Envision It Sold's
Affiliate Operating Agreement
This agreement describes the entire terms and conditions for
participation in Envision It Sold's Affiliate Program.
Definitions: “Affiliates” include all parties that refer
visitors to Envision It Sold’s web sites in order to purchase
products and services. In this agreement, the term
"Participant" and “Affiliate” refers to all accepted
affiliate program applicants. “Sponsoring promotion" refers to the
promotion from which you will link to www.envisionitsold.com. Wherever the
agreement refers to "you" or "your", it means
"Participant"; "we" or "our" refer to Envision It
Sold, Inc.. The terms "product" or "products" refer
to all products and services that have the ability to be sold through
Envision It Sold affiliate links. Whenever the agreement refers
to an Affiliate “selling” or having the ability to
“sell” or “resell” refers to the
process of an Affiliate referring people to Envision It Sold’s
web site(s) for the purpose of purchasing products.
Envision It Sold, Inc. offers Premium and Standard web sites for
Realtors, as well as our Web Site Listing and four FSBO Package Deals
for Home Sellers, that can be sold by an affiliate in order to
earn commissions. Not all Envision It Sold products qualify to be
resold in the Affiliate Program. Envision It Sold will upload all affiliate
resalable products into the online Affiliate
Resource Center. Products that are sent through the monthly
Affiliate update email also qualify to be resold. Some products are able
to be sold for only a limited time and once that time expires Envision It Sold
will remove all tracking and will be unable to pay commissions.
You can add or remove links at any
time: You may add or remove as many links
to Envision It Sold at anytime and without prior approval from Envision It
Commission Amount: Every product that is qualified to be
sold in Envision It Sold’s Affiliate program has a set commission assigned to
it. Envision It Sold can change the commission payable at any time.
Envision It Sold will do its best to inform affiliates of any change to the
program commission structure. Only qualifying products that are sold by Envision
It Sold to a customer, and for which Envision It Sold has received
full payment, will qualify for a commission.
The total of such sales in any given
month will generate commissions for the Affiliate, based upon the applicable
flat rate commission for each product.
Commission Payment: Envision
It Sold will send a commission check, for the
previous calendar month’s commissions earned, approximately 10 days after the
1st of each calendar month. Envision It Sold will do its best
to ensure commissions checks are sent out in this time frame.
A statement of customer purchase
activity is located in the online Affiliate
Returns and Cancellations: If a commission qualifying product is later returned by
the customer, its commission will be deducted from the next monthly payment
sent to the Participant. If there is no next monthly payment, the Participant
will be billed.
Order Processing: Envision
It Sold will be solely responsible for
processing every order placed by a customer following an Affiliate link from
your sponsoring promotion. Customers can order through Envision It Sold’s secure online ordering process, the Envision It Sold’s 800 phone numbers, Envision It Sold’s fax number or Envision It Sold’s mailing address. Order forms, payment processing,
shipping, cancellations, returns, and related customer service are the
responsibility of Envision It
All of the rules, operating procedures
and policies of Envision It
Sold regarding customer orders and accounts
will apply to orders we receive through tracking links on your sponsoring
website. Envision It Sold reserves the right to reject any order that does not comply
with our rules, operating procedures and policies.
Tracking of Sales: Envision
It Sold will be solely responsible for
tracking sales generated via supplied affiliate tracking links from the
sponsoring promotion. The Participant will be solely responsible for ensuring
that the affiliate tracking links are working properly, a necessary
prerequisite to tracking such sales. Statements of product sales activity will
be provided to the Participant through the Affiliate
Promotional Techniques: You are free to promote Envision It Sold in all
the ways we endorse. Examples of acceptable ways to promote the course are:
through banners and text links on your website to letters of recommendation to
your newsletters subscribers or your customers. However, if you resell our
products through unsolicited email (in any way, shape or form, including
newsgroup spamming), or on any WAREZ, CRACK, or SPAM oriented website; your
account will be immediately terminated. Any referral fees not paid up to the
point of termination will not be paid to you and will be property of Envision It Sold.
As well, if you choose to promote the Envision It Sold Sub Affiliate Program, it can only be promoted as a
two-tier business opportunity. This program is not a MLM (multi-level
marketing) opportunity and as an affiliate, you cannot promote it as MLM. If
you promote Envision It
Sold’s Affiliate Program as MLM your account
will be immediately terminated. Any referral fees not paid up to the point of
termination will not be paid to you and will be property of The Envision It Sold.
Affiliate Representation: You are not permitted to represent yourself as an employee
of the Envision It Sold. You are not
permitted to use images, copy or any other promotional material that is
unauthorized by Envision It
are not permitted to represent yourself as Envision It Sold and/or Catherine
DeGeorge in any marketing materials. Envision It Sold has the right to
request removal of any marketing materials or web sites that are used to
promote Envision It Sold’s products that Envision It Sold deems
unacceptable. If you do not comply, Envision It Sold has the right to
terminate your affiliate account and could seek legal counsel. Any
referral fees not paid up to the point of termination will not be paid to you
and will be property of Envision
References/Testimonials: You agree to cooperate with Envision It Sold in the
development of joint press releases and testimonials. You further agree that
you will allow us to use your company name in marketing collaterals and make
reference to you on our website.
