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Member Referral Program
Terms & Conditions
Please read
the terms & conditions document below before registering.
If you accept these terms & conditions, start the
process by completing the sign up form. Click on the "I accept terms and wish to register / sign up" link to complete sign up form.
I
accept these terms and wish to register / sign up.
- Term of the Agreements: The term
of this Agreement will begin upon our acceptance of your application and will
end when terminated by either party. Either you or we may terminate this Agreement at any
time, with or without cause. All applications will be reviewed for acceptance. Some of the criteria we will use in rejecting
applications include; promoting violence, illegal or even borderline-illegal activities,
copyright violations, a referral that does not allow us to properly view the link location
or websites that we just do not want to be associated with.
Now Showing Studios will not allow any applicant to sign up under themselves as a sub-associate under their own assigned referral number.
Now Showing Studios will be closely monitoring this activity and consequently will
terminate any applicant from the program and all current or future commissions payments owed
will be ceased and forfeited by the applicant.
We expect to approve most applications.
All trademarks, trade names
and patents are
the sole ownership of Now Showing Studios or our advertisers and you are granted the right
only to promote and market our company products and services for the purpose of
generating sales.
Upon Termination of this agreement, the
former member referral partner must remove all Now Showing Studios associated links and graphics
from its web site, the Internet in general or any other location it may have been
displayed.
You are only eligible to earn referral fees
on sales occurring during the term.
- 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.
- 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 website. You have independently evaluated
the desirability of participating in the program and are not relying on any
representation, guarantee or statement, other then as set forth in this agreement.
- Order Processing:
Now Showing Studios will be solely responsible for processing all orders placed by customers
utilizing a secure ordering process. This includes shipping, cancellations, returns,
payments and miscellaneous customer service in relation to offered products in our store.
Qualifying or offered products under the ARP include all products listed which and promoted throughout
the website. Some banner advertisements from other companies will be excluded from the
program.
- Commissions: Commissions are broken down into to two different types.
A. Now Showing Studios pays 5 percent for every paid film view and other product sales other than as specified in #4 above.
B. Now Showing Studios pays1percent for 2nd tier referral sales.
- Money: The following
terms and conditions are stated to allow us to maintain a quality member referral program.
-
The member referral commission is five (5) percent of the product value (after any discounts and before shipping or taxes if
applicable) that the person you referred spent on-line at our website after initially
following a link to our site from your site.
-
Now Showing Studios agrees to inform all MRP's of any commission change by placing
notification in this agreement, in the member referral program page of this website and via
email.
-
All monies are based on US dollars.
-
You understand and agree that you are
acting as an independent contractor and as such, will be responsible for your own taxes
and any other tax liabilities that effect sales of products in accordance to your state or
country. Now Showing Studios will report commissions in accordance to all local and federal tax laws.
-
We do not write checks for less than
$50.00. If commissions do not meet or exceed $50.00 in the bi-monthly
timeframe, the monies will be carried over to the
following bi-monthly (or bi-monthly months) until a check can be written.
-
If this agreement terminates with less
than $5.00 accrued in referral payments, then no monies are do to the former referral
partner.
-
All referral commissions earned will be
paid bi-monthly and mailed via the United States Post Office or sent through
Paypal
no later then the 20th of
the following bi-monthly period.
-
We are never responsible for paying
interest to any referral partner for accrued but not yet delivered referral payments.
-
We will not make a referral payment for
any transaction for which payment has not been received in full or approved or any
transaction that has been rejected.
-
If a transaction incurs a charge back,
or if the online transaction is not complete in any way, no referral payment will be due
to the referral partner. If a payment has already been paid, then it will be deducted from
the active referral partner accrued referral payment or become due immediately from the
referral partner (or former referral partner).
6. Linking &
Tracking: All links will be provided by Now Showing Studios but it is the sole
responsibility of the referral associate to assure that the special link is formatted and placed
properly on their site, as it includes the necessary programming for tracking sales.
Now Showing Studios will be solely responsible
for tracking sales of customers who follow the special link (we provide) for all referrals. Now Showing Studios uses Assoctrac software for their affiliate
program but reserves the right to change at any time. All sales are automated and will be immediately tracked in
"real-time" by Now Showing Studios in a data base, upon completion and acceptance
of the order. The referral associate has the ability to view sales and commissions at their
leisure.
Now Showing Studios will provide a
bi-monthly
statement of sales and commission activities by email to every referral associate at the email address they
provided at the time of sign up. All referral associates are responsible for
maintaining and assuring accurate their account information.
Links can be added or removed at any time
by the referral associate without prior approval from Now Showing Studios.
7. Warranty: All products sold at Now Showing Studios will contain a warranty consisting of
at least a 30-day money back guarantee. Any commissions earned by the referral associate from a returned product
will be subtracted from any current or future commissions that might be owed.
8. Performance/Testimonial: The referral associate agrees to allow Now Showing Studios to utilize its company name and or website name and or address in
promoting our member referral program in terms of referencing it in our website or in our
referral monthly statements.
9.
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
near Oceanside, 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 immediately enforce the 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.
10. Referral Log In: Referral associates can
get ALL of the below information through their very own, private 'admin'
area located at www.assoctrac.com/affiliate. A private username and password will be automatically given when
a new referral associate signs up. Important information can be obtained such as:
- The number of visitors sent to your
site.
- How many sales have been referred.
- How many sales sub-referrals have
made.
- Which products are selling the most
of.
- How much commission has been earned
from direct sales.
- How much commission has been earned
from sub-referrals sales.
- How much total money earned.
- How many sub-referrals have been
recruited.
11.
Spamming: Will result in immediate termination or cancellation of being a referral
associate in our Member Referral Program, including the cancellation of receiving all
past, current or future owed commissions. Spam is defined as any unsolicited or unwelcome
e-mail. However, the referral associate is free to promote Now Showing Studios products through
the banner provided, text link created, letter of recommendation, and or newsletters, only
to their subscribers or client base (s).
12. 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 etc. 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.
I accept these terms and wish to register / sign up.
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