4 Freedoms Affiliate Program
Terms and Conditions

The Agreement

4 Freedoms is a registered company in the Province of Quebec, Canada.

This agreement describes the entire terms and conditions for participation in The 4 Freedoms Affiliate Program.

In this agreement, the term "Participant" or "Affiliate" refers to you (the applicant), and "sponsoring web site(s)" refers to the web site(s) from which you will be linked to 4 Freedoms' web site. Wherever the agreement refers to "you" or "your", it means "the Participant" or "Affiliate"; "we" or "our" refer to 4 Freedoms. The terms "services" or "products" refers to the services and products offered for sale by 4 Freedoms on the Internet.

You may link as many sites as you want to 4 Freedoms' web site, or remove such sites, at anytime and without prior approval from 4 Freedoms.

Referral Fees

Hereafter referred to as "commissions" will amount to 5% of the price of those services or products specifically listed below. Only those services and products specifically included in this agreement will earn commissions. All other services and products that are offered for sale on the 4 Freedoms web site are excluded from this agreement. The 5 % commission is paid on the total purchase price including all taxes, handling and shipping charges if any are applicable! This means higher commissions for you.

List of 4 Freedoms Services and Products Eligible for Commissions

You shall continue to receive any commissions from your customer's purchases for a period of 90 days from the date your customer first visits 4 Freedoms' web site from your linked web site. Note: a cookie is created on your customer's browser when they visit 4 Freedoms. If they bookmark 4 Freedoms web site and return within the 90 days, a new cookie will be reset and you will have a full 90 days from that most recent visit.

This is not a two tier affiliate program. If a customer you refer to 4 Freedoms joins the affiliate program, you will not earn commissions on any sales they generate from their link to 4 Freedoms. You earn commissions only on customers you send to 4 Freedoms.

Inactive Accounts

Accounts receiving no sales over a period of six months may be cancelled at the discretion of 4 Freedoms.

Commission Payments

 The minimum commission check will be $25. We will hold all commissions until the amount owing exceeds that amount.

Commissions will be paid on the first of each month for any sales you have generated that have been paid by credit card at least 30 days before the first of the month. For example, on September 1 we will send checks for all orders received during the entire month of July. On October 1 we will send checks for all orders received during the month of August. The longest you will wait to be paid is 60 days after the credit card transaction (for a transaction on the first day of the month), and the shortest time would be 30 days after the credit card transaction (for a transaction on the last day of the month). Credit cards are approved instantly. If a customer registers for a workshop today, the credit card is approved on the spot.

4 Freedoms bills transactions in Canadian and US dollars. All commissions are paid by check. Checks will be mailed to the postal address you have specified when you fill out the affiliate application agreement. 4 Freedoms does not assume any liability for mail delivery failure. If you change your address it is your responsibility to notify 4 freedoms so we can have the correct mailing address. If a check is lost in the mail, we will cancel that check and re-issue a new check in the following pay period after we have canceled the original check. A check cancellation fee of $25 will be deducted from your commissions.

Returns and Cancellations

If one of your customers implements a charge back on any sale before you have been paid your commission, you will not receive a commission on that sale. If you have already been paid a commission, that amount will be deducted from any subsequent commissions that you earn until the amount has been recovered.

Order Processing

 4 Freedoms will be solely responsible for processing every order placed by a customer emanating from your sponsoring web site. Order entry and payment will be performed by Internet Secure online credit card processing service.

Order forms, payment processing, delivery of all services and products, cancellations, returns, and related customer service are the responsibility of 4 Freedoms.

Tracking of Sales

4 Freedoms will be solely responsible for tracking sales from your sponsoring web site(s) by utilizing the software provided by Affiliate Tracking Network. You will be solely responsible for ensuring that your web site(s) are operational. Statements of sales activity will be provided to you in real time with a special URL that you are assigned.

You can view a record of your affiliate transactions online. Enter your affiliate ID and password to view your statistics.

Since 4 Freedoms automated credit card orders and Affiliate Tracking Network's transaction tracking software, both rely upon the use of "Cookies", a small percentage of sales are not going to be credited to the participants account. The reason for this is that a small percentage of customers will have their "Cookies" disabled and we will have no way to track them as a customer referred from your web site. Also, all Fax, e-mail, telephone, or postal mail orders will be excluded from any transaction tracking and therefore not credited to your account unless the customer specifies that you referred them to us and gives us your affiliate ID.

