LinkXL.com - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for active LinkXL member you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our active customers.

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Terms and Conditions
	To be an authorized affiliate of LinkXL.com, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the LinkXL.com service as an affiliate. By signing up for the LinkXL.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions. InConTXT, LLC, D.B.A. LinkXL.com (“LinkXL,” “Us,” “We”), a leading online seller of online hypertext contextual link advertising (the “Services”) and the individual or entity (the "Affiliate," “You”) accepting these LinkXL.com Affiliate Program Terms and Conditions (the “Agreement”). By clicking to accept this Agreement, you agree to participate in the LinkXL.com Master Affiliate Program (the “Program”) subject to these Master Affiliate Program Terms and Conditions. LinkXL.com and Affiliate together may be individually referred to as a “Party” or collectively referred to as the “Parties.” In consideration of the covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. Appointment; Term; Termination. 1. You are signing up as an Affiliate of LINKXL.com, which gives You the authority on a non-exclusive basis to promote our Services for a period commencing on the Effective Date and ending on the last day of the twelfth (12th) consecutive calendar month after (the "Initial Term") unless terminated earlier in accordance with this Section 1. Following expiration of the Initial Term, this Agreement shall automatically renew for successive twelve (12) month periods (each a “Renewal Term”, together with the Initial Term, the “Term”) unless either Party provides written notice to the other Party at least sixty (60) days prior to the commencement of a Renewal Term of its intent not to renew this Agreement. 2. This Agreement may be terminated: (i) by LINKXL upon written notice to You; (ii) by either Party in the event of a material breach of this Agreement that is not cured within thirty (30) days of notice of such breach; or (iii) by either Party, immediately upon written notice, in the event that the other Party admits in writing its inability to pay its debts generally as they become due, makes a general assignment for the benefit of its creditors, files a petition, voluntarily or involuntarily, under any state or federal bankruptcy or insolvency law, or has a decree entered against it by a court of competent jurisdiction appointing a receiver, trustee or assignee in bankruptcy or in insolvency covering all or substantially all of such Party’s property or providing for the liquidation of such Party. 3. Upon termination of this Agreement (a) any Commissions which have accrued on or before the effective date of termination shall be paid by Us upon determination of an Installed Sale (defined below); and (b) Affiliate shall immediately cease any and all promotional activities and use of the Licensed Content and shall no longer hold itself out as an affiliate of LINKXL. 4. The obligations of the Parties under Sections 1, 4 and 6 - 11 shall survive the termination or expiration of this Agreement. 2. The Responsibilities of Affiliate. 1. You shall actively promote the Services solely in accordance with this Agreement using the marketing content available through the Affiliate Portal (as defined in Section 2(e) below). All promotions must conform in all respects to any content and design specifications provided to You by Us from time to time, including, but not limited to, the marketing guidelines set forth in this Agreement and attached as Exhibit A and available on the Affiliate Portal. You may develop marketing materials to market the Services; however, LINKXL’s written approval must be obtained prior to using, displaying or distributing any such marketing materials. You must conform to the highest ethical standards for advertising, take all reasonable steps to make sure that its advertising materials are factually correct, and comply with all applicable laws, including the CAN-SPAM Act of 2003. 2. You shall not make any representations or warranties related to, directly or indirectly, the Services, other than those approved in writing or distributed by Us. Neither LINKXL, nor any of its suppliers shall be bound by any unauthorized representations or warranties regarding the services made by You or on your behalf. 3. You shall promptly forward to Us any customer inquires You receive regarding the Services or LINKXL website or telephonic sales process. 4. During the Term, and for a period of one (1) year after the Term, Affiliate shall maintain at its principal place of business, complete and accurate records of its business conducted under this Agreement, including copies of all Advertisements, including the date and location of any such promotions. 5. You shall have access to the password protected Affiliate Portal available at http://www.linkxl.com/idevaffiliate/index.php or successor URL as determined by Us (“Affiliate Portal”) subject to the license grant set forth in Section 3. You are solely responsible for securing its username and password and shall have full liability for any actions taken using the same. You shall immediately report any breach, misuse, loss, or theft of your login credentials to LINKXL. 