The following are terms and conditions for participating in the Seloc Publishing Affiliate Program. "Affiliate" refers to you, and "Seloc" refers to the Seloc Publishing, West Chester Pennsylvania, USA.
Violations of any of the provisions of this agreement may result in the suspension or termination of your Affiliate account including forfeiture of future commissions. Seloc also reserves the right to take legal action against any Affiliate found violating the provisions in this agreement.
Seloc reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.
- Affiliate agrees that a Seloc Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Seloc. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Seloc.
- Affiliate must be of the age of majority in his/her state or country.
- All Affiliate applications are subject to approval by Seloc.
- Affiliate agrees to receive Seloc e-mail, including but not restricted to sales reports, training, newsletters, and account notifications.
- Affiliate agrees to the Seloc Compensation Plan and Seloc products and services as set forth at the official Seloc Website. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official Seloc Website. Affiliate further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
- Affiliate agrees not to disparage Seloc, other Seloc Affiliates, Seloc products, the Seloc compensation plan, Seloc employees, or Seloc Independent Contractors. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. All complaints or concerns should be directed toward Seloc corporate offices in West Chester, PA.
- Affiliate agrees that registering new affiliates through automated machine entry, manual entry, or advancing your affiliates' ranks without their approval is strictly forbidden and is grounds for suspension or termination of your account.
Affiliate agrees to not utilize SPAM in promoting Seloc. Seloc maintains a ZERO tolerance policy towards the sending of SPAM, including, but not limited to, unsolicited commercial E-mail (UCE). This action may result in the immediate suspension or termination of Affiliate account with a cancellation of and possible forfeiture of any pending commissions. Affiliate will also be in violation of the Seloc Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Seloc.
- For the purpose of this agreement SPAM is defined as e-mailing, faxing, or telephoning ANYONE, in bulk or individually, in violation of all anti-spamming and applicable laws or regulations for the country, state, county, and city where the intended recipient resides. The Affiliate is under obligation to research and comply with all laws concerning unsolicited commercial e-mail. Under United States law, it is unlawful "to use any telephone, facsmile machine, computer, or other device to send an unsolicited advertisement. Electronic mail advertisement means any e-mail message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient." (CAN-SPAM Act of 2003).
Seloc further defines SPAM as contacting anyone, in bulk or individually, about Seloc, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this rule are:
Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf AND you do not use a Seloc-provided Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
IMPORTANT: As it relates to Affiliate use of appropriate opt-in mailing lists as described above, Affiliate understands and acknowledges that it is illegal to forge headers on e-mails and it is illegal to neglect to include a valid functional unsubscribe link along with a valid mailing address in any e-mails sent out. Any Affiliate found forging headers or not including a valid functional unsubscribe link will be immediately and permanently terminated from Seloc. Further, this action may result in the immediate suspension or termination of Affiliate account with a cancellation of and possible forfeiture of any pending commissions. Affiliate will also be in violation of the Seloc Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Seloc.
- You may include information on Seloc in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.
- Seloc also considers ANY type of advertisement about Seloc that is posted unsolicited on online venues (e.g. newsgroups, chat rooms, etc.) to be spam.
- Affiliate agrees to provide Seloc with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.
- Affiliate is SOLELY responsible for e-mail sent by Affiliate using Affiliate's own, non-Seloc e-mail system. Seloc requires all Affiliates to permanently remove anyone who complains or requests to be removed from the Affiliate's mailing list or address book. If Seloc receives a complaint from the same e-mail address as a previous complaint from an e-mail that was sent more than a week after the original complaint was filed, Seloc reserves the right to terminate the offending Affiliate.
- Affiliate is SOLELY responsible for adherence to all provisions in this agreement with respect to e-mail content sent by Affiliate using Seloc's Affiliate mailing system.
- Affiliate agrees and accepts the current Seloc Compensation Plan in its entirety. Seloc further reserves the right to alter, change, and/or update portions of the Seloc compensation plan or the Seloc compensation plan in its entirety for any reason at any time without prior notice.
- Although the Seloc Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by company check and sent out quarterly on or about the 10th of the month following the previous quarter's sales. If a sale is canceled and/or refunded in period after a quarter, the related commission will be deducted from the next quarter's payment. At Seloc's discretion, the minimum commission check issued will be no less $15; otherwise said commission will be added to following quarter's commissions. Some exceptions may apply.
- Affiliate is strictly prohibited from soliciting Seloc affiliates for other business opportunities. Although Seloc takes no issue with affiliates being involved with other business opportunities outside of Seloc, affiliates may not use any Seloc communication program or tool (i.e., a2a, Team Mail features of the Genealogy, etc.) to promote these other business opportunities or for-profit endeavors to other affiliates.
- Affiliate will be issued an "Affiliate Link," a unique URL which allows Seloc to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked via this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link.
- When promoting Seloc, its products and/or services, business opportunity, and products, services, and/or opportunities of its subsidiaries in print, digitally, or online, affiliates must use only official text ads, banners, and other approved advertisements containing links to the Affiliate's assigned unique URL. Redirect URLs are permitted to be used in online, digital, and printed advertisements, so long as those redirect URLs go directly to the Affiliate's unique URL assigned to him/her by Seloc.
- Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.
- Seloc is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
- Seloc will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Seloc is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this ability.
- To protect Seloc customer privacy, if deemed necessary, Seloc reserves the right to withhold identifying customer contact information from Affiliate.
- Seloc reserves all rights in or to its trademarks and service marks. But, said marks may be used by Affiliate in accordance with this agreement and Seloc's approval. Affiliate may in no way display a Seloc logo, image, or trademark which may be distasteful to, defame, or misrepresent Seloc.
- Affiliate shall follow Seloc advertising guidelines and agrees not to misrepresent Seloc products or services. Affiliate agrees to use only Seloc-approved ads.
- Affiliate understands that prohibited sites for advertising Seloc products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.
- Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of Seloc. Upon request, Seloc will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's Seloc business.
- Seloc shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this Agreement or program, even if Seloc has been advised of the possibility of such damages. Seloc aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Seloc under this agreement.
- Affiliate agrees not to present others' creative works-in full or in part-as his or her own nor engage in violation of copyright agreements for any reason. Such violations will result in suspension or termination of membership.
- Seloc makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
- Both Seloc and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. Payment of the final commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
- In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
- Transferability of Seloc Affiliateship: In the event of an Affiliate's death, Seloc will continue sending commissions in the method that's been selected on the affiliate's account. For example, if the affiliate had chosen to have his or her commission mailed by check, the affiliate's surviving spouse or other representative must ensure they have the legal right to cash a check made out to the name on the Seloc account. However, surviving spouses and representatives can also log onto the affiliate's account and make the necessary adjustments to the account name and information. IMPORTANT: surviving spouses and representatives must have account login information. Seloc will not provide that information.
- This agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.
Seloc hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to Seloc. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by Seloc.
Seloc obligations and your remedies hereunder are solely and exclusively as described and limited herein. Seloc's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall Seloc be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.
Seloc's display of any products, goods, or services offered by or originating from a party other than Seloc are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by Seloc. Any ultimate purchase of any product, good, or service from Seloc is made subject to the law of the State of Pennsylvania, which substantive law shall control the relationship of the parties.
Any controversy, dispute or claim between Seloc and any other party arising out of/or involving any Seloc business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
The arbitrator shall apply Pennsylvania substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Philadelphia, Pennsylvania.
The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the State of Pennsylvania, County of Chester.
The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Pennsylvania. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.