

15. ASSIGNABILITY

ASSIGNABILITY

This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.

LBC may assign this Agreement to any successor it deem to select at any time.

16. SEVERABILITY

SEVERABILITY

In the event that any term, condition, or other provision of this Agreement is held to be invalid or for any reason unenforceable by any court of competent jurisdiction, such term, condition, or other provision shall be deemed severable from the remainder of this Agreement, and shall in no way effect any other term, condition, or provision herein. If such term, condition or provision shall be deemed invalid due to its scope or breadth, it shall be deemed valid to the extent of the scope or breadth permitted by law.

17. AGREEMENT TO ARBITRATE

AGREEMENT TO ARBITRATE

LBC and you, the Affiliate, hereby irrevocably agree that by entering into this Affiliation Agreement, both parties give up their constitutional rights in case of any dispute whatsoever, to have such a dispute decided in a Court of Law before a jury, and instead accepting the use of arbitration.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

18. JURISDICTION

JURISDICTION

Regardless of the place of executing this Agreement, you, the Affiliate, agree that for the purpose of the venue, this Agreement was entered into in Los Angeles, California, USA, and any dispute will be arbitrated in Los Angeles, California by an arbitrator, selected by the California Arbitration Association. This Agreement shall be governed by California Law.

19. TERM AND TERMINATION

TERM AND TERMINATION

This agreement will remain in effect until terminated by either party. The Agreement may be terminated by LBC or by you, the Affiliate, for any reason whatsoever upon giving thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use LBC banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the LBC site.

20. INDEPENDENT INVESTIGATION

INDEPENDENT INVESTIGATION

IT IS HEREBY ACKNOWLEDGED THAT YOU, THE AFFILIATE, HAVE READ THIS AGREEMENT AND AGREED TO ALL OF ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT LBC CONDUCTS BUSINESS ONLINE AND PROVIDES VARIOUS PRODUCTS AND SERVICES, WHICH MAY OR MAY NOT BE IN DIRECT COMPETITION WITH YOUR OWN PRODUCTS AND/OR SERVICES. LBC IS CONTINUOUSLY SEEKING FOR ADDITIONAL OUTLETS TO MARKET ITS PRODUCTS AND SERVICES AND MAY ENTER INTO AGREEMENTS WITH OTHER ORGANIZATIONS FOR THIS PURPOSE. FINALLY, YOU CONFIRM THAT YOU HAVE INDEPENDENTLY EXAMINED THE REASONS FOR PARTICIPATING IN THIS AFFILIATE PROGRAM AND YOU DID NOT RELY ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT MADE HEREIN.

21. SOLE AGREEMENT

SOLE AGREEMENT

This Agreement constitutes the sole agreement between LBC and you, the Affiliate, regarding the Affiliate Program.

Please go to Affiliate Application Form to complete your application.

 

LESSON FOR TODAY:
Affiliate Agreements Are Only As Good As The Affiliates Who Sign Them!