Instant Rapport Live - Affiliate Program

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Terms and Conditions
	Instant Rapport Live Affiliate Agreement To Contact Us Please Email Us At: PartnerSupport@InstantRapportLive.com This Agreement contains the complete terms and conditions which you (the "Affiliate") agree to be bound to as a participant in Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc’s., affiliate program (the "Program") which shall apply once your application and required documentation to participate has been accepted. SECTION 1: INTRODUCTION 1.01 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., are the sole and exclusive owners and retain all rights, title, and interest including all intellectual property rights in and to the functionality, design, strategies, content, logos, style, design, trade names, and trademarks and all components included in InstantRapportLive.com all hereinafter referred to individually and collectively, according to context, as the "the Product". 1.02 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., intends to distribute the Product electronically using, in part, third party affiliates who will establish links to Instant Rapport Lives’ web site where the Product will be offered for sale. 1.03 If, in the future, Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., develops and distributes additional features, products, and solutions relevant to an existing offering, such products and services shall be included in the defined term "Product" as it pertains to this agreement. SECTION 2: PARTICIPATION & REPRESENTATION 2.01 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., hereby grants to the Affiliate the non-exclusive and revocable right to market and advertise the Product and to establish links to Instant Rapport Live and other relevant sites in accordance with this Agreement. 2.02 In order to participate, the Affiliate shall be in good standing and have no outstanding balance on their account. The affiliate must maintain one (1) or more paid, personal active end-user accounts in order to qualify for commissions. Affiliates are of course encouraged to market and promote the Instant Rapport Live using approved content, marketing literature, and forms. 2.03 The Affiliate represents and warrants to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., that this Agreement has been duly and validly constituted and executed, and shall continue to act as a legal obligation, enforceable in accordance with its terms. SECTION 3: AFFILIATE SALES COMMISSIONS 3.01 If as a result of direct marketing or word-of-mouth effort a referred customer of the Affiliate subscribes to a $39.95 Instant Rapport Live monthly service, Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall pay the Affiliate a sales commission of $8 per each monthly active subscriber. Changes in product pricing may or may not affect commission rates which are to be determined by Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. (Upgrade Personal Branding packages and toll-free telephone usage not included as commissioned packages.) 3.02 An Affiliate shall not receive and will forfeit all sales commissions on suspended or cancelled account holders at any time the Affiliate’s account is past due, suspended, or cancelled. All commissions are based on a monthly subscription fee of $39.95 U.S. (MSRP) per account. 3.03 The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any laws or regulations (local, state, and federal.) Affiliate will expect to receive a 1099 from Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., at a commission level set by the relevant tax authorities. The Affiliate shall duly report all compensation. Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., are not responsible for Affiliate’s tax liabilities associated with the Affiliate program. All Affiliates are independent contractors. 3.04 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall, on or about the 20th of each month, pay via PayPal ONLY or otherwise transmit Affiliate’s Sales Commission based on sales volume generated during the previous month. (Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., reserve the right to delay or even terminate commission payment for any reason at any time Affiliate is in breach of their signed terms and conditions.) All commissions are paid in US Dollars. Sales Commission overpayments may be deducted from future payments or shall be reimbursed by the Affiliate. 3.05 PayPal is the ONLY way that you will be able to receive Affiliate Commissions from us. You must have your account set up with an active and accurate PayPal email address no later than the 29th of the month that you wish to receive commissions in. If your PayPal information is not received by the proper due date, or becomes inactive, invalid or refused by PayPal for any reason, you will forfeit any commissions due from that month. You WILL receive commission from all future months once you have updated your PayPal information. SECTION 4: AFFILIATE SITES AND PROMOTION METHODS 4.01 The Affiliate shall use only approved marketing content to promote the Product. The Affiliate shall strictly adhere to all applicable laws and regulations in conducting their business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful. 4.02 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right, but not the obligation, to pre-approve the graphics and logos used on any Web site which is linked to any of its sites. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. Any violation of this will result in the immediate termination of all current and future affiliate commissions. 4.03 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right to monitor the Affiliate's other Web site/s at any time to determine whether all marketing claims and content are in compliance with the terms and conditions on this Agreement. 4.04 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right, but not the obligation, to help the Affiliate promote its products more effectively. The Affiliate hereby grants permission to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., to e-mail the Affiliate on a regular basis with updates, announcements, procedures, terms, and any and all other relevant information. The Affiliate may unsubscribe at any time, however, and thus will be solely responsible for obtaining the information elsewhere. Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., are not responsible for lost or misplaced communications, time-sensitive or otherwise. 4.05 The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc’s., Product or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing browser plug-ins, banner replacement technology, and browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate's immediate termination. SECTION 5: ORDER PROCESSING 5.01 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue selling the Product at any time. SECTION 6: LICENSES AND GOODWILL PRESERVATION 6.01 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product, any promotional, advertising or marketing content and tools utilized by its Affiliates. The Affiliate shall make all deletions and modifications suggested by Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., wherever the Product is mentioned. 6.02 The Affiliate shall acknowledge and clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Product are, and shall continue to be, the exclusive property of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. 6.03 Customers who purchase the Product shall be deemed to be customers of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., and the Affiliate shall refer all Product-related questions, requests or queries to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. Questions related to site content and related offers shall be directed to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., directly. 6.04 The Affiliate shall not make or give to a customer or a potential customer any warranty, representation, or other statements concerning the Product without first obtaining the written consent of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. SECTION 7: RELATIONSHIP OF PARTIES 7.01 While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Affiliate acts solely as an independent contractor and not an employee, partner, representative, or agent of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Affiliate shall not sign any document in the name of or on behalf of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., nor shall it hold itself as being an agent of Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., as having apparent authority to contract for or bind Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. SECTION 8: LIMITATION OF LIABILITY 8.01 In no event shall Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall not be liable for any damages if, for any reason whatsoever, it’s Web site fails or is non-operational for any reason whatsoever. SECTION 9: TERM OF THE AGREEMENT 9.01 In the event that the Affiliate breaches any of the undertakings or obligations set forth in this Agreement, Affiliate shall automatically forfeit all current and future affiliate commissions. Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available to it at law or in equity. 9.02 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right, but not the obligation, to terminate this Agreement with an Affiliate who does not maintain a valid e-mail address, phone number, and postal address with Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., shall have the right, but not the obligation, to terminate this Agreement with an Affiliate at any time with email notice. The Affiliate shall have the right to terminate this Agreement at any time upon written notice to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc. 9.03 As soon as notice of termination of this Agreement is given or upon termination as herein provided, the Affiliate shall immediately cease its marketing and promotion of the Product and shall forthwith eliminate all mention and references to the Product and all links to Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., Pending the completion of the foregoing, Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., may hold in abeyance the Sales Commission. SECTION 10: MODIFICATION AND APPLICATION OF AGREEMENT 10.01 Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., may, in good faith, modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. If any modification to this Agreement is not acceptable to the Affiliate, its recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change. 10.02 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. 10.03 The Affiliate shall not assign, transfer, or convey this Agreement or any part thereof to any other party without Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc’s., consent, which shall not be unreasonably refused. 10.04 This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns. 10.05 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely: descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc’s., Web site(s); e-mail communications or from any of its employees, officers or directors, in the Product, or in marketing/informational documents. SECTION 11: INDEPENDENT INVESTIGATION 11.01 The Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., may at any time 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 the Affiliate's Web site. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement. SECTION 12: MISCELLANEOUS PROVISIONS 12.01 Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa. 12.02 The insertion of headings and the division of this Agreement into Sections are for convenience reference only and are not to affect its interpretation. 12.03 Each of the parties hereto covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry out the intent and purpose of this Agreement. 12.04 Time shall be of essence of this Agreement. 12.05 All notices, requests and other communications shall be deemed to have been received when posted by Instant Rapport Live, CDW Companies, Inc. and/or e2Impact, Inc., on its Web site/s. It shall also be deemed to have been received on the next business day if transmitted by fax, e-mail or any other form of electronic mail to the last known electronic address of the intended recipient. 12.06 This Agreement shall be governed by and construed in accordance with the laws of the United States and all disputes concerning this Agreement and the obligations assumed by the parties shall be resolved before such courts. The parties have required that this Agreement and related documents be drafted in English. By signing below, the undersigned acknowledges that he/she has read, understands and agrees to this Affiliate agreement.
	I have read, understand and agree to the above terms and conditions.

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