Important: Your application will not be accepted without a signed operating agreement
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the BizMiner Affiliate Program (the "Program") sponsored by the Brandow Company Inc. As used in this Agreement, "we" means the Brandow Company, Inc, developer of BizMiner Profiles, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Brandow Company Inc.’s BizMiner site or to the site that you will link to our site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program Application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:
o promote sexually explicit materials.
o promote violence.
o promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
o promote illegal activities.
o violate intellectual property rights.
If we reject your application, you are welcome to reapply to the Program at any time.
2. Links on Your Site
o You will display on your site a short description, review, or other reference to BizMiner Profiles. You will provide a special link from each product reference on your site to the corresponding BizMiner home page, using a special link format that we give you.
3. Order Processing
We will process product orders placed by customers who follow special links from your site to the BizMiner site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will make available reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
4. Referral Fees
We will pay you referral fees on certain BizMiner Profile sales to third parties. For a product sale to generate a referral fee, the customer must follow a special link (in the format specified by the Brandow Company Inc.) from your site to the BizMiner site; purchase BizMiner Financial Analysis Profiles, Marketing Research Profiles, , Industry Data Buffet, Business Risk Index, Local Business Summaries, Area Demographic Profiles or State Market Indices (Qualifying Products) using our automated ordering system; accept delivery of the product online; and remit full payment to us through our secure online payment process. The Brandow Company Inc. reserves the right to specify and change which products qualify for referral fees for the purposes of the Program. The current Referral Fee is set at a sliding scale as follows for each calendar year:
1-99 Profiles:15%
100-199 Profiles: 20%
200-299 Profiles: 25%
300-399 Profiles: 30%
400-plus profiles: 35%
The Referral Fee refers to the percentage the Brandow Company Inc.'s Net Receipts. Net Receipts shall mean the amount collected by the Brandow Company Inc. in connection with sales of Qualifying Products made through the special link, less shipping costs, taxes, returns or chargebacks on such Qualifying Products. The Brandow Company will absorb credit card fees incurred during the transaction process.
5. Fee Payment
We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each month, we will send you a check for the referral fees earned on products that were shipped during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $100.00, we will hold those fees until the total amount due is at least $100.00 or (if earlier) until this Agreement is terminated. If a product that generated a referral fee is returned by the customer, we will deduct the corresponding fee from your next payment. If there is no subsequent payment, we will send you a bill for the fee.
6. Reports to Affiliates
The Brandow Company will post secure electronic reports of affiliate activity, accessible by the affiliate with the affiliate username and password. Reports will include, but not be limited to: monthly and annual revenue totals, the volume and type of reports purchased through affiliates, date of purchase and revenue share for purchased reports. At its discretion, the Brandow Company may email part or all of the above monthly as an alternative to online posting.
7. Termination
Each Party shall be entitled terminate this Agreement at any time, for any reason, and in their sole discretion. If either party terminates this agreement they shall provide immediate notice by email or in writing to the other party, specifying the date of the termination. In the event you terminate this Agreement, your enrollment and participation in the Program will immediately cease and you will immediately remove all links on your site to any BizMiner pages. In the event we terminate this Agreement we will pay to you in the regular course of business all Referral Fees accrued prior to the date of termination but will be responsible for payment of no other Referral Fees.
8. Confidentiality
Each Party shall be entitled to disclose the existence of this Agreement, but agrees that the financial terms of this Agreement (including the amount of the Referral Fees) shall be treated as confidential and shall not be disclosed to any third party; provided, however, that each Party may disclose the financial terms of this Agreement to the extent: (i) required by a court or other governmental authority, or otherwise as required by law; or (ii) on a "need-to-know" basis under an obligation of confidentiality to its legal counsel, accountants, banks and other financing sources and their advisors; or (iii) in connection with an actual or proposed merger, acquisition or investment involving such Party. To the extent we obtain personal or business information from you or third party customers who visit the BizMiner site, pursuant to and in connection with the Program, that information will not be commercially sold or distributed to third parties.
Date signed:
Company:
Linked web site (home page url):
Authorized company representative (print):
Signature: