terms and conditions of our affiliate program
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Restaurant Success System Affiliate Program Agreement |
This Agreement, made and entered by and between Restaurant Success Inc. (“RSSS” or “we”), a North Carolina Corporation, with its principal place of business at 300 Dominion Drive, Suite 650, Morrisville NC 27560, and you, the affiliate (“you” or “Affiliate”) contains the complete terms and conditions that apply to your participation in the RestaurantSuccessSystem.com Affiliate Program (the “Affiliate Program” or “Program”)
Any questions or issues related to the Affiliate Program should be sent to info@RestaurantSuccessSystem.com .
RSSS may terminate this Agreement anytime if your site (or email content) is determined (at our sole discretion) to be unsuitable for the Program. Only participants, sites or email content based in the United States, United Kingdom, Canada, or Australia are eligible to participate in the RestaurantSuccessSystem.com Affiliate Program unless an exception is granted in writing from RSSS.
1. Enrollment in the Program
You Agree To:
- Submit a complete and accurate Affiliate Application
- Keep your information updated in our system (You can update your account information when you are logged into the Affiliate Management Center)
You Agree Not To:
- Mislead others
- Operate, utilize, or publish a Web site or email content, or link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that offer any illegal good or service
- violate intellectual property rights
- Engage in spamming, indiscriminate advertising or unsolicited commercial email; and/or
- Engage in cybersquatting or typosquatting
2. Promotion of Our Affiliate Program
Upon joining as an Affiliate Site, we will make available to you (via the RestaurantSuccessSystem.com Affiliate Management Center) a variety of graphic and textual links (the “Links”), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
RSSS Agrees To:
Pay Affiliate based on the following commission structure:
Product Name Restaurant & Catering Super Summit
Retail Price $199 ($99 for NCRLA and RSS members)
Commission 25% first tier, 5% second tier
Affiliate Gets $49.75 first tier, non member
Product Name The Best Restaurant Business Plan… EVER!
Retail Price $347
Commission 25%
Affiliate Gets $86.75
Product Name Complete Restaurant Success System (Inner Circle Level)
Retail Price $797
Commission 25%
Affiliate Gets $199.25 plus $11.75 per month of inner circle membership
Product Name Complete Restaurant Success System (Top Tier Coaching Level)
Retail Price $996
Commission 25%
Affiliate Gets $249.00 plus $74.25 per month of Top Tier membership
Product Name Complete Restaurant Success System (Super Performer Level)
Retail Price $1497
Commission 25%
Affiliate Gets $374.25 plus $124.75 per month of Super Performer membership
Product Name Restaurant Marketing Planner
Retail Price $147
Commission 25%
Affiliate Gets $36.75 plus $19.75 per month of membership (Member is enrolled in Restaurant Marketing Planner and Inner Circle Membership)
Products that have membership/ongoing commissions are paid for the length the person is en
“Commission” is earned when someone you refer from your site purchases the “Restaurant Success System”. “2-Tier Reward” is earned when a “sub affiliate” refers someone that purchases the system through their links.
Pay Affiliate on a monthly basis on or before the 15th of each month for earnings made two calendar months previously. Affiliate is paid as we are paid; example - if someone processes on a payment plan you are paid as we are paid. If they pay in three payments then you are paid in three payments. Returns made with the first 60 days do not apply for affiliate commission.
Affiliate Agrees To:
- Place RestaurantSuccessSystem.com Links on your site and/or your email content.
- Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
- Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
- Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
- Make sure that your site does not copy or resemble the look and feel of RestaurantSuccessSystem.com or create the impression that your site is our site or a part of our site.
- Remove any and all specific links, ads, and promotions upon being notified that they are to no longer be used for promoting the RestaurantSuccessSystem.com Affiliate Program and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us at info@RestaurantSuccessSystem.com and receiving our consent.
Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
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 Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in producing sales of our product. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the RestaurantSuccessSystem.com Affiliate Program. We may revoke your license anytime by giving you written notice.
Disclaimers
We make no express or implied warranties or representations with respect to the RestaurantSuccessSystem.com Web site or the RestaurantSuccessSystem.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Termination
The terms of this Agreement will begin upon receipt of your application. This Agreement shall commence on the date of submittal of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all RestaurantSuccessSystem.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
Modifications
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
Anti-Spam Policy
Affiliates will be removed from the RestaurantSuccessSystem.com Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed in anyway, shape, or form and will not be tolerated. There are no expectations. If you spam you can expect to be terminated.
Independent Contractors
You and RSSS are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
Customers
Those who purchase products through the Affiliate Program will be deemed to be customers of RSSS Corporation. All products, services, and offers not defined by the Affiliate Program, but offered to such customers by RSSS are non-commissionable.
Representations and Warranties
You hereby represent and warrant to us as follows:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.
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 Web site. You have independently evaluated the desirability of participating in the RestaurantSuccessSystem.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Fraud
If you commit fraud or falsify information in connection with the order placement for our product through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to RSSS for any and all damages that RSSS suffers as a result of such actions. You will also be responsible for returning to RSSS all commissions received for fraudulent/falsified sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
Assignment
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of RSSS
Reservation of Rights
RSSS may terminate this Agreement at any time if your site or email content is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. RSSS also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
Governing Law
This Agreement will be governed by the laws of the United States and the State of Maryland, 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 the State of Maryland, 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 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 a provision or any other provision of this Agreement.
Applicable Products
Restaurant & Catering Super Summit
Restaurant Success System Our roll up package purchased at any level
Restaurant Start-up purchased at any level
Restaurant Operations
CaterNow
Catering Bible
