Lotus Tarot Affiliate Program Sign-Up

Please read the agreement document below before registering. You are entering into an Agreement with Lotus Tarot.

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Linking: We will provide you with links, including URL addresses and appropriate graphics (the Link Materials), with which you may link your Web site to our Web site (www.free-tarot-reading.net or such other Web site(s) as we may establish from time to time). If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement.
You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks, and other rights in the Link Materials. You will use reasonable efforts to update to new versions of Link Materials as we make them available.

3) Paying Commissions: For a sale of a Lotus Tarot commissionable product which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee as designated in the affiliates section of our website. We reserve the right to change this fee at any time without notice. Reporting periods shall be measured monthly. Only affiliates who are active and approved by us at the time of receipt of a customer payment will be eligible for commission under this Agreement. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to affiliates will be deducted from the next monthly payment. Payments will be made in the month following the sale (on or after the 15th day of the month), on a monthly (calendar year) basis to each affiliate having an accrued balance of $50.00 or greater. E.g. affiliates will be paid on or after the 15th of August for all membership sales in July, etc. Affiliates with balances of less than $50.00 will be credited towards the next calendar month. Payment method will be via Paypal. As an independent contractor, you will be solely and entirely responsible for any and all taxes and/or other fees or obligations associated with the receipt of your payment under this Agreement.

4) Tracking: Lotus Tarot will be solely responsible for tracking sales and will be using proprietary, real-time tracking software. Lotus Tarot will endeavor to do its best to ensure that this tracking of referrals made by affiliates is accurate, and Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral. Lotus Tarot Affiliates hereby acknowledge and accept that the tracking system employed by Lotus Tarot is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons: Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, etc. Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale. Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time. Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information. As such, affiliates will not hold Lotus Tarot liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.

5) Responsibility for Your Site: You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: The technical operation of your site and all related equipment. The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials.) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights.) Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

6) Relationship of Parties: You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

7) Enrollment in the Program: To begin the enrollment process, you will submit an application via our 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 (at our sole discretion) that your site is unsuitable for the Program. Your site should:

1. Generate sufficient traffic to our websites
2. Attract a customer base who may be interested in our products and services
3. Not promote sexually inappropriate materials
4. Not promote violence
5. Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
6. Not promote illegal activities
7. Not violate the intellectual property rights of Lotus Tarot
8. Not engage in any use of unsolicited bulk email (spam)

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

Once enrolled, an affiliate must remain active in order to qualify for receipt of affiliate commissions. An affiliate will be considered inactive if there have been zero referrals (click-thrus) over a continuous 3 month period. Inactive affiliates will regain active status in the month that the first referral (click-thru) is registered following a period of inactivity.

8) 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. 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.

9) 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.

10) 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 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.

11) Indemnification: You will indemnify Lotus Tarot and hold it harmless from any loss, claim or damage to persons or property, arising out of this Agreement to the extent that such loss, claim or damage is caused by the negligence or intentional acts of you or your violation of any Intellectual Property Rights or from your breach of any term of this Agreement. This indemnity survives any termination of this Agreement.

12) Arbitration: Any legal controversy or legal claim arising out of or relating to this Agreement shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Seychelles, as the parties to this Agreement agree to be governed by the laws of the Seychelles. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in the Seychelles necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the Seychelles with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

13) Miscellaneous: This Agreement will be governed by the laws of Gibraltar, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Gibraltar, 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 enforce your strict 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.

I accept these terms and wish to register.