3. Grant of License. We grant to You, and You accept, a limited non-exclusive, non-transferable, non-sublicenseable, revocable license to (i) access to the Affiliate Portal by up to three (3) designated employees of Affiliate for use in connection with marketing the Services and managing your account; and (ii) reproduce, publicly display, transmit and broadcast the advertisements, marketing content, logos, trademarks or trade names of LINKXL and its suppliers available on the Affiliate Portal (collectively, the "Licensed Content") solely in connection with the promotion and sale of the Services, subject to the marketing guidelines set forth in this Agreement and on Exhibit A. You acknowledge that the Licensed Content are the sole property of LINKXL and, other than the license granted in the Agreement, nothing shall be construed to grant You any right, title or interest in or to the Licensed Content. 4. Ownership; Non-Solicitation; Non-Competition. 1. All tangible information, including but not limited to any drawings, designs, Licensed Content, information or specifications provided to You, shall at all times be, and shall be deemed to be, our property, and We shall retain all right, title and interest in and to any intellectual property rights, as amended, supplemented or modified from time to time by LINKXL or Affiliate. Notwithstanding anything to the contrary contained in the Agreement, Affiliate logos, trademarks, tradenames and servicemarks shall at all times be, and shall be deemed to be, the property of Affiliate. 2. Information pertaining to individual customers obtained by LINKXL or Affiliate in connection with the marketing and promotion of the Services by Affiliate shall at all times be, and shall be deemed to be, owned jointly by LINKXL and the applicable supplier. 5. Commissions 1. As material consideration for your marketing commitment set forth in Section 2, subject to offset under Section 5(b), We shall pay You for each referred Active Member (as defined below) of the Services (the “Commissions”) at the rate set forth on the Affiliate Portal, which may be modified from time to time by LINKXL upon prior written notice to You. For purposes of this Agreement, an “Active Member” means (i) a new member that has not previously subscribed to our Services; and (ii) The new member either buys or sells our service to or from another LinkXL member. (iii) We collect full payment for the Services from such customer. You are responsible for any sales, use, excise, or similar tax due under this Agreement. In no event shall LINKXL be responsible for taxes based on your net income or gross receipts. 2. Commissions payable under this Section 5 are subject to offset for (i) amounts We were unable to collect from suppliers as a direct result of the sale of the Services to a customer; (ii) Services returned, resulting in a charge back, or otherwise canceled by a customer; (iii) Commissions paid to You in error; and/or (iv) orders for the Services were deemed to be fraudulent. 6. Proprietary Information. Each Party agrees that it will not make use of, disseminate, or in any way disclose any of the other Party’s or a supplier’s Proprietary Information (as defined below) to any other person, firm, or business, except for any purpose the disclosing party may authorize in writing at a later time. “Proprietary Information” shall include, without limitation, performance, sales, financial, contractual and marketing information, ideas, technical data and concepts originated by the disclosing Party, or a party on its behalf, not previously published or otherwise disclosed to the general public, including the terms of this Agreement. 7. Representations and Warranties. Each Party represents and warrants to the other Party the following: (a) it has all right, title and power necessary to enter into and perform its obligations under the Agreement; and (b) it is and shall remain in compliance with all federal, state and local laws applicable to the conduct of its business and performance of its obligations under this Agreement, including, but not limited to, CAN-SPAM Act of 2003; and (c) You further represents that the promotional activities conducted pursuant to this Agreement do not and will not contain any material that (i) is misleading or deceptive, or (ii) is libelous, defamatory, obscene, or pornographic, intended to harass or annoy, or Link to any site containing material of the type described in the preceding sentence. 8. Indemnification. 1. Each Party shall indemnify, defend, and hold harmless the other Party and its officers, directors, employees, and agents (and with respect to your indemnification obligations, suppliers) from and against any and all third- party damages, liabilities, costs and expenses (including reasonable attorney's fees) arising from or relating to such Party’s breach of any of its (a) representations or warranties set forth in Section 7 above; and (b) with respect to your indemnification of LINKXL.com, any breach of Sections 2, and 4. 2. The Party seeking indemnification (the “Indemnitee”) shall promptly notify the indemnifying Party (the “Indemnitor”) of any such claim and the Indemnitor shall bear full responsibility for the defense of such claim at its sole cost, provided, however, that (a) the Indemnitor shall keep the Indemnitee informed of, and consult with the Indemnitee in connection with the progress of such litigation or settlement; (b) the Indemnitor shall not have any right, without the Indemnitee’s prior written consent, which consent shall not be unreasonably conditioned, withheld or delayed, to settle any such claim; and (c) Indemnitee shall have the right to participate in the defense of a claim with counsel of its choice at its own expense. 3. The indemnifying Party's obligations are conditioned upon the indemnified Party (a) providing the indemnifying Party with prompt written notice of any claim, suit or proceeding for which the indemnified Party is seeking indemnity; and (b) reasonably cooperating with the defense or settlement negotiations, as the case may be, conducted by the indemnifying Party. 9. Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7 ABOVE, EACH PARTY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THEIR RESPECTIVE OBLIGATIONS AND OFFERINGS UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, GUARANTEES, AND CONDITIONS OF ANY KIND, WHETHER INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE. 10. Limitation of Liability. EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 8, AND CLAIMS ARISING UNDER SECTION 6, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER, OR TO ANY THIRD PARTY, FOR CLAIMS ARISING UNDER THIS AGREEMENT, FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS OR LOST BUSINESS, WHETHER FORESEEABLE OR UNFORSEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. 11. AFFILIATE ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT MAY BE MODIFIED BY LINKXL BY POSTING A NOTICE OF SUCH MODIFICATION ON THE AFFILIATE PORTAL. AFFILIATE’S CONTINUED ACCESS TO THE AFFILIATE PORTAL AND/OR MARKETING OF THE SERVICES SHALL BE AN UNREFUTABLE ACCEPTANCE OF ANY SUCH MODIFICATION. NO OTHER AMENDMENT OR MODIFICATION OF THIS AGREEMENT SHALL BE BINDING UNLESS IT IS SET FORTH IN A WRITING SIGNED BY BOTH PARTIES. 12. Miscellaneous. Each Party is an independent contractor of the other and shall not be deemed to be an agent, partner, joint venture, franchisor-franchisee with the other for any purpose. Neither Party may, without the other Party’s prior written consent, which consent shall not be unreasonably withheld or delayed, assign or transfer this Agreement, or any of its rights or obligations under this Agreement to any person or entity. All notices permitted or required under the Agreement shall be provided in writing (excluding e-mail) to the address provided in the preamble above and shall be deemed to have been delivered (a) on the date personally delivered by courier, (b) upon the second business day after the date sent for notices sent via overnight delivery, or (c) upon the fifth business day after the date sent for notices sent via certified mail. This Agreement shall be construed and governed by the laws of the State of Michigan, without regard to the conflicts of law provisions. Except as otherwise provided in the Agreement, each Party shall pay its own legal, accounting, out-of-pocket and other expenses incident to the performance of its obligations under this Agreement. This Agreement, together with any Exhibits attached to the Agreement, constitutes the entire agreement between the Parties concerning the subject matter of the Agreement and supersedes any prior or contemporaneous agreements concerning the subject matter of the Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of the Agreement (whether or not similar), nor shall any such waiver constitute a continuing waiver unless expressly provided otherwise. Except for claims arising under Sections 6, or subject to indemnification under Section 8, any and all disputes arising out of or in connection with this Agreement shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association. The arbitration proceeding shall take place in the county of Oaklan, city of Southfield, Michigan and any award rendered shall be final and binding upon the Parties. Both Parties waive the right to a jury trial. Each Party will pay its own attorney's fees and costs associated with any such arbitration proceeding. Neither Party shall issue a press release or make a public announcement concerning the other Party or this Agreement, or any related transactions between the Parties, without first obtaining the prior written consent of the other Party. Each supplier of Services available for promotion under this Agreement is an express third-party beneficiary under this Agreement. Each supplier may take any equitable or legal action required, without the requirement to post a bond, to enforce the provisions of this Agreement. EXHIBIT A - Marketing Guidelines GENERAL ADVERTISEMENT POLICY AND PROCEDURES 1. Advertising. For purposes of this Exhibit, “Advertising” includes, but is not limited to: television advertising, infomercials, radio advertising, print, billboards, duratrans, posters, internet banner ads, pop-up ads, text ads, emails and other internet content and advertising, and shall be synonymous with the term Advertisement in the Agreement. All portions of the Affiliate Site, web page or any advertisement that references the Services, includes the LINKXL Marks, and/or a other authorized trademark or tradename which usage has been granted in accordance with the Agreement, will be considered “Advertising” subject to the approval requirements set forth in this Exhibit and any other policies and procedures provided to You. 2. Approval of Advertising. Only Advertising approved by Us in writing may be used to market the Services. All Advertising generated by You or your agents must be submitted to Us through the Affiliate Portal in the “Contact us” page for approval. We shall use commercially reasonable efforts to approve or disapprove all such Advertising within ten (10) business days of receipt; provided, however, that failure to approve or disapprove any Advertising shall not be deemed approval by LINKXL. Approved Advertisements that are modified, amended, altered or changed in any manner by You are no longer approved and are subject to the approval process set forth in this Part 2. Upon a sale, transfer, removal, change of URL or cessation of use of any approved Affiliate Site or webpage, any such website will no longer be deemed approved for purposes of advertising the Services. 