Thank you for your interest in an affiliate program with Murdock Industrial Inc. and one of its wholesale or retail websites. Our affiliate program is designed to reward the Affiliate with commission from sales resulting from marketing and recommendation of our sites. It is our intention to provide honest commission for honestly marketing our products. The better you do, the better we all do, and we base our Affiliate program on this concept. By representing yourself as an Affiliate of a Murdock Industrial Inc. website, you agree to the terms and conditions of the Affiliate Agreement. We look forward to a prosperous and healthy business relationship together and thank you for your consideration.
Last Update: February 10, 2012
This agreement is a binding, legal contract between you, the Affiliate and our business, Murdock Industrial Inc.. The Affiliate Program is administered through Murdock Industrial Inc. pursuant to the policies at Murdock Industrial Inc. website or sister sites, as well as this agreement. A 2% commissions will be paid by Murdock Industrial Inc. on valid sales on our Murdock Industrial Inc. website. Murdock Industrial Inc. reserves the right to change the price of Murdock Industrial Inc.’s products and commission percentages for products without notice. Commissions are based on the percentage of sale in effect at the time of the sale. Affiliate is solely an Independent Contractor when acting as an Affiliate. No partnership, joint venture or other legal entity is created between Murdock Industrial Inc. and Affiliate. Affiliate represents and warrants to Murdock Industrial Inc., that Affiliate has read and understands the Murdock Industrial Inc. Policies that are set forth on our web site and agree to the terms set forth therein.
Murdock Industrial Inc. reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any and all such amendments will apply to Affiliate. The continuation of Affiliate status, promoting or marketing Murdock Industrial Inc., Murdock Industrial Inc. products or services, or Affiliate’s acceptance of income, shall constitute Affiliate’s acceptance of any and all amendments. Affiliate agrees to review this agreement for any changes or additions, monthly or at the beginning of each affiliate payout cycle, whichever is sooner. The date of the last change or addition to the agreement is posted at the beginning of this document. All affiliates must be 18 years of age or older. If you are under 18 years of age you are not permitted to be an Affiliate. Affiliate agrees to receive e-mail from Murdock Industrial Inc., including but not limited to, sales reports, training, promotional resources, newsletters and other correspondence. Affiliate agrees not to disparage Murdock Industrial Inc., Murdock Industrial Inc. products or services other Murdock Industrial Inc. Affiliates in any manner. Affiliate understands that disparagement my result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
SPAMMING IS PROHIBITED
Murdock Industrial Inc. has zero tolerance toward any Affiliates associated with spam. The accounts of Affiliates associated with spam are immediately terminated as soon as violation is verified, with a cancellation of any pending monies or commissions owed. Murdock Industrial Inc. will immediately terminate any Affiliate account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. Murdock Industrial Inc. will report spam, along with all the spammer’s identifying information, to the Federal Trade Commission and other agencies for civil and criminal prosecution. For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Murdock Industrial Inc., Murdock Industrial Inc. products or services, who has not specifically requested information directly from Affiliate. Mailings to names or lists that have been purchased, including but not limited to so called co-reg lists, regardless of the opt-in procedures, are not permitted. Murdock Industrial Inc. considers ANY type of advertisement about Murdock Industrial Inc., Murdock Industrial Inc. products or services, posted to a Newsgroup or Chat Room, in violation of their posting rules, to be spam. Affiliate agrees to comply with all U.S. State and Federal spam laws, including but not limited to the Federal CAN-SPAM Act. Because damages are often difficult to ascertain, if actual damages cannot be reasonably calculated then you as Affiliate agree to pay Murdock Industrial Inc. liquidated damages of $500 for each piece of spam or unsolicited e-mail transmitted from or otherwise connected with your account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
Payments to Affiliates will be computed and distributed by mail, paypal transfer to valid e-mail addresses or bank transfer on or before the first of the month following 60 days from the transaction period. All payments made in US Dollars. Affiliate is responsible for any and all taxes due to their country, federal, state, city or town without exception. All payments will be reported to corresponding tax entities and are solely the responsibility of the Affiliate. Minimum payout per affiliate payment is $25.00 USD. At 2% this would be a minimum of $1250 in purchases under your Affiliate account. Payout amounts accumulate for 1 year from original date of purchases and will be paid once minimums are met. All Affiliate payments will be made in U.S. dollars.
