Integrity Professional Business Solutions
1208 Nicely Avenue Montoursville, PA 17754 ¨ (570) 772-4229 ¨ www.IntegrityPBS.com
The following are terms and conditions for participating in the Integrity
Professional Business Solutions Affiliate Program. "Affiliate" refers to you,
and "IPBS" refers to Integrity Professional Business Solutions.
IPBS reserves the right to amend this agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliate. The continuation of Affiliate status or Affiliate's acceptance of income or bonuses shall constitute Affiliate's acceptance of any and all amendments.
1. Affiliate agrees that an IPBS Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of IPBS. Affiliate further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of IPBS.
2. Affiliate must be of the age of majority in his/her state or country.
3. All Affiliate applications are subject to approval by IPBS.
4. Affiliate agrees to receive IPBS e-mail, including but not restricted to sales reports, training, newsletters, plus messages from IPBS.
5. Contact information (e-mail address, phone number, address, etc.) may be provided to your IPBS Personal Sponsor (the person who directly referred you to IPBS or whose advertising generated your registration). Contact information is not disclosed to any other party.
6. A household is allowed to have more than one affiliate.
7. Affiliate agrees to present the IPBS Compensation Plan and IPBS products and services as set forth at the official IPBS Website. Affiliate will make no claims regarding potential income, earnings, products, or services beyond what is stated at the official IPBS Website. Affiliate further agrees not to reproduce commission checks or distribute commission checks in any form or by any means.
8. Affiliate agrees not to disparage IPBS, other IPBS Affiliates, IPBS products, the IPBS compensation plan, IPBS employees, or IPBS Independent Contractors. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions.
9. Affiliate agrees not to register other affiliates without their permission. Registering new affiliates without their permission is strictly forbidden and is grounds for suspension or termination of your account. Opt-in list registration is fine.
10. Affiliate agrees to not utilize SPAM in promoting IPBS. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of the IPBS Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by IPBS. Any service interruptions to IPBS as a result of Affiliates spamming will be billed to Affiliate at $200 U.S. dollars per hour until service is restored.
11. For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about IPBS, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
A. Sending IPBS information to your family and friends.
B. Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
C. You may include information on IPBS in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.
12. IPBS also considers ANY type of advertisement about IPBS posted to a newsgroup or chat room to be spam. Violators may be fined at $50 U.S. dollars per incident.
13. Affiliate agrees to provide IPBS with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.
14. Although the IPBS Affiliate Program is not limited to the United States of America, all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by company check and sent out monthly on or about the 10th for the previous month's sales. To cover IPBS processing costs of Affiliate commission check, IPBS will deduct $1 (one dollar). If a sale is canceled or refunded, the related commission will be deducted from a subsequent payment. The minimum commission check that will be sent out is $20 (after processing fee).
15. Affiliates who opt out of the IPBS program lose all pending commissions and residual income. All personally sponsored affiliates/referrals and previous relationships with other IPBS affiliates and members will be voided at this time.
16. Affiliate may promote other business along with IPBS products and services.
17. IPBS is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.
18. IPBS will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, IPBS is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. Affiliate understands that Affiliate tracking can never be 100% accurate and IPBS is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of IPBS. It is the goal of IPBS to make Affiliate tracking as accurate as possible. However, IPBS cannot guarantee 100% tracking for situations beyond its control.
19. To protect IPBS customer privacy, if deemed necessary, IPBS reserves the right to withhold identifying customer contact information from Affiliate.
20. IPBS reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display an IPBS logo, image, or trademark which may be distasteful, defame, or misrepresent IPBS.
21. Affiliate shall follow IPBS advertising guidelines and agrees not to misrepresent IPBS products or services. Affiliate further understands that prohibited sites for advertising IPBS products or services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities. Any such advertising will mean immediate termination from the IPBS affiliate program.
22. Affiliate may not assign rights or delegate duties under this Agreement without the prior written consent of IPBS. Upon request, IPBS will provide Affiliate with guidelines for the sale, transfer, or assignment of Affiliate's IPBS business.
23. IPBS 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 if IPBS has been advised of the possibility of such damages. IPBS aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by IPBS under this agreement.
24. Affiliate agrees not to present others' creative works—in full or in part—as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination of membership.
25. IPBS makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.
26. Both IPBS and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so 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 is paid.
27. In the event that a provision of this Agreement is held to be invalid or unenforceable, such 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.
28. This agreement will be governed by and construed in accordance with the laws of the State of Pennsylvania, unless the laws of the state in which Affiliate resides expressly require the application of its laws. This agreement is further governed by and construed in accordance with the laws of the United States of America.
IPBS hereby disclaims all express and implied warranties for all products, goods or services, including the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. All products, goods, or services are provided AS IS with respect to IPBS. Any warranty or other remedy offered by the original manufacturer or party offering any services, if any, is offered only by such entity and not by IPBS.
IPBS obligations and your remedies hereunder are solely and exclusively as described and limited herein. IPBS's liability, whether based on contract, tort, warranty, strict liability, or other theory, shall not exceed the price of the individual unit of goods, products, or services of which the alleged defect or damage is the basis of the claim. In no event shall IPBS be liable for any loss of profits, loss of use, or other indirect, incidental, or consequential damage.
IPBS's display of any products, goods, or services offered by or originating from a party other than IPBS are not intended nor offered as information or data comprising any claim or representation as to such products, goods, or services by IPBS. Any ultimate purchase of any product, good, or service from IPBS is made subject to the law of the State of Pennsylvania, which substantive law shall control the relationship of the parties.
Any controversy, dispute or claim between IPBS and any other party arising out of/or involving any IPBS business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Association. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
The arbitrator shall apply Pennsylvania substantive and procedural law to the proceeding. The demand for arbitration must be in writing and must be made by the aggrieved party within 90 (ninety) days of the event giving rise to the demand. The arbitration shall take place in Williamsport, Pennsylvania.
The arbitrator's power to award a remedy shall be limited to monetary damages. Should either party wish to seek injunctive relief or other non-monetary relief, such claims shall be brought exclusively in a court of competent jurisdiction located in the State of Pennsylvania, County of Lycoming.
The arbitrator shall determine if there is any prevailing party, and the prevailing party shall be awarded only such fees and expenses as are permitted under the law of the State of Pennsylvania. The fees for the arbitrator shall be paid equally by both parties. The parties understand and acknowledge that by agreeing to arbitration, they are giving up any right they may have to a judge or jury trial with regard to all issues subject to arbitration.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.