Terms of Service

To be an authorised affiliate of www.rpemery.com you must agree to abide by the terms and conditions contained in this agreement. By filling out the registration form you acknowledge that you have read the terms and conditions, understand, and agree with them.

This agreement contains the complete terms and conditions between RP Emery and Associates and you, the applicant, regarding your application to participate in the RP Emery And Associates Affiliate Program (the "Affiliate Program").

Upon our acceptance of your application and execution of this agreement by you, or a duly authorised representative of yours, this will be a legally binding agreement between you and RP Emery And Associates.

1. Joining Affiliate Program. To apply for participation in the Affiliate Program, You must properly complete an Affiliate Program application and submit the Application to Us via our web site. We will review the Application and notify You of our decision whether to accept the Application or reject it. We reserve the right to accept or reject the Application at our sole discretion.

An application will be automatically rejected if it is submitted from an entity that has a web site that violates intellectual property rights or contains or promotes any of the following:

Discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Sexually explicit materials Violence Unlawful activities If, at a later time after the Application is accepted, your web site is found to have any of the above characteristics, we reserve the right, at our sole discretion, to terminate this agreement.

2. Links to Our Web Site. After we have approved your application, You may use graphic and text links both on your web site and in emails to rpemery.com We will provide You with instructions and a Unique Affiliate Link (UAL) designed for accurate tracking and reporting for all links between your site and rpemery.com and You will be solely responsible for properly utilising your Unique Affiliate Link (UAL).

3. Affiliate Tracking. When someone clicks through your UAL a cookie will be set in their browser with your affiliate ID and their IP address . During that visit to our web site or any later visit, when a purchase is made the commission will be given based on the existence of the cookie or a match of the IP address in the database.

We will process orders that are placed on our site by customers who follow the UAL directly from your site to rpemery.com (the "Referred Orders"), and will record those orders as being associated with a referral through your UAL from your site. As our affiliate, you will have your own control panel where you can see detailed statistics of traffic and sales you referred.

4. Payment of Affiliate Commissions. You will be paid Affiliate Commissions for every RP Emery and Associates product purchased through the rpemery.com online merchant facility, direct deposit ,cheque or money orders. This referral commission will be 25% of the final purchase price. All commission payments are made through PayPal or cheque unless special arrangements are made for affiliates who do not have access to these services.

It is your responsibility to keep your PayPal email account in your affiliate profile up to date. Failure to do so may result in commissions not being received. We are not responsible for resending lost or missing payments past ninety (90) days.

Orders are not eligible for commissions until thirty (30) days after the order is fulfilled and are paid at the end of the next month after the order was placed. For example, if an order is placed between July 1 and July 31, it will contribute to your July earnings and be included in the first payment after the end of August. This is to ensure orders have time to pass through the entire fraud review process and to allow time for any charge backs to occur. Payments are made once a month, usually within the first week of the calendar month.

5. Payment Threshold. Commissions are paid from your affiliate account into your nominated PayPal or check account within the time frame specified in Payment of Affiliate Commissions after they reach our minimum payment threshold (AU$100). The threshold is set at this level to discourage rogue affiliates from joining our program and to allow time for any charge backs to occur.

6. Charge-Backs. Commissions are only paid on orders that are paid in full and not refunded. If a transaction incurs a charge back, it will not count towards affiliate commissions. If commissions have already been paid on a charge back, that amount will be deducted from future payments or will be repayable and will become a debt due by you.

7. Customers. All customers who purchase product from us under the Affiliate Program shall be deemed customers of RP Emery and Associates. Accordingly, those customers and their transactions with us shall be governed by all the policies, terms and conditions that customers of RP Emery and Associates are subject to.

8. Revocation Of Affiliate Status. Your affiliate application and status in the program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (False claims, misleading hyperlinks), Spamming (mass email, mass newsgroup posting, etc...), Advertising on sites containing/promoting illegal activities, Violation of intellectual property rights (copying RP Emery and Associates copyright material).

9. Term. The "Term" of this agreement will begin upon our acceptance of your affiliate program application and will end on the date this agreement is terminated by either party. Either You or we may terminate this agreement at any time, with or without cause, for any reason whatsoever, by giving the other party two days' written notice of termination.

Upon the termination of this agreement for any reason, You will immediately cease use of, and remove from your site, all Unique Affiliate Links and Copyright Materials and any other names, marks, symbols, logos, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licensed or created by RP Emery and Associates and/or provided by or on behalf of RP Emery and Associates to You pursuant to this agreement or in connection with the Program.

You will not receive any commissions on product sales occurring following the end of the Term, and commissions earned through the end of the Term will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

10. Indemnification . You agree to indemnify RP Emery and Associates against all costs claims and expense arising directly or indirectly from:

a) any claim representation or warranty made by you in connection with us or our products; or

b) your failure to comply with the law of any country; or

c) the posting by you of any content on Your Site; or

d) the sending by you of any messages from your site which are of an objectionable nature whether or not you define them as 'spam'; or

e) any use of Your Site for a purpose forbidden by this agreement;

11. Liability. We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our web site. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our web site will be error-free and we will not be liable for any loss of data, site interruptions or errors.

As an affiliate, you warrant that you are acting as an independent party and as such are responsible for your own taxes and any other liabilities. You agree that you are not authorised to act on our behalf other than marketing our products and services as an independent party for a commission.

12. Modification. The terms of this agreement may be modified by us at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.

13. Independent Contractors. We are independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, fiduciary, franchise, sales representative, employment, or other similar relationship.

14. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws of the State of New South Wales, Australia.

15. Waiver. Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement

16. Independent Investigation. You acknowledge that you have read this agreement, have had an opportunity to consult with your own legal advisers if you so desired, and agree to all the terms and conditions set forth herein. You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory. 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.

17. Entire Agreement. This Agreement represents the complete agreement and understanding between the parties and supersedes any other oral or written communications or understandings between the parties regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon us unless agreed to by an authorised representative of us.

18. Severance. If any provision of this agreement is determined to be illegal, invalid, void or voidable the legality or validity of the remainder of this agreement shall continue in full force and effect and shall in no way be impaired, or invalidated.

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