Each participant in the affiliate program offered by Maggie’s Pure Land Products, Inc.® (the Program Operator) for the
website(s) listed in the Terms and Conditions on this site, located at *www.maggiespureland.com* (the website)
expressly agrees to this affiliate agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may
NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be
legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement,
please do not register for the affiliate program.
This agreement incorporates the Program Operator’s Terms and Conditions of Use found on the website at *www.
BOBmarketing.com* herein as if it were set forth in full.
Throughout this agreement, affiliate program refers to the affiliate program operated by the Program Operator in part
for the website.
Affiliates
Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to
create an employer/employee relationship.
Commissions & Referral Fees
Whenever someone orders through your affiliate link, your affiliate ID is credited with a referral fee. When another
affiliate registers as an affiliate using your affiliate link, your account is credited as the Sponsoring affiliate. You do not
earn a referral fee for any other affiliate’s registration. The commission/referral fee amount varies from product, service
or opportunity. The rate at which your referral fee is generated can be found on the website and is subject to change at
any time. If the website is silent as to the commission rate, then the base rate is 15% as to sales made directly through
your link and 5% for sales by affiliates registered by your link.
Before any affiliate may be a sent a commission check, the affiliate must submit to the Program Operator identification
information. Such identification information shall include, at a minimum, a copy of a government issued, picture,
identification card (for example, a drivers license). These documents shall be photocopied and mailed to the Program
Operator as per the instructions sent in your “Welcome, affiliate” email. You will not receive any payment of
commission/referral fees until such time as you submit the required documentation to the Program Operator.
Commissions on products and services are paid at the rates as indicated on the website. The Program Operator strives
to pay similar rates on further products, services, and opportunities, but reserve the right to pay a different scale if
necessary.
Income Tax Liabilities
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign
income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or
location. If you are NOT a resident of the United States, the Program Operator will withhold the appropriate U.S. income
tax applicable to foreign nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to
the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws.
It is the affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to
recover these sums under the Tax Code and other applicable laws.
Embargoed Nations & Specially Designated Nationals
The United States controls the export of products and information. Each affiliate agrees to comply with such restrictions
and to not export or re-export the materials (including software) to countries or persons prohibited under the export
control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or
are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local
jurisdiction with regard to the import, export, or re-export of the materials (including software).
Each affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to,
those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of
a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of
Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or
services are exported from the United States in accordance with the Export Administration Regulations. Diversion to
other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate identification information
and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may
receive commission checks paid by either the Program Operator.
Commission Schedule
Commissions are paid once per month on the 15th day of the month for sales that have passed the guarantee period
from the first through the last day of the previous month, and are paid by the Program Operator.
There is a minimum commission amount of $50.00 USD. This is the minimum amount that you must earn before you will
be paid commissions. In any commission period, your commission must exceed this amount before you will receive any
sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or
exceeds this amount.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been
rejected/refunded during the guarantee period for any reason.
We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment
is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate’s future
commissions.
All commissions are paid in US Dollars by check.
Mixing of Products
As an affiliate of the Program Operator, your website on which you advertise any products or services of the Program
Operator may only include products that are not capable of being viewed by persons 13 years of age or younger if the
Program Operator specifically allows such products. Your website may NOT contain any content or images that are
NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the
Program Operator, the website, or your affiliate Link. On any website on which you include any reference whatsoever to
the Program Operator, its products or services, you may NOT include any reference whatsoever to any form of “Adult”
content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall
forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in
the suspension or termination of any payment processor for or the Program Operator, you shall be liable for liquidated
damages in the amount of $10,000 as well as actual and any consequential or actual damages that or the Program
Operator may incur.
Commission Calculation
All commissions are paid and calculated based on the net transaction. The net transaction amount is the sales amount
less any payment processor fees, credit card fees, sales tax, and shipping & handling fees. The commission rate listed
on the website is then applied to determine the amount due the affiliate. The Program Operator may also charge a per
transaction fee for every transaction processed. In the event that a per transaction fee is applied, the amount of the fee
can be seen on the website. Any such fee is not commissionable and is also deducted from the sums paid by the
customer, prior to the calculation of any commission.
