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eBirdseed.com Affiliate Program

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) 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 referral fees paid or payable to you under to this Agreement.

4) Independent Investigation: You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

5) SPAM: eBirdseed.com has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines if the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.

6) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of North Dakota, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Fargo, North Dakota, and you irrevocably consent to the jurisdiction of such courts. 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 be 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.

We shall pay you 10% of Gross Revenue for each confirmed sale in a reporting period. Reporting periods shall be measured monthly. Only affiliates who are approved by eBirdseed.com at the time of receipt of a customer purchase(s) will be eligible for payment under this Agreement. Payments will be issued via check on a monthly (calendar year) basis to each affiliate having an accrued balance of $25.00 or greater. Balances of less that $25.00 will be credited towards the next calendar month. Payments will be made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate.

A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to an affiliate will be deducted from the next monthly payment. We will provide You with links, including URL addresses, written copy and appropriate graphics (the Link Materials), with which you may link your Web site to our Web site.

Tracking of Sales: We will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. We will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by us to track sales, affiliates hereby acknowledge and accept that the tracking system employed by eBirdseed.com is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:

  • Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on
  • Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale
  • Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time
  • Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.
  • As such, affiliates will not hold eBirdseed.com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.


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