Affiliates Signing-Up under
Themselves: We will not tolerate
Affiliates signing themselves up as a sub-Affiliate of their own assigned Affiliate
account in order to generate the additional commissions for their own sales. If
you do this, the account(s) in question will be immediately terminated and any
referral fees unpaid since our last referral payout will remain sole property
of Envision It Sold.
Earning Commission On Your Own
Purchase: Envision It Sold will not
pay a commission on a purchase of a product or service that you make through
your own affiliate account. This action is no longer permitted. If you
are earning commissions on the sales of Envision It Sold products to third parties and want
to get a copy of a product please contact the affiliate support team.
Copyrighted material: As the Participant, you are solely responsible for
ensuring that your reviews, product descriptions and articles (if applicable at
your site) obey all applicable copyright and other laws. You must have express
permission to use another party's copyrighted material. Envision It Sold will not be responsible if you use another party's
copyrighted material in violation of the law.
Envision It Sold’s policy applies to all orders: Every customer who buys a product through our Affiliate
program is deemed to be a customer of Envision It Sold. The Participant
does not have the authority to make or accept any offer on behalf of Envision It Sold. All Envision It Sold’s policies regarding customer orders, including product
availability, pricing and problem resolution, will apply to these customers. Envision It Sold is not responsible for any representations made by the
Participant which contradict our policies.
Product prices and availability: The price charged for every product sold under this
program will be determined by Envision
It Sold according to our own pricing policies.
In case of any price discrepancies, the price charged to the customer will
always be the price listed on Envision
It Sold’s webpage linked from your sponsoring
Product availability can change, and Envision It Sold will present the best information available to all
participants and it’s referred customers regarding product availability.
Website service interruption: Envision
It Sold will make every effort to keep its
website operational. However, certain technical difficulties may, from time to
time, result in temporary service interruptions. The Participant agrees not to
hold Envision It Sold liable for any of the consequences of such interruptions.
Trademarks, Trade Names, &
Patents: You hereby recognize our right of
ownership of all Trademarks, Trade Names, and Patents associated with these
services. You will act consistently with these rights and act to preserve them
in the course of marketing and sales of these services. We grant you the right
to our Trademarks and Trade Names in connection with marketing and sales of
Tax Information: Envision
It Sold requires you to submit your tax
information in order for Envision
It Sold to comply with Tax regulators in your
country and in turn pay you commissions on sales. You are required to
submit your tax information upon signing up or if this option was not presented
to you upon sign up you must log in to your affiliate account and add your tax
information into the respective field immediately. Envision It Sold has the right to withhold commission payment if you fail
to submit your tax information.
Term of the Agreement:
The Participant may receive commission payments on
qualifying orders that are placed during the term of this agreement.
This term will begin on the date that your application is approved by Envision It
Sold, and shall end when canceled by either party as provided
Referral Fees earned through the date
of expiration or cancellation of this agreement will remain payable only if the
products are not returned or canceled from their orders. Payment of the final
commission payment to the Participant may be withheld for a reasonable time in
order to ensure that the correct amount is paid.
The agreement may be modified: Envision
It Sold reserves the right to change any of
the terms and conditions in this agreement, at any time and in its sole
discretion, by posting a new agreement on our website.
Cancellation of this agreement: Either Envision
It Sold or the Participant, acting in their
sole discretion, may choose to cancel this agreement at any time by written
notice of cancellation to the other. The Participant’s Affiliate account
will be disabled and all current and future commissions will not be paid.
Warranty Disclaimer: Envision
It Sold makes no warranties, representations
or conditions with regard to the program or, except as expressly set forth in Envision It Sold’s then current product sales policies, any products sold
thereunder, whether express or implied, arising by law or otherwise, including
without limitation any implied warranty of merchantability or fitness for a
particular purpose or non-infringement or any implied warranty arising out of
course of performance, course of dealing or usage of trade.
Limitation of Damages: Envision
It Sold shall have no liability for any
indirect, incidental, special or consequential damages or any loss of revenue
or profits arising under or with respect to this agreement or the program, even
if Envision It Sold has been advised of the possibility of such damages.
Further, Envision It Sold’s aggregate liability arising under or with respect to this
agreement or the program shall in no event exceed the total referral fees paid
or payable by Envision It
Sold to Participant under this agreement.
Miscellaneous: Participant and Envision It Sold are independent
contractors and nothing in this agreement is intended to or will create any
form of partnership, joint venture, agency, franchise, sales representative or
employment relationship between the parties. Participant shall not assign this
Agreement, by operation of law or otherwise, without the prior written consent
of Envision It Sold. Subject to
the foregoing restriction, this agreement is binding upon, insures to the
benefit of and is enforceable by the parties and their respective successors
Governing Law: This agreement shall be governed by the laws of Washington State, USA.