By signing up as an affiliate with Calahan Solutions, Inc., you agree to the following Terms of Service.
This agreement is by and between Calahan Solutions,Inc. and/or their assigns and all subscribers. Unless the context requires otherwise, Calahan Solutions,Inc. and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or subscriber.”
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.
You understand that Stephanie LH Calahan, Calahan Solutions,Inc. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Stephanie LH Calahan, Calahan Solutions,Inc. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Stephanie LH Calahan, Calahan Solutions,Inc. and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Throughout this agreement, “affiliate program” refers to the referral partner and affiliate program operated by the Calahan Solutions, Inc. It incorporates our Terms and Conditions of Use (located on our websites) as if it were set forth in full.
AFFILIATES AND REFERRAL PARTNERS
As an referral partner or affiliate, you are an independent contractor of Calahan Solutions, Inc. and not an employee. No part of this arrangement is intended to create an employer/employee relationship.
SERVICES TO BE PROVIDED
We agree to pay you certain commissions as described on our website for referral sales made by customers. Whenever someone makes a purchase 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 rates are generally anywhere from 10%-52%.
Commissions are paid once per month by payment processor on the last day of the month for sales made from the first through the last day of the previous two months, and are paid by Calahan Solutions, Inc. For example, sales made in November are paid in January. This allows us a smooth payment flow and ensures that if there are any returns for our 30 day guarantee that it is all resolved prior to payment.
There is a minimum commission amount of $100. 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 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 PayPal or bank draft. Affiliates requesting bank drafts will have a processing fee of $15.00 deducted from the check. This fee may change at any time. Affiliates wishing to be paid by bank draft must request so in writing.
If you later terminate your paypal account or the account becomes unavailable for any reason, the Calahan Solutions, Inc. is not responsible for you not receiving the money. Each affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by Calahan Solutions, Inc.. This election is entirely made by the affiliate and the we assume no responsibility for non-receipt of payments made according to the payment processor elected by the affiliate, or the affiliate’s lack of ability to then conform to the payment processors or processes supported by the the us. We assume no responsibility for an affiliate not electing a payment processor. If you fail to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rate listed on the website is then applied to determine the amount due the affiliate. Any sums paid for payment processor fees are not commissionable. We 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.
As an affiliate of Calahan Solutions, Inc., your website on which you advertise any products or services of ours may only include products that are not capable of being viewed by persons 13 years of age or younger unless we specifically allow 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 Calahan Solutions, Inc., the website, the eBook(s), products, or your affiliate Link. On any website on which you include any reference whatsoever to Calahan Solutions, Inc., its products, services, and eBooks, 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 Calahan Solutions, Inc., you shall be liable for liquidated damages in the amount of $15,000 as well as actual and any consequential or actual damages that or Calahan Solutions, Inc. may incur.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
We do not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to Calahan Solutions, Inc. is rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
Calahan Solutions, Inc. and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings Calahan Solutions, Inc. 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.
We reserve the right to reject any affiliate application if, in our 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 we 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.
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, Calahan Solutions, Inc. will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. Calahan Solutions, Inc. 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 Calahan Solutions, Inc., 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. You agree 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).
You are 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.
We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Stephanie LH Calahan, Calahan Solutions,Inc. in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Stephanie LH Calahan, Calahan Solutions,Inc., ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion..
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
CHANGE OF TERMS AND CONDITIONS
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with this agreement.
NOTIFICATION OF ACCOUNT CHANGES
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Illinois USA, before instituting litigation.