If a sale is canceled or refunded, any paid commission will be deducted from a current or subsequent payment. Affiliate commissions will not be paid based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Murdock Industrial Inc. reserves the right to deduct in subsequent months, any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to have sales tracked and recorded to qualify for commissions. Murdock Industrial Inc. is not responsible for the failure to assign any sale or commissions to Affiliate if the same results from the improper formatting of any affiliate links. Murdock Industrial Inc. will only pay commissions on sales that are tracked through our tracking system and indicate Affiliate as the source of the visit to Murdock Industrial Inc. Web site. Affiliate has no right to commissions if a buyer later returns to the Murdock Industrial Inc. site through another Affiliate link or source that makes a purchase. You have no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted even where the customer first arrived at Murdock Industrial Inc. site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate link or with your ‘Cookie” indicating you as the affiliate.
NO INCOME CLAIMS ARE MADE
Murdock Industrial Inc. makes no representations or warranties whatsoever, regarding potential income that may result from participation in Murdock Industrial Inc.’s Affiliate Program and Murdock Industrial Inc. specifically disclaims any and all warranties in regards to Affiliate’s earning potential. Affiliate agrees to provide Murdock Industrial Inc. with valid contact information upon registration. Murdock Industrial Inc. will make every reasonable effort to accurately track and pay commissions for all sales that belong to or are credited to Affiliate. Murdock Industrial Inc. is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily interfere with, disrupt or diminish tracking or service. Murdock Industrial Inc. 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 where Murdock Industrial Inc. has been advised of the possibility of such damages.
Murdock Industrial Inc.’s total liability arising from this agreement or program shall not exceed the total commissions paid or payable by Murdock Industrial Inc.. Murdock Industrial Inc. is responsible for handling all customer inquiries, fulfilling product orders, customer billing and collection of monies. Murdock Industrial Inc. pricing of products and services is totally within Murdock Industrial Inc. discretion and Murdock Industrial Inc. reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Affiliate. Our only responsibility to you in this regard is to track customer orders that occur through links from Affiliate and make reports of the commissions due as a result thereof. All such reports shall be un-audited, audited or reviewed.
Affiliate agrees not to misrepresent Murdock Industrial Inc. products or services. Affiliate also agrees not to advertise Murdock Industrial Inc. products or services on Web sites that promote sexually explicit material, violence, Warez or pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities. Murdock Industrial Inc. reserves the right to terminate your Affiliate status for any reason in our sole and absolute discretion, including but not limited to the reasons set forth herein. Murdock Industrial Inc. makes no warranties expressed or implied for the Affiliate Program except as outlined in this Agreement. Affiliate program is provided As Is. Murdock Industrial Inc. and Affiliate reserve the right to terminate this agreement at any time, without notice.
If terminated, outstanding commissions shall be paid in the next payment cycle, as 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 of monies due is paid. Affiliate is solely and fully responsible for any and all costs and expenses Affiliate incurs in the marketing of the Murdock Industrial Inc., Murdock Industrial Inc. products and services, and Affiliate agrees to hold Murdock Industrial Inc. harmless from same. In the event that any provision of this Agreement is held to be invalid or unenforceable, said 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.
The Murdock Industrial Inc.’s location is in the state of Ohio and as an Affiliate you agree that this offering is made from the Murdock Industrial Inc.'s location and shall be governed by the laws of the State where the Murdock Industrial Inc. is located, in the United States. This Agreement shall be governed by and construed in accordance with the laws of the State Murdock Industrial Inc. is located in, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State where the Murdock Industrial Inc. is located. In addition, you agree to submit to the jurisdiction of the courts of the State where the Murdock Industrial Inc. is located, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the city and state where the Murdock Industrial Inc. is located. The Murdock Industrial Inc. obligations and Affiliate remedies are solely and exclusively as described and limited in this agreement and if applicable, on the Murdock Industrial Inc.'s Web site affiliate information. Murdock Industrial Inc. liability, whether based on contract, tort, warranty, strict liability, or other legal claim, shall not exceed the price of the individual goods, products, services or commission owed, whose alleged defect or damage is the basis of the claim. In no event shall Murdock Industrial Inc. be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage to Affiliate. Murdock Industrial Inc. reserves all rights not expressly granted here.