3. Advertising Guidelines. Advertising must: (a) be completely factual; (b) conform to the highest industry standards of advertising; (c) conform completely to applicable laws, including, if applicable CAN-SPAM Act of 2003; and (d) You must develop a comprehensive plan to comply with all applicable legal requirements and, upon Our request, demonstrate your full compliance with such laws. Advertising must also adhere to this Guide, the terms and conditions of the Agreement, and all policies and procedures provided to You. The following are some general guidelines that You need to follow in creating any Advertising: 1. Some states prohibit certain uses of the term "Free" in advertisements or marketing materials, or restrict the advertisement of prices with a mail-in rebate. Please check the state laws where you conduct business for clarification. In any case, use of the word "Free" in advertising or marketing materials requires the appropriate legal disclaimer in close proximity to the word "Free." 2. Standard direct mail is allowed but only if such direct mail is sent only to your membership or customer lists, the direct mail contains your extension and promotional code reflecting your Affiliate ID and it is clear that the direct mail is being sent by You. 3. Direct email solicitation may be permitted if the emails follow the requirements set forth below: 1. You are prohibited from generating email that offers the Services or in any way contains references or links to LINKXL or supplier not otherwise authorized by LINKXL, without first obtaining written approval from Us. After You obtain written approval from Us, You must comply in all respects with this Guide. LINKXL’s written approval must be obtained for each email campaign. 2. In addition to You complying with all applicable laws, Affiliate is required to comply with the following email rules: 1. The “From” line of each email must contain either Affiliate’s name. Neither LINKXL’s nor a supplier’s name may be included or referenced in any way in the “From” line. 2. The recipient of your email has been clearly and fully notified of the collection and use of his email address. The recipient is then sent an email asking them to confirm they would like to remain on the list. The recipient must take a positive action, either replying to the email or clicking on a link, before the subscription is activated. 3. Information - all of your emails must have valid contact information including your physical address. All domains used must have valid who is information in their registration. Use of a privacy service or other means to hide information from people is prohibited. 4. Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines. All mail must be sent only to confirmed opt-in subscribers. 5. You will create a process by which email recipients may opt-out of receiving future email from Affiliate. You must have the necessary processes in place to immediately remove such email address from its email list. Among other things, Affiliate must maintain a “do not email list” and every opt-out request must be placed on this list. You agree to honor opt-out request and not e-mail recipients who have opted out of receiving communications from You. 6. If You intend to generate email through a third party vendor, You must disclose the identity of that vendor to Us. You are responsible for all emails generated on your behalf by a third party and such emails must comply with all requirements set forth in this Exhibit. 7. You must submit for LINKXL’s prior written approval a marketing plan describing how many times and how often an email will be generated to any one email address. You are not permitted to send an email to any one email address more than once in any 30-day period for advertisements of the Services. 8. You must at a minimum have all email lists scrubbed against LINKXL’s and suppliers’ “do not email” list and Affiliate’s own “do not email” list before any email campaign begins. 9. At LINKXL’s request, You must provide the statistics regarding each email campaign, including without limitation, the number of emails sent, the number of recipients who clicked through, the number of applicants for whom You submitted credit applications and total gross activations. 10. Any email offering Services must contain all applicable LINKXL/supplier rate plan information. 11. ALL affiliates are strictly prohibited from sending any email marketing messages including SPAM or UCE (Unsolicited Commercial Email). If you wish to market your Affiliate link via email then please contact us at LINKXL Directly for prior written approval. LINKXL takes spamming very seriously and failure to abide by this rule will result in the termination of your LINKXL Affiliate account, and the forfeiture of any outstanding commissions due to you. 4. You may not use any adware services (also referred to as contextual or behavioral network services), via a third party or via its own internal operations. Adware services are defined as pop-up ads, banner ads, page views or other forms of media based on user behavior, including search queries or visits to specific URLs, which are served based on software downloaded by the user. Adware service networks forbidden include, but are not limited to, Claria, WhenU, HotBar, Exact Advertising, 180 Solutions, MarketMaker, Best Offers, Zone Media, Tremor Network and Contextweb. 5. Linking to or otherwise pulling images or materials from a supplier’s website is strictly prohibited. You may only use images and materials provided by LINKXL to You for Advertising purposes under this Agreement. 