Affiliate Agreement for www.boomeranglistbuilder.com

This agreement describes the entire terms and conditions for participation in the Boomerang List Builder Affiliate Program.

In this agreement, the term \Affiliate\ refers to you (the applicant). Wherever the agreement refers to \you\ or \your\, it means \the Affiliate\; \we\ or \our\ refers to Boomerang List Builder.

Affiliate Site

Our system will create a unique URL for you when you submit a complete Affiliate Enrolment Form.

Commissions

You will receive 50% of the revenue as a commission from orders placed through your Affiliate link. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales which are made through qualified Affiliate links. Any sales made by clicking on YOUR OWN affiliate link will be declined.

Payment

We will send payment via paypal for the applicable commissions on the 1st of each month as long as you have reached the minimum payout limit. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or charge-backs, the amount will be deducted from your affiliate account.

Order Fulfilment

Boomerang List Builder will be solely responsible for processing every order placed by a customer on the Affiliate Site.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Boomerang List Builder. Accordingly, all Boomerang List Builder rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Boomerang List Builder policies will always determine the price paid by the customer.

Qualification for Commissions

Affiliates must have an active Affiliate link in order to qualify for commissions.

Qualifying Sites

Boomerang List Builder reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Boomerang List Builder Affiliate Program include sites which:

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

Unsolicited Commercial E-mail or SPAM

Boomerang List Builder in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Boomerang List Builder Affiliate Program, with no refund. Bottom line: If you spam you`re out!

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 this statement.

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 commissions paid or payable to you under to this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. 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 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.

By signing up to our affiliate program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.