Operating Agreement...

This agreement describes the entire terms and conditions for participation in The LandlordTools Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to The LandlordTools Website. Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refer to Landlordtools and the terms "product" or "products" refer to the Excel Real Estate Analyzer, The Home Analyzer, The Complete Landlord Forms and Letter Package and The Complete Property Management Manual and System.

You can add or remove links at any time: You may add as many links to Landlordtools.com, or remove such links, at anytime and without prior approval from Landlordtools.

Referral Fee Qualifying Products: Any Products, Books and software sold by Landlordtools.com originating from a special link or links at your sponsoring website qualify to earn you referral fees. The following products will be considered "qualifying products":

• Products that meet the following criteria:
  1. Products sold to customers who follow a special link from your sponsoring website to our site and submit that order.
     
• The following products will not be considered qualifying courses for referral fees:
  1. Courses sold through any other special link to our site other than the specific URL's that you are assigned to your sponsoring website.

Referral Fee Amount: The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Landlordtools.com, shipped/sent to a customer and for which Landlordtools.com has received full payment will qualify for a referral fee.

The amount of referral fee paid to any affiliate will be 40% of any direct product sale. You will also receive an additional 10% bonus for any sales generated by any affiliate who you signed up directly under you.

Referral Fee Payment: Landlordtools.com will send a referral fee check for the applicable referral fee approximately 10 days after the 1st of each calendar month.

A statement of customer purchase activity to the Participant will be sent each quarter of the calendar year.

Referral Fees:

Returns and Cancellations: If a referral fee qualifying course is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.

Order Processing: Landlordtools.com will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use Landlordtools.com secure online ordering process, Landlordtools.com 800 phone line, or Landlordtools.com mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Landlordtools.com.

All of the rules, operating procedures and policies of Landlordtools.com regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Landlordtools.com reserves the right to reject any order that does not comply with our rules, operating procedures and policies.

Tracking of Sales: Landlordtools.com will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of course sales activity will be provided to the Participant in realtime with a special URL that they are assigned.

Promotional Techniques: You are free to promote the link to Landlordtools.com in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the course on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of Landlordtools.com.

As well, if you choose to promote the Landlordtools.com SubReseller Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote the Landlordtools.com Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Landlordtools.com.

References/Testimonials: You agree to cooperate with Landlordtools.com in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of the Landlordtools.com. To put it bluntly, it's not worth trying!

Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, course descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Landlordtools.com will not be responsible if you use another party's copyrighted material in violation of the law.

The Internet Marketing Center® policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Landlordtools.com. The Participant does not have the authority to make or accept any offer on behalf of Landlordtools.com. All Landlordtools.com policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Landlordtools.com is not responsible for any representations made by the Participant which contradict our policies.

Product prices and availability: The price charged for every product sold under this program will be determined by Landlordtools.com according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Landlordtools.com webpage linked from your sponsoring website.

Product availability can change, and Landlordtools.com will present the best information available to all sponsoring sites and its clients regarding product availability.

Website service interruption: Landlordtools.com will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Landlordtools.com liable for any of the consequences of such interruptions.

Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services.

Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Landlordtools.com, and shall end when canceled by either party as provided below.

Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The agreement may be modified: Landlordtools.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of this agreement: Either Landlordtools.com or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Warranty Disclaimer:

The Internet Marketing Center® makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in The Internet Marketing Center®'s then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: Landlordtools.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if Landlordtools.com has been advised of the possibility of such damages. Further, Landlordtools.com aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Landlordtools.com to Participant under this agreement.

Miscellaneous: Participant and Landlordtools.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Landlordtools.com. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Governing Law: This agreement shall be governed by the laws of the United States  without reference to its choice of law principles.

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If you experience any problems, please email Dave@landlordtools.com