6. You must not advertise the Services on unsuitable websites. Such websites may include: websites that are under construction; websites containing hate, violence, sexually explicit, offensive, and/or illegal content; websites promoting excessive drinking and/or drug use; websites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, and/or age; websites with materials that may be considered libelous, disparaging, and/or defamatory; websites misusing or misspelling LINKXL’s and/or supplier’s name or other trademarks, service marks, tradenames and/or logos; websites that incorporate materials that infringe upon copyright, trademark or other intellectual property rights of a third-party; or websites which, in LINKXL’s sole opinion, may negatively effect LINKXL’s or supplier’s brand. 7. Telemarketing – LINKXL does not permit outbound telemarketing in any circumstances including the use of dialers or facsimile advertising (fax blasting). LINKXL’s agreement with all Suppliers forbids this type of activity. Violation of this policy will result in Affiliate’s immediate termination without payment of commissions. 8. LINKXL reserves the right to report Affiliates that commit fraud to suppliers and suppliers maintain the right to prohibit such Affiliates marketing such supplier’s products and/or services. 9. The Affiliate program is designed for Affiliates based in the United States and Canada. In order for foreign Affiliates to be considered for participation in the Affiliate Program, Affiliate must contact LINKXL directly for approval. $25 for each Active Member that you recruit (Level I sales) $5 for each Active Member that your sub-affiliates recruit (Level II sales) (These are the affiliates brought in by affiliates who you recruited) Pay Per Click Marketing: You are expressly forbidden from bidding onLINKXL related keywords with your LINKXL affiliate link. Failure to abide by this rule will result in the termination of your LINKXL affiliate account, and the forfeiture of any outstanding commissions due to you. LINKXL will also seek indemnification from you should LINKXL experience any financial costs due to your prohibited actions. We appreciate your compliance with this policy. View Prohibited Practices Notice. SPAM Compliance Statement: ALL affiliates are strictly prohibited from sending any email marketing messages including SPAM or UCE (Unsolicited Commercial Email). If you wish to market your affiliate link via email please contact us at Affiliate Support for prior written approval. LINKXL takes spamming very seriously and failure to abide by this rule will result in the termination of your LINKXL affiliate account, and the forfeiture of any outstanding commissions due to you. LINKXL will also seek indemnification from you should LINKXL experience any financial costs due to your prohibited actions. We appreciate your compliance with this policy. View Detailed LINKXL SPAM Compliance Statement Payment Schedule: Checks are cut and mailed before the 15th of each month for the prior month. Please allow normal time for the US mail to reach you. AFFILIATE AGREEMENT In order to be compensated as an AFFILIATE for referring customers to our services, you agree to the terms and conditions of this agreement. LINKXL and AFFILIATE are entering into a simple business agreement in the best interests of both parties. AFFILIATE and LINKXL are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement. AFFILIATE shall indemnify and hold LINKXL harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will LINKXL be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, LINKXL aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. LINKXL will own all right, title and interest in and to all information that is created or collected in the operation of the LINKXL site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE. It is the full responsibility of AFFILIATE to market these Systems and Products in a legal, ethical and honest fashion and AFFILIATE agrees that LINKXL will be held harmless from any and all actions of AFFILIATE and AFFILIATE marketing and promotional programs. Affiliate shall at all times comply with all local and Federal spam, and fax broadcast laws. Any affiliate advertisement that does not comply with applicable local, state or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of LINKXL 's trademarks, marks and names. Should action be brought against LINKXL for such activity by Affiliate, Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to LINKXL's legal costs for any alleged infraction of these laws. LINKXL reserves the right to amend all pricing plans, commissions or conditions relative to this agreement LINKXL reserves the right to terminate any affiliate with or without cause at the sole discretion of LINKXL with or without notice. By joining the LINKXL affiliate program, affiliate is tendering his/her personal guarantee of these terms and conditions. Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails. For commission purposes, a new customer shall be considered "active" on the date the referred customer either buys or sells a LINKXL. LINKXL will post all "active" customers to the affiliate tracking system upon receipt of this data. After a referred customer remains active for one month the referring affiliate will qualify for a commission. The laws of the State of Michigan shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Oakland County, MI should LINKXL request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Oakland County District Court, Michigan.
	I have read, understand and agree to the above terms and conditions.

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