Promotional Techniques

Examples of acceptable ways to promote your link to 4 Freedoms web site are through banners, text links, letters of recommendation to newsletter subscribers, or your established client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer our products for sale on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any sales generated for the month that you were terminated in will NOT be paid and will be property of 4 Freedoms.

Copyrighted Material

 As the Affiliate, you are solely responsible for ensuring that your reviews, product 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. 4 Freedoms will not be responsible if you use another party's copyrighted material in violation of the law. 4 Freedoms policy applies to all orders. Every customer who buys a service or product through this affiliate program is deemed to be a customer of 4 Freedoms. The Affiliate does not have the authority to make or accept any offer on behalf of 4 Freedoms. 4 Freedoms is not responsible for any representations made by the Affiliate which contradict our policies.

Services and Product Availability and Prices

 All workshops offered by 4 Freedoms have a limited number of available seats. Normally we will remove any workshop that is full from the registration form. In the unlikely event that a customer signs up for a workshop that is already full, we will make every effort to get the customer to enroll in a different workshop date that is available. If this is impossible, the customer will be given a full refund and no commission will be paid to the Affiliate on this sale.

4 Freedoms reserves the right to change the prices of any services or products at any time without notice to Participants. To see the currently available services and products, and the current prices, view the registration form(s) available online at our web site.

Web Site Service Interruption

4 Freedoms will make every effort to keep its web site and credit card processing operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold 4 Freedoms liable for any of the consequences of such interruptions.

Term of the Agreement

 The Affiliate will receive commission payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your online application is received by 4 Freedoms, and shall end when canceled by either party as provided below. Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the services or products are not returned or canceled.

Agreement Modifications

 4 Freedoms 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 web site.

Cancellation of Agreement

 Either 4 Freedoms or the Affiliate, acting in their sole discretion, may choose to cancel this agreement at any time by email and/or written notice of cancellation to the other.

Warranty Disclaimer

4 Freedoms makes no warranties, representations or conditions with regard to the services and products offered for sale 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:

 4 Freedoms shall have no liability for any direct, 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 4 Freedoms has been advised of the possibility of such damages. Further, 4 Freedoms 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 4 Freedoms to Affiliate under this agreement.

Relationship of Parties

Affiliate and 4 Freedoms 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. Affiliate shall not assign this Agreement, by operation of law or otherwise to any other party. 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.

You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.

Disclaimer

4 Freedoms WILL NOT BE LIABLE TO ANY AFFILIATE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE PARTICIPANTS SITE, REGARDLESS OF WHETHER 4 Freedoms WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE.. 4 Freedoms MAKES NO EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE).

Representations and Warranties

 You hereby represent and warrant to us as follows:

  1. This Agreement has been duly and validly executed and delivered by you when you submit an application to become an Affiliate and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. By submitting an application to become an Affiliate you agree that you have read this agreement in it's entirety.

  2. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate
    • any provision of law, rule, or regulation to which you are subject,
    • any order, judgment, or decree applicable to you or binding upon your assets or properties,
    • any provision of your by-laws or certificate of incorporation, or
    • any agreement or other instrument applicable to you or binding upon your assets or properties.
  3. You are the sole and exclusive owner of your web site(s) and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not:
    • breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or
    • infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
  4. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
  5. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any Affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

Confidentiality

 Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agree 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.

Indemnification

You hereby agree to indemnify and hold harmless 4 Freedoms and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on

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) ENGAGE IN SIMILAR ARRANGEMENTS 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 4 Freedoms Affiliate Program AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. .

Governing Law

 Assignment Waiver: This Agreement will be governed by the laws of the Canada and the Province of Quebec without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or Provincial courts located in Quebec 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.

Scope of Agreement:

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.

Notices

 All necessary notices and requests required or permitted to be given under this Agreement shall be in writing and delivered to the addresses as set forth in this agreement. The address for the Affiliate shall be that address listed in the Application to become an Affiliate and the address for 4 Freedoms shall be: P.O. Box 144 Pembroke, Ontario, K8A 6X1, Canada

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