SPAM & Unsolicited Commercial Email (UCE)
The Program Operator does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make
reference to the Program Operator, or any of their associated companies or websites, Partners, or employees, the
websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to
each affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status
canceled and any outstanding commissions will be forfeited.
Unprofessional Conduct
The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any
affiliate who brings the the Program Operator or their employees, partners, or associates into disrepute, or who
promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any
outstanding commissions will be forfeited.
The Program Operator reserves the right to reject any affiliate application if, in the Program Operator’s opinion, that
person or entity violates established laws or commonly held standards of decency. For example, we will reject
applications from any person or company that promotes any form of violence, illegal activities, or from applicants who
either the Program Operator prefer not to be associated with.
Affiliate Sales & Tracking
After signing up for the affiliate program, you will receive a unique affiliate URL which you will use to advertise the
website. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP
address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is
made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking
or cloaking of the links (whether done by software or by a script, and sometimes referred to as “affiliate link cloaking”)
may or may not work with parts of the Sites. the Program Operator allows masking or cloaking but You must provide a
repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
Term & Termination
This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program
Operator terminates your affiliate status, or if your account is inactive in any continuous twelve month period. An
affiliate may terminate this agreement at any time, and for any reason, by writing to - or emailing - the Program
Operator at the email address listed on the website. The affiliate may not transfer this agreement, or any rights
conveyed in this agreement, to any third party whatsoever.
The Program Operator may also terminate this agreement at any time, and for any reason, by writing to affiliate at the
email address listed in the affiliate’s Profile, with 30 days notice. the Program Operator may transfer this agreement to
any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate.
However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions,
this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
Rights to modify agreement. the Program Operator, and its associated companies may, in good faith, modify any of this
agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole
discretion, by posting a change notice or a new agreement on the website. These changes will come into force
immediately upon posting. The affiliate’s continued participation in the affiliate program following the said posting of a
change notice or new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this agreement is not acceptable to the affiliate, affiliate’s only recourse is to terminate this
agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its
web site, and refrain from publishing same in any manner whatsoever.
No Misuse
It is understood that any individual that uses the Program Operator system shall not use it in connection with obscene,
defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole
discretion of the Program Operator. It is also understood that affiliates shall not try to cheat the system in an effort to
increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and
any sums paid and any sums payable as and for commissions will be withheld All affiliates further agree to refrain from
engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking,
shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.
As-Is Only
There is no warranty or guarantee of any kind with respect to the Program Operator system as far as reliability, stability,
quality or dependability. This means that the Program Operator, or its associates is not responsible for any loss or
damage incurred directly or indirectly due to the use of the Program Operator website, or any other facet of the system.
This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data
or discontinuation of service, or other inconveniences.
Fees
Affiliates shall be charged NO FEE by the Program Operator for setting up an account to join affiliate programs or to
join any program.
Electronic Communications & Email
The Program Operator requires your primary email address be listed in your Affiliate Profile. affiliates will not be able to
use the website or participate in the affiliate program until their email addresses are verified. Those who fail to verify
their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or
“Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately. You may not use an
email address with an auto responder as your the Program Operator email address. When you visit the Program
Operator or send emails to us, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. If you are an affiliate, you understand that you may NOT opt out of
any emails that you receive from the Program Operator. As an affiliate, you must continually have a valid email account
on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund
of any license fees paid or payment of any commission due.
