Affiliate and Authorized Reseller Terms

To begin the registration process for our Affiliate & Authorized Reseller Program, you need to submit a completed application via our web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:

• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• promote illegal activities
• otherwise violate intellectual property rights

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 at any time terminate this Agreement.

Either party can terminate this relationship without prior notice.

Our commission structure is one of the most generous available. Whenever a visitor from your site buys or subscribes directly* to one of our products or services, you earn your full commission, even for renewals!
* Without the assistance of our sales staff.

Commission checks are issued once a month* between 35 & 40 days after the sale. This is to make sure that the customer doesn't cancel the service or return the product during our money-back period. If a refund is submitted after this time your current commission check will be debited the corresponding commission payment.

* Monthly commissions need to exceed 250 USD otherwise payment can be withheld till accumulated commission exceed this amount.

The commissions we pay to you is negotiated based on the information you provide to us, the level of commitment, involvement and activity by you and level of sales achieved. Please ensure that on our Registration form you clearly outline your proposed activities.

All content you receive from us remains the property of Trading by Design unless otherwise noted.

Each link provided by Trading by Design has an Affiliate ID attached. Please read posting instructions carefully. We can't track your sales and traffic without you posting the full URL.

Nothing in this Agreement shall create or constitute any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. For the purposes of this Agreement you are considered an independent contractor. You shall have no authority to make or accept any offers or make any representations on our behalf. You shall not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Your Affiliate status is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone.

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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. 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.

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 this Agreement.

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Perth, Western Australia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Western Australia (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction.

You agree that any cause of action arising out of or related to the Service must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent of Trading by Design.

This Agreement will be governed by the laws of the Commonwealth of Australia and the state of Western Australia.

BY PROCEEDING WITH YOUR APPLICATIOIN YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.

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