H2H Partner Agreement
This Partner Agreement ("Agreement") was created on October 28,2003.
By becoming a Heart2Heart Network Partner, you are agreeing to be bound by this Agreement including all amendments made to date. The Agreement may be modified by Heart2Heart Network ("H2H") from time to time, such modifications to be effective upon posting by H2H on the Site. If you disagree with anything in the Agreement, do not use or promote the Site or use the Partner resources provided by H2H.
This Agreement is between the Heart2Heart Network Partner Program ("H2H NETWORK PROGRAM" "we" "us "our" "H2H") and you the Partner ("you" "your") should you be accepted.
Enrollment in the Partner Program
In order to join the Heart2Heart Network Partner Program, all information you provide must be true and accurate. If, during the approval process, we discover the information you provide is inaccurate or false, you will be immediately disqualified from becoming a Heart2Heart Network Partner and will be prohibited from joining in the future. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
Unsuitable sites include those that:
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities;
- Violate intellectual property rights;
- That spam your members/email lists
- Include 'Heart2Heart Network " or "Heart2Heart Network personals" or variations of misspellings thereof in their domain names or that otherwise violate intellectual property rights.
- For any other reason deemed to be reasonable by us.
You will need to provide Heart2Heart Network personals with a username and password login combination. For all Partners, a social security number or taxpayer ID number or business registration number must be provided for payment and record keeping purposes. Once you've completed the application form online, a Partner Services Representative will review your information. If you qualify, you will be given access to the private Partner section where you'll be able to:
- Retrieve your link codes
- See your stats
- Track your commissions and payments
Privacy
To maintain your privacy, DO NOT REVEAL YOUR LOGIN AND PASSWORD INFORMATION TO ANYONE. If you share your Partner login and password with anyone we are not responsible for any changes made to your Partner account, your Partner site or any aspect of your Partner business. We reserve the right to terminate this agreement if we discover that you have shared this information with any third party in violation of this agreement.
Information We Agree to Provide
The H2H NETWORK PROGRAM agrees to provide individual access to the Private Partner section once an applicant is approved. This Private Partner section contains information about how to manage, track and increase your Partner business. H2H NETWORK PROGRAM also agrees to provide a distinct Partner ID code for each approved Partner.
Partner Payments
Members of H2H will earn commissions for promoting H2H merchants according to the individual payment schedules of each merchant as described in the merchant area of this site.
Payments, if any, will be sent to the address you indicate on your application. Payments are issued on a monthly basis, usually within 30 days after the end of each calendar month and until such time as this agreement has ended or has been terminated.
The minimum payment is $50.00. If you have not accrued at least $50.00 in commission at the end of a reporting period, your balance owing will be carried over to the next period.
Payments are calculated according to your Associate report, found in your private Associate pages. These numbers are final and may not be disputed. Member information is private and will not be shared with Partners.
Any applicable taxes required to be withheld under applicable law may be taken from your payment, however you are responsible for your own taxes and reporting.
Payments may be issued by:
- Check
- PayPal
- Wire Transfer (US accounts only)
You are required to cash payments from the Heart2Heart Network Partner program or Heart2Heart Network Group Inc within ninety (90) days of the date the check was issued.
Lost, destroyed or stolen checks must be reported to us by email within the ninety (90) day period outlined above. If any party has not cashed the check, we will reissue your payment. Any bank fees associated with reissuing payments including bank fees for stop payment on original checks will be charged to the Partner.
Fraud
If you commit fraud or falsify information in connection with the registration of members in the Heart2Heart Network of it's members through the Links on your site, this Agreement will be terminated immediately. You will also forfeit any commissions received or due for fraudulent/falsified members.
Anti-Predatory Advertising Policy
Affiliates will be removed from the Heart2Heart Network and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.
Spam
For the purposes of this agreement, Spam is defined as unsolicited mass or personal email communications. Members of the Heart2Heart Network may only solicit visitors by email if the member has been given sufficient permission by the intended recipient using generally accepted standards of opt-in mailing. Using Spam to market Heart2Heart or any of it's merchants is sufficient cause for immediate termination of this agreement.
Copyrights
This agreement gives you a limited, non-exclusive, revocable license to place selected copyrighted material on your site as provided to you in your private Partner pages for as long as you abide by this agreement and any rules we may issue from time to time about the usage of that material. This license will automatically be revoked if you are in non-compliance with this agreement. You may not except or otherwise copy any of the content on Heart2Heart Network personals or it's members' sites for your site(s) or otherwise without our prior written consent. This prohibition extends to any price list or service description.
You are solely responsible for ensuring that your Partner site and any content on your site do not infringe on any third party copyright, trademark rights or other laws. We will not take any responsibility for your actions or inaction as they pertain to your site, your content or how you elect to promote your Partner account on your Partner site so long as it is not in breach of this agreement.
Each party shall retain all right, title and interest in and to its respective trademarks, service marks and trade names worldwide ("Intellectual Property").
You are expressly prohibited from using the individual profiles of Heart2Heart Network personals members on your Partner site or anywhere else. Doing so constitutes a violation of this agreement and will result in immediate termination of your Partner account.
Prices and Availability
The prices charged for services under this program will be determined by Heart2Heart Network personals according to our own pricing policies. Prices may vary from time to time as determined in our sole discretion. You do not have the authority to make or accept any offer on behalf of Heart2Heart Network personals. We are not responsible for any representations made by you that contradict our policies.
Authority
Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between us.
Acknowledgement of Sponsorship
Where you link to Heart2Heart Network personals by any means, by text or image, you must acknowledge that the link is sponsored by Heart2Heart Network personals.
Prohibited Content
We may refuse to approve or continue your Partner account if your Partner site contains content which:
- Promotes violence;
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promotes illegal activities;
- Violates intellectual property rights;
- Has overly sexual content; or
- If you spam your members/email lists: or
- For any other reason deemed to be reasonable by us.
Service Interruptions
We will make every effort to keep our service operational. However, we can not guarantee 100% availability. You agree not to hold H2H liable for any consequence of such interruptions of service.
Terms of this Agreement
Unless ended earlier, this agreement will continue until either party notifies the other by email at the addresses provided that the agreement has ended. Commission earned and payable through to the date on which this agreement is ended, except in the case where this agreement is terminated by us for breach of terms by you in which case any accumulated monies due will be forfeited, will be paid in the normal course within three months of the agreement's end.
We reserve the right to modify this agreement, at any time, at our sole discretion, by posting a new agreement on this site. We are not required to notify you of any changes to this agreement other than posting the changes on this site therefore we suggest you check this site regularly for the most up to date terms. Your continued use of your Partner account code will be considered as acceptance of these changes.
Warranty Disclaimer
We make no warranties, representations or conditions with regard to the AP, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages
We are not liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising by or from this agreement or the AP, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising out of or with respect to this agreement or the AP shall in no event exceed the total commissions actually paid by us to you under this agreement.
Miscellaneous
This agreement may not be assigned, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. "Month" or "Monthly" shall refer to a full calendar month. "Dollar" or "$" shall refer to US Dollar. This agreement shall be governed by the laws of Canada and the Province of Ontario, irrespective of any conflict of laws.
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