Unauthorized Charging Or Receipt Of Payments Through The Sites
No affiliate, or other person or entity may use the website, or the Program Operator payment processing system, for
private transactions. Any revenue collected through the website or through the the Program Operator payment
processing system may become the sole property of the Program Operator . Any revenue collected through the the
Program Operator payment processing system may become the sole property of the Program Operator. Affiliates may
not link to the website for processing of products or services that are not wholly sponsored by the Program Operator
and authorized by the Program Operator and further, may not link to the website for processing of any products beyond
what the Program Operator has identified as salable products for the website and specific affiliate sales. Should any
affiliate of the Program Operator or other person or entity construct links that process orders through the Program
Operator payment processing system, the act will be considered an attack of computing resources with intent to
damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent
of the law.
Charging or receiving any payment for assisting your affiliates. The progress of any affiliate benefits the Program
Operator in many ways. If You recruit, sponsor, or obtain an affiliate through the websites, by any means, You should
always be willing to assist such affiliate at no charge to such affiliate. If you are unwilling to assist such affiliates without
charge, your affiliate status with the Program Operator will be terminated immediately and any commissions due will be
withheld permanently as partial compensation for managing the associated and impacted affiliates.
Affiliate Identification Numbers
You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE.
For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and
security of your affiliate ID number and password. You agree to hold the Program Operator harmless in the event that
any such information is shared by you with any other person or entity whatsoever.
No Predatory Advertising
All affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, the definition of
which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically
replacing the affiliate ID of one affiliate with that of another with the effect of “stealing” the commission away from the
affiliate that earned it, whether this be intentional or not. affiliates may not adjust any of the supplied affiliate links to
reset cookies or bypass other safeguards in the system. affiliates understand that engaging in such practices is
grounds for immediate termination and forfeiture of any earned commissions.
Liability
The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to
affiliate system sale tracking failures, commission processing system failures, losses of database files or backups
thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of
“intents of harm” to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of
the websites or the Program Operator network will be error-free nor will the Program Operator be held liable for any
interruptions or errors.
Miscellaneous Provisions
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and
Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of
the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall
apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or
sublicense this agreement without the Program Operator’s prior written consent.
b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment
related to a sale made by an affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate’s
customer are not commissionable, and any fees incurred during processing or handling of sales made by the affiliate
will be deducted in whole from any commissions due to the affiliate. Further, in the event that the commissions due the
affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE
UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY
PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE
PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
d) To the extent you have in any manner violated or threatened to violate the Program Operators intellectual property
rights, the Program Operator may seek injunctive or other appropriate relief in any state or United States federal court
in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Use of the Program
Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the Program Operator as a result of this agreement or use of the website
and/or the products of the Program Operator. the Program Operator’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator’s
right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall continue in effect.
e) This Agreement shall be governed and construed in accordance with the laws of the State of California and The
United States of America applicable to agreements made and to be performed in the State of California and in The
United States of America. You agree that any legal action or proceeding between the Program Operator and you for
any purpose concerning this agreement or the parties’ obligations hereunder, will first attempt to be resolved with the
help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the
mediation will be shared equally by each of us.
f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the
dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator
and you, in Santa Cruz, California, USA , under the commercial rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right to participate as a representative or member of any
class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with
limited rights of appeal.
g) Any cause of action or claim you may have with respect to the website, the products, the services, or the eBook(s),
must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is
barred. The Program Operator ’s failure to insist upon or enforce strict performance of any provision of this agreement
shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this agreement. the Program Operator may assign its rights and duties
under this agreement to any party at any time without notice to you. Use of headings in this document is for
convenience only and does not identify legal boundaries or terms explicitly.
h) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been
discussed.
i) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever.
Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities.
Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as
any other contract between you and the transferring party) to transfer simultaneously, all without permission.
j) Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately
terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that
sales made through affiliates cannot be processed through the payment processor, then the Program Operator has the
right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program
Operator will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities
sold by the Program Operator on the websites or that the Program Operator will offer any affiliate program whatsoever.
Any rights not expressly granted herein are reserved.
If you agree to the above affiliate agreement, Please click next below to be taken to our contact page.....
AFFILIATE AGREEMENT